Victorian Current Acts Victorian Current Acts(1) Subject to subsection (2), if a resident has been charged for excessive usage of a service at the site the resident occupies that is caused by a fault in infrastructure or any fixtures or buildings at or connected to the site or the caravan park, including the caravan, the caravan park owner or the caravan owner, as the case requires, is liable for that part of the excessive charge that is additional to an amount of ordinary usage by the resident.
Example
Excessive usage charges caused by a leak in the underground pipe of a water service connected to a site in a caravan park.
(2) A caravan park owner or a caravan owner, as the case requires, is not liable for excessive usage charges unless—
(a) the resident notified the caravan park owner or the caravan owner, as soon as practicable, of—
(i) the excessive usage charges; and
(ii) the fault that caused the excessive usage; and
(b) the fault was not caused by any action or omission of the resident.
(3) A caravan park owner is not liable for excessive usage charges if the excessive usage charges were caused by a fault with the caravan occupied by the resident which is not owned by the caravan park owner.
(4) A caravan park owner or caravan owner, as the case requires, must reimburse a resident for any reasonable costs incurred by the resident for the diagnosis of a fault referred to in subsection (1) by a suitably qualified person.
(5) A caravan park owner or a caravan owner is not responsible for any excess usage charges or other costs for a fault caused by any property that is the responsibility of a service provider.
Note
This section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
S. 180B inserted by No. 45/2018 s. 153.