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BOARDING HOUSES ACT 2012 - SECT 32
Applications to Civil and Administrative Tribunal for dispute resolution
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.
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