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This is a Bill, not an Act. For current law, see the Acts databases.


RESIDENTIAL TENANCIES LEGISLATION AMENDMENT (FAMILY VIOLENCE) BILL 2018

                      Western Australia


Residential Tenancies Legislation Amendment
         (Family Violence) Bill 2018

                          Contents

        Part 1 -- Preliminary
  1.    Short title                                                    2
  2.    Commencement                                                   2
        Part 2 -- Residential Tenancies
             Act 1987 amended
  3.    Act amended                                                    3
  4.    Section 3 amended                                              3
  5.    Section 17B inserted                                           3
        17B.     Determination of rights and liabilities after
                 termination of tenant's interest on grounds
                 of family violence                              3
  6.    Section 27C amended                                            5
  7.    Section 29 amended                                             6
  8.    Section 41 amended                                             6
  9.    Section 43 amended                                             6
  10.   Section 45 amended                                             7
  11.   Section 46 amended                                             9
  12.   Section 47 amended                                            10
  13.   Section 56A inserted                                          11
        56A.     Discrimination against tenants subjected
                 or exposed to family violence                   11
  14.   Section 59E amended                                           12
  15.   Section 59F amended                                           12
  16.   Section 60 amended                                            13
  17.   Section 67 amended                                            14
  18.   Part V Division 2A inserted                                   15




                             67--4                                     page i
Residential Tenancies Legislation Amendment (Family Violence) Bill 2018



Contents



              Division 2A -- Special provisions about terminating
                     tenant's interest on grounds of family
                     violence
              71AA.     Terms used                                    15
              71AB.     Notice of termination of tenant's interest
                        on ground that tenant subject to family
                        violence                                      15
              71AC.     Review of notice of termination under
                        s. 71AB                                       17
              71AD.     Rights of co-tenants after notice under
                        s. 71AB                                       17
              71AE.     Termination of tenant's interest by court
                        on grounds of family violence                 18
              71AF.     Review of Division                            20
      19.     Section 81A amended                                          20
      20.     Section 82J amended                                          21
      21.     Section 85 amended                                           21
      22.     Section 88B inserted                                         21
              88B.      Cross-examination of persons in
                        proceedings involving family violence         21
      23.     Section 88 amended                                           22
      24.     Section 94 amended                                           22
      25.     Various penalties amended                                    22
              Part 3 -- Residential Parks (Long-stay
                   Tenants) Act 2006 amended
      26.     Act amended                                                  24
      27.     Section 21 amended                                           24
      28.     Section 33 amended                                           24
      29.     Section 38 amended                                           25
      30.     Part 3 Division 4A inserted                                  26
              Division 4A -- Special provisions about termination
                     of tenant's interest on grounds of family
                     violence
              45A.       Notice of termination of tenant's interest
                         on ground that tenant subject to family
                         violence                                     26
              45B.       Rights of co-tenants after notice under
                         s. 45A                                       27
              45C.       Review of Division                           28
      31.     Section 58A inserted                                         29
              58A.      Discrimination against tenants subjected
                        or exposed to family violence                 29




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Residential Tenancies Legislation Amendment (Family Violence) Bill 2018



                                                                            Contents



    32.      Part 5 Division 3A inserted                                       29
             Division 3A -- Orders relating to termination of
                    tenant's interest on grounds of family
                    violence
             74A.      Review of notice of termination under
                       s. 45A                                          29
             74B.      Termination of tenant's interest by SAT on
                       grounds of family violence                      30
             74C.      Determination of rights and liabilities after
                       termination of tenant's interest on grounds
                       of family violence                              32
             74D.      Review of Division                              33
    33.      Section 94A inserted                                             34
             94A.       Cross-examination of persons in
                        proceedings involving family violence          34
    34.      Section 95 amended                                               35
    35.      Schedule 1 clause 12 amended                                     35
    36.      Schedule 1 clause 13 amended                                     36
    37.      Schedule 1 clause 14 amended                                     37
    38.      Glossary amended                                                 39
    39.      Various penalties amended                                        39




                                                                             page iii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)

 Residential Tenancies Legislation Amendment
          (Family Violence) Bill 2018

                               A Bill for


An Act to amend the Residential Tenancies Act 1987 and the
Residential Parks (Long-stay Tenants) Act 2006 to provide for
termination of tenants' interests on the grounds of family violence,
and for related matters.



The Parliament of Western Australia enacts as follows:




                                                                page 1
     Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
     Part 1          Preliminary

     s. 1



1                           Part 1 -- Preliminary
2    1.       Short title
3             This is the Residential Tenancies Legislation Amendment
4             (Family Violence) Act 2018.

5    2.       Commencement
6             This Act comes into operation as follows --
7              (a) sections 1 and 2 -- on the day on which this Act
8                    receives the Royal Assent;
9              (b) the rest of the Act -- on a day fixed by proclamation,
10                   and different days may be fixed for different provisions.




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      Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
                       Residential Tenancies Act 1987 amended          Part 2

                                                                                   s. 3



1         Part 2 -- Residential Tenancies Act 1987 amended
2    3.         Act amended
3               This Part amends the Residential Tenancies Act 1987.

4    4.         Section 3 amended
5         (1)   In section 3 insert in alphabetical order:
6

7                     family violence has the meaning given in the
8                     Restraining Orders Act 1997 section 5A(1);
9                     prescribed means prescribed in the regulations;
10                    tenancy period, in relation to a residential tenancy
11                    agreement, means the whole period during which the
12                    agreement is in force, whether the agreement is for a
13                    fixed term or creates a periodic tenancy;
14

15        (2)   In section 3 in the definition of rent delete "a period of the
16              tenancy;" and insert:
17

18              the tenancy period or part of the tenancy period;
19


20   5.         Section 17B inserted
21              After section 17A insert:
22


23          17B.      Determination of rights and liabilities after
24                    termination of tenant's interest on grounds of
25                    family violence
26              (1)   A tenant, or former tenant, under a residential tenancy
27                    agreement may apply to a competent court for a
28                    determination of the rights and liabilities of the parties
29                    to the agreement once the former tenant's interest in


