{"id":"housing-improvement-act-2016","name":"Housing Improvement Act 2016","slug":"housing-improvement-act-2016","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":93297,"registerId":"sa-housing-improvement-act-2016-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Housing Improvement Act 2016","content":"South Australia\nHousing Improvement Act 2016\nAn Act to provide for measures to address housing that is unsafe or unsuitable for human habitation; to control the rent of unsafe or unsuitable housing; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tObjects of Act\n4\tInterpretation\n5\tPrescribed minimum housing standards\n6\tApplication of Act\nPart 2—Administration\nDivision 1—Minister\n7\tFunctions\n8\tDelegation\nDivision 2—Authorised officers\n9\tAppointment of authorised officers\n10\tIdentity cards\n11\tPowers of authorised officers\n12\tOffences by authorised officers etc\nPart 3—Orders, notices and other action to deal with unsafe or unsuitable housing conditions\nDivision 1—Housing assessment orders, housing improvement orders and housing demolition orders\n13\tHousing assessment orders\n14\tHousing improvement orders\n15\tHousing demolition orders\n16\tRegistration of housing assessment order, housing improvement order or housing demolition order\n17\tAction by Minister on non‑compliance with housing assessment order, housing improvement order or housing demolition order\n18\tRecovery of costs and expenses incurred by Minister\n19\tAction, and recovery of costs and expenses, by registered mortgagee or encumbrancee or by tenant\n20\tOwner of residential premises may seek reimbursement of costs and expenses from other owners\n21\tInteraction of this Division with Real Property Act 1886\nDivision 2—Notice to vacate\n22\tNotice to vacate\n23\tPower of Tribunal to make order for ejectment or compensation\n24\tEnforcement of ejectment order\nDivision 3—Rent control notices\n25\tRent control notices\n26\tOffence to charge more than maximum rent under rent control notice\nDivision 4—Special provisions relating to prescribed residential tenancy agreements\n27\tLandlord must give notice of intention to carry out inspections or works under housing assessment order or housing improvement order\n28\tLandlord must keep and provide record of rent if rent control notice applies\n29\tTermination of prescribed residential tenancy agreement by tenant\n30\tTermination or variation of prescribed residential tenancy agreement by landlord\nDivision 5—Obligation to publicise orders and notices\n31\tOrders and notices under this Part to be displayed on premises\n32\tOrders and notices under this Part to be declared in advertisements for sale or lease of land and in lease agreement\nDivision 6—Review by Tribunal\n33\tReview by Tribunal\nPart 4—General duty\n34\tGeneral duty\nPart 5—South Australian Civil and Administrative Tribunal\n35\tJurisdiction of Tribunal\n36\tIntervention by Minister\n37\tAmendment of proceedings\n38\tGeneral powers of Tribunal to resolve housing improvement tenancy disputes\n39\tRestraining orders\n40\tSpecial powers to make orders\n42\tReasons for decisions\n43\tTime for application for review or instituting appeal\n44\tRepresentation in proceedings before Tribunal\n45\tRemuneration of representative\nPart 6—Register\n46\tRegister\nPart 7—Miscellaneous\n47\tContract to avoid Act\n48\tProtection from liability\n49\tOffences by bodies corporate\n50\tTribunal may exempt agreement or premises from provision of Act\n51\tService\n52\tFalse or misleading information\n53\tContinuing offences\n54\tCommencement of proceedings for summary offences\n55\tOrders in respect of contraventions\n56\tRecovery from related bodies corporate\n57\tJoint and several liability\n58\tEvidentiary provisions\n59\tRegulations\nSchedule 1—Transitional provisions\nPart 5—Transitional provisions\n23\tInterpretation\n24\tDeclarations by councils that houses unfit for habitation\n25\tNotice of intention to declare house sub‑standard\n26\tNotice declaring house to be sub‑standard\n27\tNotice fixing maximum rental\n28\tNotice fixing maximum rental for partial letting or subletting\n29\tNotice fixing maximum rental for furniture\n30\tContinuation of action in progress immediately before commencement of this Part\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Housing Improvement Act 2016.\n3—Objects of Act\nThe objects of this Act are—\n\t(a)\tto ensure that housing meets the prescribed minimum housing standards; and\n\t(b)\tto regulate unsafe or unsuitable housing and the rent payable in respect of such housing; and\n\t(c)\tto raise community awareness of the prescribed minimum housing standards.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nauthorised officer means a person appointed to be an authorised officer under Part 2 Division 2;\ncouncil has the same meaning as in the Local Government Act 1999;\ndecision, of the Tribunal, has the same meaning as in the South Australian Civil and Administrative Tribunal Act 2013;\nDeputy President means a Deputy President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013;\nDeputy Registrar means a Deputy Registrar of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013;\ndirector of a body corporate includes a person occupying or acting in the position of director of the governing body of the body corporate and includes any person in accordance with whose directions or instructions the directors of the governing body are accustomed to act;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nFund means the Residential Tenancies Fund under the Residential Tenancies Act 1995;\nhousing assessment order—see section 13;\nhousing demolition order—see section 15;\nhousing improvement order—see section 14;\nhousing improvement tenancy dispute means—\n\t(a)\ta dispute between parties or former parties to a residential tenancy agreement about matters arising under this Act; or\n\t(b)\tany matter that may be the subject of an application under this Act to the Tribunal;\nland includes any legal estate or interest in, or right in respect of, land;\nlandlord means—\n\t(a)\tthe person who grants the right of occupancy under a residential tenancy agreement; or\n\t(b)\ta successor in title to the tenanted premises whose title is subject to the tenant's interest,\nand includes a prospective landlord and a former landlord;\nlawyer means a person entitled to practise the profession of the law under the Legal Practitioners Act 1981;\nnotice to vacate—see section 22;\nowner of land means—\n\t(a)\tif the