Residential Parks (Long-stay Tenants) Act 2006

On hearing an application under a provision of this Act, the State Administrative Tribunal may give such directions and make such orders as it considers appropriate.

Without limiting subsection (1), the State Administrative Tribunal may do any or all of the following —

restrain any action in breach of a long‑stay agreement;

require any action in performance of a long‑stay agreement;

order the payment of any amount payable under a long‑stay agreement;

if a park operator failed to comply with section 11 or 20A —

order the payment of compensation to a long‑stay tenant or prospective long‑stay tenant for loss; or

if the tribunal is satisfied that the long‑stay tenant would not have entered into the contract had disclosure been made under section 11 — order that the contract is terminated and make such further orders as the tribunal considers appropriate;

order the repayment to a party to a long‑stay agreement of an amount paid by the party to the other party under a mistake of law or fact;

determine the amount of rent payable under a long‑stay agreement;

order the payment of compensation for loss or injury (except personal injury) caused by a breach of the agreement or by breach of an order of the tribunal or a court;

authorise the payment to the tribunal of an amount of rent payable under the agreement until the agreement has been complied with, or an application for compensation has been determined;

order that rent paid to the tribunal must be paid out towards the cost of remedying a breach of the agreement, towards the amount of any compensation, or otherwise as the tribunal considers appropriate;

if a term of a long‑stay agreement is harsh, unreasonable or is inconsistent with the Act — declare that the term has no effect;

order the park operator to enter into a new long‑stay agreement with, or to consent to the assignment of the long‑stay tenant’s interest in the agreement to, the buyer under section 58(4), (5) or (6);

make such other orders as the tribunal considers appropriate.

The powers of the State Administrative Tribunal to make orders and give directions is in addition to, and does not derogate from, the powers of the tribunal to give directions or make orders under another provision of this Act.