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     Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
     Part 2          Residential Tenancies Act 1987 amended

     s. 5



1                   the agreement has been terminated under
2                   section 60(1)(ba) or (bb).
3             (2)   When hearing an application under subsection (1) or
4                   section 71AE(3), the court --
5                     (a) must determine the rights and liabilities of the
6                           parties to the agreement, as affected by the
7                           termination; and
8                     (b) may order a party to pay compensation to
9                           another party for loss or injury, other than
10                          personal injury, relating to the termination.
11            (3)   Without limiting subsection (2), a determination or
12                  order under that provision may apportion the disposal
13                  of a security bond to the lessor and each tenant or
14                  former tenant as appropriate having regard to
15                  subsection (4).
16            (4)   Despite any law to the contrary, each tenant under a
17                  residential tenancy agreement has an equal interest in
18                  the security bond in respect of the agreement unless the
19                  court in a particular case determines otherwise under
20                  this section.
21            (5)   In making a determination or order under
22                  subsection (2), the court must have regard to all of the
23                  following principles --
24                    (a) that family violence is a fundamental violation
25                         of human rights and is unacceptable in any
26                         form;
27                    (b) the need to prevent further victimisation of a
28                         person who has experienced family violence
29                         through the unjust application of the principle
30                         of joint and several liability or the principle of
31                         vicarious liability;
32                    (c) the need to maximise the safety of persons who
33                         have experienced family violence by reducing


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                       Residential Tenancies Act 1987 amended          Part 2

                                                                                  s. 6



1                              any financial burden arising from the family
2                              violence;
3                        (d)   the need to prevent, or reduce to the greatest
4                              extent possible, the consequences of family
5                              violence;
6                        (e)   the need to protect the wellbeing of children by
7                              preventing them from being subjected or
8                              exposed to further family violence;
9                        (f)   the need to encourage perpetrators of family
10                             violence to accept responsibility for their
11                             behaviour and the effect it has on others.
12               (6)   Nothing in subsection (2) is to be read as enabling the
13                     court to order compensation for early termination of a
14                     residential tenancy agreement.
15


16   6.          Section 27C amended
17        (1)    In section 27C(4) delete "tenancy --" and insert:
18

19               tenancy or tenant's interest in a residential tenancy
20               agreement --
21

22        (2)    After section 27C(4) insert:
23

24              (4A)   A lessor is taken to comply with subsection (4) if,
25                     before the termination of a tenant's interest, the
26                     lessor --
27                       (a) enters residential premises under
28                             section 46(6B); and
29                       (b) in relation to that entry --
30                               (i) conducts an inspection of the premises;
31                                     and


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     Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
     Part 2          Residential Tenancies Act 1987 amended

     s. 7



1                              (ii)   prepares a report describing the
2                                     condition of the premises; and
3                             (iii)   provides a copy of the report to the
4                                     tenant.
5

6         (3)   In section 27C(5) delete "subsection (4)(a)." and insert:
7

8               subsection (4)(a) or (4A)(a).
9


10   7.         Section 29 amended
11              After section 29(8) insert:
12

13              (9)   Nothing in subsection (1)(a) prevents the lessor from
14                    requiring further payment from a remaining tenant
15                    towards the security bond in order to cover the disposal
16                    of a former tenant's portion of the security bond under
17                    section 17B(3).
18


19   8.         Section 41 amended
20              In section 41 delete "period of the tenancy." and insert:
21

22              tenancy period.
23


24   9.         Section 43 amended
25        (1)   In section 43(1) in the definition of prescribed period:
26                (a) in paragraph (a) delete "in the regulations";




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      Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
                       Residential Tenancies Act 1987 amended          Part 2

                                                                                    s. 10



1                 (b)         in paragraph (b) delete "longer period prescribed in the
2                             regulations;" and insert:
3

4                             prescribed longer period;
5

6          (2)   In section 43(1) in the definition of urgent repairs paragraph (a)
7                delete "in the regulations".

8    10.         Section 45 amended
9          (1)   In section 45:
10                 (a) delete "It" and insert:
11

12               (1)     It
13

14                (b)         in paragraph (a) delete "prescribed in the regulations;
15                            and" and insert:
16

17                            prescribed; and
18

19                 (c)        in paragraph (c) delete "that" and insert:
20

21                            that, except as provided in subsection (2),
22

23         (2)   At the end of section 45 insert:
24

25               (2)     It is a term of every residential tenancy agreement --
26                          (a) that a tenant may alter or add any lock or other
27                                 means of securing the residential premises --
28                                  (i) after the termination of a person's
29                                        interest in a residential tenancy
30                                        agreement under section 60(1)(bc); or



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     Part 2          Residential Tenancies Act 1987 amended

     s. 10



1                            (ii)   in any event, if it is necessary to prevent
2                                   the commission of family violence that
3                                   the tenant suspects, on reasonable
4                                   grounds, is likely to be committed
5                                   against the tenant or a dependant of the
6                                   tenant;
7                           and
8                    (b)    that the tenant must give to the lessor a copy of
9                           the key to any lock or other means of securing
10                          the residential premises altered or added under
11                          paragraph (a) as soon as practicable, and in any
12                          event within 7 days, after the lock or other
13                          means of securing the residential premises has
14                          been altered or added; and
15                    (c)   that the lessor must not give a copy of a key
16                          referred to in paragraph (b) --
17                             (i) to a person whose interest in the
18                                  residential tenancy agreement has been
19                                  terminated under section 60(1)(bc); or
20                            (ii) in any event, to a person who the tenant
21                                  has instructed the lessor in writing not
22                                  to give the copy of the key.
23            (3)   A tenant who breaches a term referred to in
24                  subsection (2)(b) without reasonable excuse, in
25                  addition to any civil liability that the tenant might
26                  incur, commits an offence.
27                  Penalty for this subsection: a fine of $5 000.
28            (4)   Subsection (2)(b) does not apply if the lessor is a
29                  person reasonably suspected of being likely to commit
30                  the family violence referred to in subsection (2)(a)(ii).
31




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      Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
                       Residential Tenancies Act 1987 amended          Part 2

                                                                               s. 11



1    11.          Section 46 amended
2          (1)    After section 46(2)(g) insert:
3

4                       (ga)    for the purpose of inspecting the premises and
5                               assessing any damage after the termination of a
6                               tenant's interest under --
7                                  (i) section 60(1)(ba) or (bb); or
8                                 (ii) section 60(1)(bc);
9

