Western Australian Current Acts Western Australian Current Acts (1A) In this section
—
party , in relation to a residential tenancy
agreement, means a lessor or tenant under that agreement.
(1) The Commissioner
may, upon being satisfied that there is a cause of action and that it is in
the public interest, on behalf of any party to a residential tenancy
agreement, institute legal proceedings against any other person or defend any
proceedings brought against the party or assume the conduct of proceedings
already commenced by or against the party, with a view to enforcing or
protecting the rights of the party in relation to any infringement or
suspected infringement by that other person of those rights or of any of the
provisions of this Act or other law relating to the interests of such parties.
(2) The Commissioner
may, if the Commissioner considers it appropriate, on behalf of any tenant,
institute proceedings under section 32 or assume the conduct of proceedings
already commenced under that section by the tenant.
(3) The Commissioner
shall not institute, defend or assume the conduct of, any proceedings under
subsection (1) or (2) on behalf of a party —
(a)
without first —
(i)
obtaining the written consent of the party which once
given shall be irrevocable except with the consent of the Commissioner; and
(ii)
obtaining the written consent of the Minister which may
be given subject to such conditions as the Minister thinks fit;
and
(b) in
relation to a residential tenancy agreement that has terminated unless a
complaint is made to the Commissioner by a person who was a party to that
agreement within 3 months after termination of the residential tenancy
agreement.
(4) In relation to any
proceedings referred to in subsection (1) or (2) the following provisions
shall apply —
(a) the
Commissioner shall, on behalf of the party to the residential tenancy
agreement, have in all respects the same rights in, and control over, the
proceedings, including the right to settle any action or part of any action,
as the party would have had in the conduct of those proceedings; and
(b) the
Commissioner may, without consulting or seeking the consent of the party,
conduct the proceedings in such manner as the Commissioner thinks appropriate
and proper; and
(c) in
the case of proceedings already commenced by or against the party, the court
hearing the proceedings shall, on the application of the Commissioner, order
that the Commissioner be substituted for the party as a party to the
proceedings, and may make such other orders or give such other directions in
that behalf as the court thinks fit; and
(d) any
moneys (excluding costs) recovered by the Commissioner shall belong and be
paid to the party without deduction and any amount awarded against the party
shall be paid by and recoverable from the party, but in all cases the costs of
the proceedings shall be borne by or paid to and retained by the Commissioner
as the case may require; and
(e) if
any party to the proceedings alleges another cause of action, or if the party
on whose behalf the proceedings are being defended has another cause of
action, the court hearing the proceedings shall, on the application of the
Commissioner, order that the proceedings for the other cause of action be
heard separately and that the party be a party to those proceedings in the
party’s own right and may make such other orders or give such other
directions in that behalf as the court thinks fit.
(5) In any proceedings
referred to in subsection (1), a document purporting to be signed by the
Commissioner stating in respect of the proceedings that the Commissioner is
satisfied that there is a cause of action and that it is in the public
interest to institute, defend or assume the conduct of the proceedings, as the
case may be, on behalf of the party to the residential tenancy agreement
shall, in the absence of proof to the contrary, be accepted as proof that the
Commissioner instituted, defended or assumed the conduct of the proceedings,
as the case may be, in accordance with that subsection.
(6) In any proceedings
referred to in subsection (2), a document purporting to be signed by the
Commissioner stating in respect of the proceedings that the Commissioner
considers it appropriate to institute or assume the conduct of the
proceedings, as the case may be, on behalf of the tenant shall, in the absence
of proof to the contrary, be accepted as proof that the Commissioner
instituted or assumed the conduct of the proceedings, as the case may be, in
accordance with that subsection.
(7) In any proceedings
referred to in subsection (1) or (2) —
(a) a
document purporting to be the consent of the party to the residential tenancy
agreement to the Commissioner instituting, defending or assuming the conduct
of the proceedings, as the case may be; or
(b) a
document purporting to be the Minister’s consent to the Commissioner
instituting, defending or assuming the conduct of the proceedings, as the case
may be,
shall, in the absence
of proof to the contrary, be accepted as proof of the matters referred to in
the document.
(8) Any money which
the Commissioner becomes liable to pay by virtue of this section shall be
charged to the Consolidated Account and this subsection, without any further
appropriation, shall be sufficient authority for any such payment.
(9) Any costs received
by the Commissioner under subsection (4)(d) shall be credited to the
Consolidated Account.
[Section 9 amended: No. 50 of 1988 s. 18; No. 6 of
1993 s. 11; No. 59 of 1995 s. 56; No. 59 of 2004 s. 121; No. 77 of 2006 s. 4;
No. 60 of 2011 s. 8.]