Contents (2012 - 74)
Boarding Houses Act 2012 No 74
Division 4 Enforcement
32 Applications to Civil and Administrative Tribunal for dispute resolution
(1) A relevant party may apply to the Civil and Administrative Tribunal for the resolution of an occupancy principles dispute.(2) A relevant party is:(a) a resident or former resident of a registrable boarding house (or an authorised representative of the resident or former resident), or(b) a proprietor or former proprietor of a registrable boarding house.(3) An occupancy principles dispute is a dispute between relevant parties about the application of the occupancy principles in relation to a resident or former resident of a registrable boarding house.(4) The Tribunal may, on application under this section, make one or more of the following orders:(a) an order that restrains any action in contravention of the occupancy principles,(b) an order that requires an action in performance of the occupancy principles,(c) an order for the payment of an amount of money (including an order for the refund or repayment of some or all of an amount paid as an occupancy fee or security deposit),(d) an order as to compensation,(e) an order that a party to the occupancy agreement perform such work or take such other steps as the order specifies to remedy a contravention of the occupancy principles,(f) an order that requires payment of part or all of an occupancy fee to the Tribunal until the whole or part of the occupancy agreement has been performed or any application for compensation has been determined,(g) an order that requires an occupancy fee paid to the Tribunal to be paid towards the cost of remedying a contravention of the occupancy principles or towards the amount of any compensation,(h) an order directing a proprietor, proprietor’s agent or resident to comply with a requirement of this Part,(i) an order directing a proprietor or proprietor’s agent to give a former resident or person authorised by a former resident access to a registrable boarding house for the purpose of recovering goods of the former resident or fixtures that the former resident is entitled to remove.(5) The Tribunal must not make an order for:(a) the payment of an amount that exceeds the amount (if any) prescribed by the regulations for the purposes of this section, or(b) the performance of work or the taking of steps the cost of which is likely to or will exceed the amount (if any) prescribed by the regulations for the purposes of this section.(6) A reference in this section to the occupancy principles is a reference to those principles as they apply under this Part in relation to residents of registrable boarding houses under occupancy agreements.
33 Order for written occupancy agreement
(1) A resident of a registrable boarding house may apply to the Civil and Administrative Tribunal for an order that the proprietor of the boarding house prepare and enter into a written occupancy agreement with the resident.(2) The order may:(a) specify the terms of the agreement, and(b) specify a commencement date for the agreement that occurred before the order was made.(3) The Tribunal may make an order under this section only if it is satisfied that the proprietor and resident are subject to an existing occupancy agreement that is not in writing or is only partly in writing.