10         (2)    After section 46(6) insert:
11

12               (6A)   It is a term of every residential tenancy agreement that
13                      the lessor may enter the premises under
14                      subsection (2)(ga)(i) --
15                         (a) not more than 7 days after receiving notice
16                                under section 71AB(1) or 71AD(4); and
17                        (b) not less than 3 days after giving notice to each
18                                tenant of the lessor's intention to enter the
19                                premises.
20               (6B)   It is a term of every residential tenancy agreement that
21                      the lessor may enter the premises under
22                      subsection (2)(ga)(ii) --
23                         (a) not more than 10 days before the hearing of the
24                                application under section 71AE; and
25                        (b) not less than 3 days after giving notice to each
26                                tenant of the lessor's intention to enter the
27                                premises.
28




                                                                             page 9
     Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
     Part 2          Residential Tenancies Act 1987 amended

     s. 12



1    12.         Section 47 amended
2          (1)   In section 47(1) delete "A" and insert:
3

4                Except as provided in subsection (4), a
5

6          (2)   After section 47(3) insert:
7

8                (4)   It is a term of every residential tenancy agreement that
9                      a tenant may affix any prescribed fixture, or make any
10                     prescribed renovation, alteration or addition to the
11                     premises (the prescribed alterations), necessary to
12                     prevent entry onto the premises of a person --
13                        (a) after the termination of the person's interest in
14                               a residential tenancy agreement under
15                               section 60(1)(bc); or
16                       (b) in any event, if it is necessary to prevent the
17                               commission of family violence that the tenant
18                               suspects, on reasonable grounds, is likely to be
19                               committed by the person against the tenant or a
20                               dependant of the tenant.
21               (5)   For the purposes of subsection (4) --
22                      (a) the cost of making the prescribed alterations
23                             must be borne by the tenant; and
24                      (b) the tenant must give written notice to the lessor
25                             of the tenant's intention to make the prescribed
26                             alterations; and
27                      (c) work on the prescribed alterations must be
28                             undertaken by a qualified tradesperson, a copy
29                             of whose invoice the tenant must provide to the
30                             lessor within 14 days of the alterations being
31                             completed; and



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      Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
                       Residential Tenancies Act 1987 amended          Part 2

                                                                            s. 13



1                    (d)   the prescribed alterations must be effected
2                          having regard to the age and character of the
3                          property and any applicable strata company
4                          by-laws; and
5                    (e)   the tenant must restore the premises to their
6                          original condition at the end of the residential
7                          tenancy agreement if the lessor requires the
8                          tenant to do so and, where restoration work has
9                          been undertaken by a tradesperson, must
10                         provide to the lessor a copy of that
11                         tradesperson's invoice within 14 days of that
12                         work having been performed.
13           (6)   Subsection (4) does not apply to premises entered into
14                 the Register as defined in the Heritage of Western
15                 Australia Act 1990 section 3(1) or in the register as
16                 defined in the Heritage Act 2018 section 4.
17

18   13.     Section 56A inserted
19           After section 56 insert:
20

21         56A.    Discrimination against tenants subjected or exposed
22                 to family violence
23                 A person must not refuse, or cause any person to
24                 refuse, to grant a tenancy to any person on the ground
25                 that the person --
26                   (a) has been or might be subjected or exposed to
27                          family violence; or
28                   (b) has been convicted of a charge relating to
29                          family violence.
30                 Penalty: a fine of $5 000.
31




                                                                      page 11
     Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
     Part 2          Residential Tenancies Act 1987 amended

     s. 14



1    14.          Section 59E amended
2                 After section 59E(2) insert:
3

4                 (3)   When a charge of an offence under subsection (1)
5                       relates to a failure by the lessor to give the tenant a
6                       copy of a key to the premises, it is a defence to the
7                       charge to prove that --
8                         (a) the copy of the key had been given to the lessor
9                                under section 45(2)(b); and
10                        (b) the tenant was a person to whom the lessor was
11                               instructed not to give the copy of the key under
12                               section 45(2)(c)(ii).
13


14   15.          Section 59F amended
15         (1)    In section 59F(1) delete "section 45(b)" and insert:
16

17                section 45(1)(b)
18

19         (2)    After section 59F(2) insert:
20

21               (2A)   A lessor who breaches the term referred to in
22                      section 45(2)(c) without reasonable excuse commits an
23                      offence.
24                      Penalty for this subsection: a fine of $20 000.
25




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      Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
                       Residential Tenancies Act 1987 amended          Part 2

                                                                                    s. 16



1    16.         Section 60 amended
2          (1)   In section 60:
3                  (a) delete "Despite" and insert:
4

5                (1)    Despite
6

7                 (b)    after paragraph (b) insert:
8

9                       (ba)      in the case of a particular tenant's interest in the
10                                agreement, where the tenant --
11                                   (i) gives notice under section 71AB(1) of
12                                        termination of the tenant's interest
13                                        together with at least 1 of the documents
14                                        required under section 71AB(2); and
15                                  (ii) vacates the premises on or after the
16                                        expiration of the period of notice
17                                        required under section 71AB(5);
18                      (bb)      in the case of a particular tenant's interest in the
19                                agreement, where the tenant --
20                                   (i) gives notice under section 71AD(4) of
21                                        termination of the tenant's interest; and
22                                  (ii) vacates the premises on or after the
23                                        expiration of the period of notice
24                                        required under section 71AD(5);
25                      (bc)      in the case of a particular tenant's interest in the
26                                agreement, where a competent court terminates
27                                the tenant's interest under section 71AE;
28




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     Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
     Part 2          Residential Tenancies Act 1987 amended

     s. 17



1          (2)   At the end of section 60 insert:
2

3                (2)   The termination of a tenant's interest in a residential
4                      tenancy agreement does not terminate the agreement in
5                      respect of any other tenant under the agreement.
6

7                Note: The heading to amended section 60 is to read:
8                      How residential tenancy agreements and tenant's interests in
9                      agreements are terminated

10   17.         Section 67 amended
11         (1)   In section 67 delete "Notice of termination of a residential
12               tenancy agreement by the tenant shall --" and insert:
13

14               (1)   Except as provided in subsection (2), a notice of
15                     termination of a residential tenancy agreement, or of
16                     the tenant's interest in the agreement, must --
17

18         (2)   At the end of section 67 insert:
19

20               (2)   A notice given under section 71AB(1) must be in a
21                     prescribed form.
22




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      Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
                       Residential Tenancies Act 1987 amended          Part 2

                                                                          s. 18



1    18.     Part V Division 2A inserted
2            After section 70 insert:
3

4            Division 2A -- Special provisions about terminating
5              tenant's interest on grounds of family violence
6          71AA. Terms used
7                  In this Division --
8                  DVO has the meaning given under the Domestic
9                  Violence Orders (National Recognition) Act 2017
10                 section 4(1);
11                 Family Court injunction means an injunction under
12                 the Family Court Act 1997 section 235 or 235A or the
13                 Family Law Act 1975 (Commonwealth) section 68B
14                 or 114;
15                 premises, in relation to a residential tenancy
16                 agreement, means the residential premises to which the
17                 agreement relates.

18         71AB.   Notice of termination of tenant's interest on ground
19                 that tenant subject to family violence
20           (1)   Despite any other provision of this Act or another
21                 written law or a requirement under a contract, a tenant
22                 may give to the lessor notice of termination of the
23                 tenant's interest in the residential tenancy agreement on
24                 the ground that the tenant or a dependant of the tenant
25                 is, during the tenancy period, likely to be subjected or
26                 exposed to family violence.
27           (2)   A notice under this section must be accompanied by a
28                 document, applicable during the tenancy period,
29                 comprising 1 of the following --
30                   (a) a DVO;



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     Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
     Part 2          Residential Tenancies Act 1987 amended

     s. 18



1                     (b)   a Family Court injunction or an application for
2                           a Family Court injunction;
3                     (c)   a copy of a prosecution notice or indictment
4                           containing a charge relating to violence against
5                           the tenant or a court record of a conviction of
6                           the charge;
7                     (d)   a report of family violence, in a form approved
8                           by the Commissioner, completed by a person
9                           who has worked with the tenant and is 1 of the
10                          following --
11                             (i) a person registered under the Health
12                                  Practitioner Regulation National Law
13                                  (Western Australia) in the medical
14                                  profession;
15                            (ii) a person registered under the Health
16                                  Practitioner Regulation National Law
17                                  (Western Australia) in the psychology
18                                  profession;
19                           (iii) a social worker as defined in the Mental
20                                  Health Act 2014 section 4;
21                           (iv) a police officer;
22                            (v) a person in charge of a women's refuge;
23                           (vi) a prescribed person or class of persons.
24             (3)   The lessor must not disclose information in a document
25                   provided to the lessor under subsection (2) to another
26                   person except in accordance with this Act or another
27                   written law.
28                   Penalty for this subsection: a fine of $5 000.
29             (4)   The lessor must ensure that information provided to the
30                   lessor under subsection (2) is kept in a secure manner
31                   so far as it is reasonably practicable to do so.
32                   Penalty for this subsection: a fine of $5 000.



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     Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
                      Residential Tenancies Act 1987 amended          Part 2

                                                                           s. 18



1           (5)   If a tenant gives notice under this section, the period of
2                 notice must be not less than 7 days before the
3                 termination day.

4        71AC. Review of notice of termination under s. 71AB
5           (1)   In this section --
6                 terminating tenant means a tenant who has given, or
7                 purportedly given, notice of termination under
8                 section 71AB.
9           (2)   A lessor may, within 7 days after receiving a notice
10                under section 71AB, apply to a competent court to
11                review whether notice was validly given under that
12                section.
13          (3)   In its review, the court --
14                  (a) must examine whether the terminating tenant
15                         has complied with section 71AB in giving the
16                         notice; and
17                  (b) cannot examine whether the terminating tenant,
18                         or a dependant of the tenant, has been or might
19                         be subject to family violence.
20          (4)   If the court finds that notice was not validly given
21                under section 71AB, the court must make an order
22                declaring that the terminating tenant's interest in the
23                residential tenancy agreement has not been terminated,
24                otherwise the court must dismiss the application.

25       71AD. Rights of co-tenants after notice under s. 71AB
26          (1)   In this section --
27                co-tenant, in relation to a notice under
28                section 71AB(1), does not include the tenant who gave
29                the notice.
30          (2)   A lessor must give a copy of a notice received by the
31                lessor under section 71AB(1) to each co-tenant under

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     Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
     Part 2          Residential Tenancies Act 1987 amended

     s. 18



1                    the residential tenancy agreement within 7 days after
2                    receiving the notice.
3              (3)   Nothing in subsection (2) requires or permits the lessor
4                    to give a copy of a document provided under
5                    section 71AB(2) to a co-tenant.
6              (4)   The co-tenant may, within 7 days after receiving the
7                    copy of the notice, give notice of termination of the
8                    co-tenant's interest in the residential tenancy
9                    agreement to the lessor.
10             (5)   If a co-tenant gives notice of termination under
11                   subsection (4), the period of notice must be not less
12                   than 21 days before the termination day.

13           71AE.   Termination of tenant's interest by court on
14                   grounds of family violence
15             (1)   In this section --
16                   excluded tenant means a tenant against whom an order
17                   is sought or made under subsection (2);
18                   family violence order means a DVO, Family Court
19                   injunction or other court order denying a tenant's right
20                   of occupancy in premises under a residential tenancy
21                   agreement;
22                   protected tenant means a tenant for whose benefit an
23                   order is sought or made under subsection (2).
24             (2)   Despite any other provision of this Act or another
25                   written law, or a requirement under a contract, a court
26                   may make an order terminating a tenant's interest in a
27                   residential tenancy agreement if it is satisfied --
28                     (a) that a family violence order is in force against
29                           the excluded tenant; or
30                     (b) that the excluded tenant has, during the tenancy
31                           period, committed family violence against the
32                           protected tenant or a dependant of the protected
33                           tenant.

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                                                                            s. 18



1           (3)   The court may make the order on an application by any
2                 of the following --
3                   (a) the excluded tenant;
4                   (b) a protected tenant;
5                   (c) a prescribed person acting on behalf of the
6                         protected tenant.
7           (4)   Before making the order the court must consider the
8                 following matters --
9                   (a) the best interests of any child ordinarily
10                       resident at the premises;
11                  (b) the best interests of the protected tenant,
12                       including, if the premises under the residential
13                       tenancy agreement are social housing premises,
14                       the ability of the tenant to meet any eligibility
15                       criteria for those premises;
16                  (c) the effect the order might have on the lessor
17                       and any tenants other than the protected tenant;
18                  (d) the effect the order might have on any pets kept
19                       on the premises;
20                  (e) the fact that perpetrators of family violence
21                       might seek to misuse the protections offered to
22                       tenants and lessors under this Act to further
23                       their violence and the need to prevent that
24                       misuse.
25          (5)   The court is to have regard to the matter set out in
26                subsection (4)(a) as being of primary importance.
27          (6)   The order takes effect on a day specified in the order,
28                being a day that is not less than 7 days and not more
29                than 30 days after the order is made.
30          (7)   The court may make the order in proceedings under
31                this Act or the Act under which the family violence
32                order is made.


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     Part 2          Residential Tenancies Act 1987 amended

     s. 19



1            71AF.   Review of Division
2              (1)   The Minister must carry out a review of the operation
3                    and effectiveness of this Division, and prepare a report
4                    based on the review, as soon as practicable after the
5                    3rd anniversary of the day on which this Division
6                    comes into operation.
7              (2)   Without limiting the scope of the review, the review
8                    must address the following --
9                     (a) the effect of this Division on lessors' rights to
10                          recover debts owed by tenants;
11                    (b) the effect of this Division on lessors' insurance
12                          policies;
13                    (c) the effect of this Division on contractual
14                          certainty;
15                    (d) the extent to which this Division affects
16                          contractual obligations upon lessors and
17                          co-tenants who are not perpetrators of family
18                          violence and the impact of those obligations;
19                    (e) such other matters as appear to the Minister to
20                          be relevant.
21             (3)   The Minister must cause the report to be laid before
22                   each House of Parliament as soon as practicable after it
23                   is prepared, but not later than 12 months after the
24                   3rd anniversary.
25


26   19.       Section 81A amended
27             In section 81A(2) delete "section 60(e)," and insert:
28

29             section 60(1)(e),
30




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                                                                          s. 20



1    20.     Section 82J amended
2            Delete section 82J(2) (2nd occurrence) and insert:
3

4           (2A)   Without limiting subsection (2)(b), the inclusion of the
5                  applicant's name or other personal information about
6                  the applicant is unjust if the circumstances relating to
7                  the listing result from the applicant being subjected or
8                  exposed to family violence.
9           (2B)   The court may order personal information about a
10                 person in a residential tenancy database to be wholly or
11                 partly removed, amended in a stated way or not listed
12                 in a residential tenancy database.
13

14   21.     Section 85 amended
15           In section 85(1)(c) delete "circumstances specified in the
16           regulations, be given or served by electronic means in
17           accordance with the regulations." and insert:
18

19           prescribed circumstances, be given or served by prescribed
20           electronic means.
21


22   22.     Section 88B inserted
23           After section 88A insert:
24

25         88B.    Cross-examination of persons in proceedings
26                 involving family violence
27                 The Restraining Orders Act 1997 section 44C applies
28                 to proceedings under this Act that involve family
29                 violence as if references to the respondent were
30                 references to the person allegedly committing the
31                 family violence.
32


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1    23.       Section 88 amended
2              After section 88(2) insert:
3

4              (3)   Regulations made under subsection (1) for the purposes
5                    of section 47(4) or 71AB(2)(d)(vi) cannot come into
6                    operation earlier than 6 months after they are published
7                    in the Gazette.
8


9    24.       Section 94 amended
10             In section 94(3) delete "a market rate indicator specified in the
11             regulations." and insert:
12

13             a prescribed market rate indicator.
14

15   25.       Various penalties amended
16             In the provisions listed in the Table delete "Penalty:" and insert:
17
18             Penalty for this subsection:
19

20                                      Table
       s. 11A(1)                              s. 16(1)

       s. 19(2)                               s. 22(5)

       s. 27C(1) and (4)                      s. 27(1)

       s. 28(1) and (2)                       s. 29(1), (4), (6) and (8)

       s. 32(7)                               s. 33(1)

       s. 34(1) and (2)                       s. 51(1), (2), (3) and (4)



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                 Residential Tenancies Act 1987 amended          Part 2

                                                                  s. 25



 s. 53(1), (2) and (3)             s. 54(1)

 s. 56(1) and (2)                  s. 57(2A)

 s. 59E(1)                         s. 59F(1) and (2)

 s. 63(3)                          s. 80A(3), (4) and (6)

 s. 82C(2)                         s. 82D(2)

 s. 82E(1)                         s. 82F(1)

 s. 82G(2) and (3)                 s. 82H(2)

 s. 82I(1) and (2)                 s. 82K(2)

 s. 82(2)                          s. 93(1)

 s. 95(3) and (4)                  s. 96(2)




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1            Part 3 -- Residential Parks (Long-stay Tenants)
2                         Act 2006 amended
3    26.        Act amended
4               This Part amends the Residential Parks (Long-stay Tenants)
5               Act 2006.

6    27.        Section 21 amended
7               After section 21(3) insert:
8

9               (4)   Nothing in subsection (1) prevents the park operator
10                    from requiring further payment from a remaining
11                    long-stay tenant towards the security bond in order to
12                    cover the disposal of a former long-stay tenant's
13                    portion of the security bond under section 74C(3).
14


15   28.        Section 33 amended
16              After section 33(2) insert:
17

18            (2A)    A long-stay tenant's interest in a long-stay agreement
19                    is terminated if the tenant has --
20                      (a) given notice of termination under
21                            section 45A(1) together with at least 1 of the
22                            documents required under section 45A(2); and
23                      (b) vacated the agreed premises on or after the
24                            expiration of the period of notice required
25                            under section 45A(5).
26             (2B)   A long-stay tenant's interest in a long-stay agreement
27                    is terminated if the tenant has --
28                      (a) given notice of termination under
29                            section 45B(4); and


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1                         (b)    vacated the agreed premises on or after the
2                                expiration of the period of notice required
3                                under section 45B(5).
4                (2C)   The termination of a long-stay tenant's interest in a
5                       long-stay agreement does not terminate the agreement
6                       in respect of any other long-stay tenant under the
7                       agreement.
8

9                 Note: The heading to amended section 33 is to read:
10                      How long-stay agreements and tenant's interests in agreements
11                      are terminated

12   29.          Section 38 amended
13         (1)    In section 38 delete "A notice of termination must --" and
14                insert:
15

16                (1)   Except as provided in subsection (2), a notice of
17                      termination must --
18

19         (2)    At the end of section 38 insert:
20

21                (2)   A notice given under section 45A(1) must be in a
22                      prescribed form.
23




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     s. 30



1    30.       Part 3 Division 4A inserted
2              After section 45 insert:
3


4            Division 4A -- Special provisions about termination of
5                tenant's interest on grounds of family violence
6            45A.    Notice of termination of tenant's interest on ground
7                    that tenant subject to family violence
8              (1)   Despite any other provision of this Act or another
9                    written law or a requirement under a contract, a
10                   long-stay tenant may give to the park operator notice of
11                   termination of the tenant's interest in an on-site home
12                   agreement on the ground that the tenant or a dependant
13                   of the tenant is, during the tenancy period, likely to be
14                   subjected or exposed to family violence.
15             (2)   A notice under this section must be accompanied by a
16                   document, applicable during the tenancy under the
17                   agreement, comprising 1 of the following --
18                     (a) a DVO;
19                     (b) a Family Court injunction or an application for
20                          a Family Court injunction;
21                     (c) a copy of a prosecution notice or indictment
22                          containing a charge relating to violence against
23                          the long-stay tenant or a court record of a
24                          conviction of the charge;
25                     (d) a report of family violence, in a form approved
26                          by the Commissioner, completed by a person
27                          who has worked with the long-stay tenant and
28                          is 1 of the following --
29                             (i) a person registered under the Health
30                                   Practitioner Regulation National Law
31                                   (Western Australia) in the medical
32                                   profession;

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1                          (ii)   a person registered under the Health
2                                 Practitioner Regulation National Law
3                                 (Western Australia) in the psychology
4                                 profession;
5                         (iii)   a social worker as defined in the Mental
6                                 Health Act 2014 section 4;
7                         (iv)    a police officer;
8                          (v)    a person in charge of a women's refuge;
9                         (vi)    a prescribed person or class of persons.
10          (3)   The park operator must not disclose information in a
11                document provided to the park operator under
12                subsection (2) to another person except in accordance
13                with this Act or another written law.
14                Penalty for this subsection: a fine of $5 000.
15          (4)   The park operator must ensure that information
16                provided to the park operator under subsection (2) is
17                kept in a secure manner so far as it is reasonably
18                practicable to do so.
19                Penalty for this subsection: a fine of $5 000.
20          (5)   If a long-stay tenant gives notice under this section, the
21                period of notice must be not less than 7 days before the
22                termination day.

23       45B.     Rights of co-tenants after notice under s. 45A
24          (1)   In this section --
25                co-tenant, in relation to a notice under section 45A(1),
26                does not include the tenant who gave the notice.
27          (2)   A park operator must give a copy of a notice received
28                by the park operator under section 45A(1) to each
29                co-tenant under the long-stay agreement within 7 days
30                of receiving the notice.



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     s. 30



1              (3)   Nothing in subsection (2) requires or permits the park
2                    operator to give a copy of a document provided under
3                    section 45A(2) to a co-tenant.
4              (4)   The co-tenant may, within 7 days after receiving the
5                    copy of the notice, give notice of termination of the
6                    co-tenant's interest in the long-stay agreement to the
7                    park operator.
8              (5)   If a co-tenant gives notice of termination under
9                    subsection (4), the period of notice must be not less
10                   than 21 days before the termination day.

11           45C.    Review of Division
12             (1)   The Minister must carry out a review of the operation
13                   and effectiveness of this Division, and prepare a report
14                   based on the review, as soon as practicable after the
15                   3rd anniversary of the day on which this Division
16                   comes into operation.
17             (2)   Without limiting the scope of the review, the review
18                   must address the following --
19                    (a) the effect of this Division on lessors' rights to
20                          recover debts owed by tenants;
21                    (b) the effect of this Division on lessors' insurance
22                          policies;
23                    (c) the effect of this Division on contractual
24                          certainty;
25                    (d) the extent to which this Division affects
26                          contractual obligations upon lessors and
27                          co-tenants who are not perpetrators of family
28                          violence and the impact of those obligations;
29                    (e) such other matters as appear to the Minister to
30                          be relevant.




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                                                                          s. 31



1            (3)   The Minister must cause the report to be laid before
2                  each House of Parliament as soon as practicable after it
3                  is prepared, but not later than 12 months after the
4                  3rd anniversary.
5


6    31.     Section 58A inserted
7            At the end of Part 4 Division 1 insert:
8


9          58A.    Discrimination against tenants subjected or exposed
10                 to family violence
11                 A park operator must not refuse to enter into a
12                 long-stay agreement with any person on the ground
13                 that the person --
14                   (a) has been or might be subjected or exposed to
15                         family violence; or
16                   (b) has been convicted of a charge relating to
17                         family violence.
18                 Penalty: a fine of $5 000.
19

20   32.     Part 5 Division 3A inserted
21           After section 74 insert:
22


23             Division 3A -- Orders relating to termination of
24              tenant's interest on grounds of family violence
25         74A.    Review of notice of termination under s. 45A
26           (1)   In this section --
27                 terminating tenant means a long-stay tenant who has
28                 given, or purportedly given, notice of termination
29                 under section 45A.


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1              (2)   A park operator may, within 7 days after receiving a
2                    notice of termination under section 45A, apply to the
3                    State Administrative Tribunal to review whether notice
4                    was validly given under that section.
5              (3)   In its review, the State Administrative Tribunal --
6                      (a) must examine whether the terminating tenant
7                             has complied with section 45A in giving the
8                             notice; and
9                      (b) cannot examine whether the terminating tenant,
10                            or a dependant of the tenant, has been or might
11                            be subject to family violence.
12             (4)   If the State Administrative Tribunal finds that notice
13                   was not validly given under section 45A, the Tribunal
14                   must make an order declaring that the terminating
15                   tenant's interest in the on-site home agreement has not
16                   been terminated, otherwise the Tribunal must dismiss
17                   the application.

18           74B.    Termination of tenant's interest by SAT on grounds
19                   of family violence
20             (1)   In this section --
21                   excluded tenant means a tenant against whom an order
22                   is sought or made under subsection (2);
23                   family violence order means a DVO, Family Court
24                   injunction or other court order denying a long-stay
25                   tenant's right of occupancy in the agreed premises;
26                   protected tenant means a tenant for whose benefit an
27                   order is sought or made under subsection (2).
28             (2)   Despite any other provision of this Act or another
29                   written law or a requirement under a contract, the State
30                   Administrative Tribunal may make an order



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                                                                           s. 32



1                 terminating a tenant's interest in an on-site home
2                 agreement if it is satisfied --
3                   (a) that a family violence order is in force against
4                        the excluded tenant; or
5                   (b) that the excluded tenant has, during the tenancy
6                        period, committed family violence against the
7                        protected tenant or a dependant of the protected
8                        tenant.
9           (3)   The State Administrative Tribunal may make the order
10                on an application by any of the following --
11                  (a) the excluded tenant;
12                 (b) a protected tenant;
13                  (c) a prescribed person acting on behalf of the
14                       protected tenant.
15          (4)   Before making the order the State Administrative
16                Tribunal must consider the following matters --
17                 (a) the best interests of any child ordinarily
18                       resident at the premises;
19                 (b) the best interests of the protected tenant;
20                 (c) the effect the order might have on the lessor
21                       and any remaining tenants;
22                 (d) the effect the order might have on any pets kept
23                       on the agreed premises;
24                 (e) the fact that perpetrators of family violence
25                       might seek to misuse the protections offered to
26                       long-stay tenants and park operators under this
27                       Act to further their violence, and the need to
28                       prevent that misuse.
29          (5)   The State Administrative Tribunal is to have regard to
30                the matter set out in subsection (4)(a) as being of
31                primary importance.



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1              (6)   The State Administrative Tribunal must specify in an
2                    order the day on which the order takes effect.
3              (7)   The day specified under subsection (6) must be not less
4                    than 7 days and not more than 30 days after the order is
5                    made.

6            74C.    Determination of rights and liabilities after
7                    termination of tenant's interest on grounds of
8                    family violence
9              (1)   A long-stay tenant, or former long-stay tenant, may
10                   apply to the State Administrative Tribunal for a
11                   determination of the rights and liabilities of the parties
12                   to the long-stay agreement once the former long-stay
13                   tenant's interest in the agreement has been terminated
14                   under section 33(2A) or (2B).
15             (2)   When hearing an application under subsection (1) or
16                   section 74B(3), State Administrative Tribunal --
17                     (a) must determine the rights and liabilities of the
18                           parties to the agreement, as affected by the
19                           termination; and
20                     (b) may order a party to pay compensation to
21                           another party for loss or injury (except personal
22                           injury) relating to the termination.
23             (3)   Without limiting subsection (2), a determination or
24                   order under that provision may apportion the disposal
25                   of the security bond to the park operator and each
26                   long-stay tenant or former long-stay tenant as
27                   appropriate having regard to subsection (4).
28             (4)   Despite any law to the contrary, each long-stay tenant
29                   under a long-stay agreement has an equal interest in the
30                   security bond in respect of the agreement unless the
31                   State Administrative Tribunal in a particular case
32                   determines otherwise under this section.


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1           (5)   In making a determination or order under
2                 subsection (2), the State Administrative Tribunal must
3                 have regard to all of the following principles --
4                   (a) that family violence is a fundamental violation
5                        of human rights and is unacceptable in any
6                        form;
7                   (b) the need to prevent further victimisation of a
8                        person who has experienced family violence
9                        through the unjust application of the principle
10                       of joint and several liability or the principle of
11                       vicarious liability;
12                  (c) the need to maximise the safety of persons who
13                       have experienced family violence by reducing
14                       any financial burden arising from the family
15                       violence;
16                  (d) the need to prevent, or reduce to the greatest
17                       extent possible, the consequences of family
18                       violence;
19                  (e) the need to protect the wellbeing of children by
20                       preventing them from being subjected or
21                       exposed to further family violence;
22                   (f) the need to encourage perpetrators of family
23                       violence to accept responsibility for their
24                       behaviour and the effect it has on others.
25          (6)   Nothing in subsection (2) is to be read as enabling the
26                State Administrative Tribunal to order compensation
27                for early termination of a long-stay agreement.

28       74D.     Review of Division
29          (1)   The Minister must carry out a review of the operation
30                and effectiveness of this Division, and prepare a report
31                based on the review, as soon as practicable after the
32                3rd anniversary of the day on which this Division
33                comes into operation.


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1              (2)   Without limiting the scope of the review, the review
2                    must address the following --
3                     (a) the effect of this Division on lessors' rights to
4                           recover debts owed by tenants;
5                     (b) the effect of this Division on lessors' insurance
6                           policies;
7                     (c) the effect of this Division on contractual
8                           certainty;
9                     (d) the extent to which this Division affects
10                          contractual obligations upon lessors and
11                          co-tenants who are not perpetrators of family
12                          violence and the impact of those obligations;
13                    (e) such other matters as appear to the Minister to
14                          be relevant.
15             (3)   The Minister must cause the report to be laid before
16                   each House of Parliament as soon as practicable after it
17                   is prepared, but not later than 12 months after the
18                   3rd anniversary.
19


20   33.       Section 94A inserted
21             After section 94 insert:
22


23           94A.    Cross-examination of persons in proceedings
24                   involving family violence
25                   The Restraining Orders Act 1997 section 44C applies
26                   to proceedings under this Act dealing with the issue of
27                   family violence as if references to the respondent were
28                   references to the person allegedly committing the
29                   family violence.
30




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1    34.         Section 95 amended
2                After section 95(3) insert:
3

4                (4)   Regulations made under subsection (1) for the purposes
5                      of section 45A(2)(d)(vi) or Schedule 1 clause 14(4)
6                      cannot come into operation earlier than 6 months after
7                      they are published in the Gazette.
8


9    35.         Schedule 1 clause 12 amended
10         (1)   In Schedule 1 clause 12(2) delete "It" and insert:
11

12               Except as provided in subclause (8), it
13

14         (2)   After Schedule 1 clause 12(7) insert:
15

16               (8)   It is a term of every on-site home agreement --
17                        (a) that a long-stay tenant may alter or add any lock or
18                               similar device to the agreed premises --
19                                (i)   after the termination of an excluded tenant's
20                                      interest in a long-stay agreement under
21                                      section 74B; or
22                               (ii)   in any event, if it is necessary to prevent the
23                                      commission of family violence that the
24                                      tenant suspects, on reasonable grounds, is
25                                      likely to be committed against the tenant or
26                                      a dependant of the tenant;
27                              and
28                       (b)    that the tenant must give to the park operator a copy
29                              of the key to any lock or similar device altered or
30                              added under paragraph (a) as soon as practicable,
31                              and in any event within 7 days, after the lock or
32                              similar device has been altered or added; and



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1                         (c)   that the park operator must not give a copy of a key
2                               referred to in paragraph (b) --
3                                  (i)    to an excluded tenant whose interest in the
4                                         long-stay agreement has been terminated
5                                         under section 74B; or
6                                 (ii)    in any event, to a person who the tenant has
7                                         instructed the park operator in writing not to
8                                         give the copy of the key.
9                 (9)   A long-stay tenant who breaches a term referred to in
10                      subclause (8)(b) without reasonable excuse, in addition to
11                      any civil liability that the tenant might incur, commits an
12                      offence.
13                      Penalty for this subclause: a fine of $5 000.
14               (10)   Subclause (8)(b) does not apply if the park operator is a
15                      person reasonably suspected of being likely to commit the
16                      family violence referred to in subclause (8)(a)(ii).
17               (11)   A park operator who breaches a term referred to in
18                      subclause (8)(c) without reasonable excuse, in addition to
19                      any civil liability that the park operator might incur,
20                      commits an offence.
21                      Penalty for this subclause: a fine of $20 000.
22

23   36.         Schedule 1 clause 13 amended
24         (1)   In Schedule 1 clause 13(2):
25                 (a) in paragraph (g) delete "purchasers." and insert:
26

27                       purchasers; or
28




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1                 (b)     after paragraph (g) insert:
2

3                        (ga)   for the purpose of inspecting the agreed premises
4                               and assessing any damage after the termination of a
5                               tenant's interest under --
6                                  (i)   section 33(2A) or (2B); or
7                                 (ii)   section 74B.
8

9          (2)   After Schedule 1 clause 13(2) insert:
10

11               (3)    It is a term of every long-stay agreement that the park
12                      operator may enter the agreed premises under
13                      subclause (2)(ga)(i) --
14                        (a)   not more than 7 days after receiving notice of
15                              termination under section 45A(1) or 45B(4); and
16                        (b)   not less than 3 days after giving notice to the
17                              long-stay tenant of the park operator's intention to
18                              enter the agreed premises.
19               (4)    It is a term of every long-stay agreement that the park
20                      operator may enter the agreed premises under
21                      subclause (2)(ga)(ii) --
22                         (a) not more than 10 days before the hearing of the
23                                application under section 74B; and
24                         (b) not less than 3 days after giving notice to each
25                                long-stay tenant of the park operator's intention to
26                                enter the agreed premises.
27


28   37.         Schedule 1 clause 14 amended
29         (1)   In Schedule 1 clause 14(1) and (2) delete "A" and insert:
30

31               Except as provided in subclause (4), a
32




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     Part 3          Residential Parks (Long-stay Tenants) Act 2006 amended

     s. 37



1       (2)    After Schedule 1 clause 14(3) insert:
2

3              (4)   It is a term of every long-stay agreement that a long-stay
4                    tenant may affix any prescribed fixture, or make any
5                    prescribed renovation, alteration or addition to the agreed
6                    premises (the prescribed alterations), necessary to prevent
7                    entry onto the agreed premises of a person --
8                      (a)   if the person is an excluded tenant whose interest in
9                            a long-stay agreement has been terminated under
10                           section 74B; or
11                     (b)   in any event, if it is necessary to prevent the
12                           commission of family violence that the tenant
13                           suspects, on reasonable grounds, is likely to be
14                           committed by the person against the tenant or a
15                           dependant of the tenant.
16             (5)   For the purposes of subclause (4) --
17                     (a)   the cost of making the prescribed alterations must
18                           be borne by the long-stay tenant; and
19                     (b)   the long-stay tenant must give written notice to the
20                           park operator of the tenant's intention to make the
21                           prescribed alterations; and
22                     (c)   work on the prescribed alterations must be
23                           undertaken by a qualified tradesperson, a copy of
24                           whose invoice the long-stay tenant must provide to
25                           the park operator within 14 days of the alterations
26                           being completed; and
27                     (d)   the prescribed alterations must be effected having
28                           regard to the age and character of the property and
29                           any applicable strata company by-laws; and
30                     (e)   the long-stay tenant must restore the agreed
31                           premises to their original condition at the end of the
32                           long-stay agreement if the park operator requires
33                           the tenant to do so and, where restoration work has
34                           been undertaken by a tradesperson, must provide to
35                           the park operator a copy of that tradesperson's


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      Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
         Residential Parks (Long-stay Tenants) Act 2006 amended        Part 3

                                                                                    s. 38



1                                invoice within 14 days of that work being
2                                performed.
3


4    38.         Glossary amended
5          (1)   In the Glossary clause 1 insert in alphabetical order:
6

7                        DVO has the meaning given under the Domestic Violence
8                        Orders (National Recognition) Act 2017 section 4(1);
9                        Family Court injunction means an injunction under the
10                       Family Court Act 1997 section 235 or 235A or the Family
11                       Law Act 1975 (Commonwealth) section 68B or 114;
12                       family violence has the meaning given in the Restraining
13                       Orders Act 1997 section 5A(1);
14

15         (2)   In the Glossary clause 1 in the definition of notice of termination
16               delete "agreement" and insert:
17

18               agreement, or an interest in the agreement,
19


20   39.         Various penalties amended
21               In the provisions listed in the Table:
22                 (a) delete "Penalty:" and insert:
23

24                        Penalty for this subsection:
25

26                 (b)    delete "Penalty:" and insert:
27

28                        Penalty for this subclause:
29




                                                                               page 39
    Residential Tenancies Legislation Amendment (Family Violence) Bill 2018
    Part 3          Residential Parks (Long-stay Tenants) Act 2006 amended

    s. 39



1                                    Table
      s. 7(2)                            s. 9(2)

      s. 11(2)                           s. 12(1), (3) and (4)

      s. 13(1)                           s. 15(1), (2) and (3)

      s. 16(1), (2) and (3)              s. 17(1)

      s. 20(2)                           s. 21(1), (2) and (3)

      s. 22(1)                           s. 23(1), (2) and (3)

      s. 25(1) and (2)                   s. 26(2)

      s. 28(1) and (2)                   s. 41(5)

      s. 59(1)                           s. 87(1)

      s. 93(3) and (4)                   Sch. 1 cl. 12(5), (6) and (7)

2




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