land is unalienated from the Crown—the Crown; or\n\t(b)\tif the land is alienated from the Crown by grant in fee simple—the owner (at law or in equity) of the estate in fee simple; or\n\t(c)\tif the land is held from the Crown by lease or licence—the lessee or licensee; or\n\t(d)\tif the land is held by a Minister or any other agency or instrumentality of the Crown in prescribed circumstances—the Minister or agency or instrumentality of the Crown; or\n\t(e)\tif the land is under the care, control and management of a council in prescribed circumstances—the council,\nand includes any other person of a prescribed class included within the ambit of this definition by the regulations;\npreliminary rent control notice—see section 25(2);\npremises includes a part of premises;\nprescribed minimum housing standards—see section 5;\nprescribed residential tenancy agreement means a residential tenancy agreement other than—\n\t(a)\ta residential park agreement within the meaning of the Residential Parks Act 2007; or\n\t(b)\ta residential tenancy agreement within the meaning of the Residential Tenancies Act 1995 to which that Act applies; or\n\t(c)\ta rooming house agreement within the meaning of the Residential Tenancies Act 1995;\nPresident means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013;\nRegistrar means the Registrar of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013;\nrelated body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth;\nrent means an amount payable under a residential tenancy agreement for the right to occupy premises for a period of the tenancy;\nrent control notice—see section 25(1);\nresidential premises means premises used, intended to be used, or reasonably capable of being used, as a place of residence and includes any yard, garden, outbuildings, appurtenances or area belonging to, or usually used in connection with, such premises, but does not include premises of a kind excluded from the ambit of this definition by the regulations;\nresidential tenancy agreement means an agreement under which a person grants another person, for valuable consideration, a right (which may, but need not, be an exclusive right) to occupy residential premises, but does not include a residential tenancy agreement of a kind excluded from the ambit of this definition by the regulations;\nspouse—a person is the spouse of another if they are legally married;\ntenant means—\n\t(a)\tthe person who is granted a right of occupancy under a residential tenancy agreement; or\n\t(b)\tthe person to whom the right passes by assignment or operation of law,\nand includes a prospective tenant and a former tenant;\nTribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tFor the purposes of this Act, a person is an associate of another if—\n\t(a)\tthey are partners; or\n\t(b)\t1 is a spouse, domestic partner, parent or child of another; or\n\t(c)\tthey are both trustees or beneficiaries of the same trust, or 1 is a trustee and the other is a beneficiary of the same trust; or\n\t(d)\t1 is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or\n\t(e)\t1 is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate or other entity; or\n\t(f)\tthey are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(g)\ta relationship of a prescribed kind exists between them; or\n\t(h)\ta chain of relationships can be traced between them under any 1 or more of the above paragraphs.\n\t(3)\tFor the purposes of subsection (2), a beneficiary of a trust includes an object of a discretionary trust.\n5—Prescribed minimum housing standards\n\t(1)\tThe Governor may make regulations establishing the standards that must be met for residential premises to be considered safe and suitable for human habitation (the prescribed minimum housing standards).\n\t(2)\tWithout limiting the generality of subsection (1), regulations made under this section may make provision for or in relation to any of the following:\n\t(a)\tthe construction, condition, utility, amenity and situation of premises and any fixtures, fittings or facilities provided with premises;\n\t(b)\tthe cleanliness and sanitation of premises and any fixtures, fittings or facilities provided with premises;\n\t(c)\tthe alteration, relocation, repair and maintenance of premises and any fixtures, fittings or facilities provided with premises;\n\t(d)\tenvironmental performance (including water and energy efficiency) of premises and any fixtures, fittings or facilities provided with premises;\n\t(e)\tthe dimensions of rooms of premises;\n\t(f)\taccess to and within premises, and egress from premises;\n\t(g)\ttoilet, bathroom, laundry and kitchen areas and facilities in premises;\n\t(h)\tdrainage, ventilation and lighting of premises;\n\t(i)\tthe supply of water, gas and electricity to premises;\n\t(j)\tconstruction materials used in premises, and any fixtures, fittings or facilities provided with premises, that pose or may pose a risk to human health;\n\t(k)\tthe protection of premises from flooding, damp, dust and other external pollutants and infestation by vermin;\n\t(l)\tthe fire safety of premises.\n6—Application of Act\n\t(1)\tSubject to this section, this Act is in addition to, and does not limit or derogate from the provisions of any other Act.\n\t(2)\tIf residential premises consist of a site, or a dwelling installed or located on a site, to which a residential park agreement within the meaning of the Residential Parks Act 2007 applies, this Act applies as if—\n\t(a)\ta reference to residential premises were a reference to the site or dwelling; and\n\t(b)\ta reference to a residential tenancy agreement were a reference to the residential park agreement; and\n\t(c)\ta reference to a landlord were a reference to the person (whether or not the park owner within the meaning of the Residential Parks Act 2007) who grants another person, for valuable consideration, a right of occupancy of the site or dwelling for residential purposes; and\n\t(d)\ta reference to a tenant were a reference to the resident or any other person who is granted, for valuable consideration, a right of occupancy of the site or dwelling for residential purposes.\n\t(3)\tIf residential premises consist of premises to which a rooming house agreement within the meaning of the Residential Tenancies Act 1995 applies, this Act applies as if—\n\t(a)\ta reference to a residential tenancy agreement were a reference to the rooming house agreement; and\n\t(b)\ta reference to a landlord were a reference to the rooming house proprietor; and\n\t(c)\ta reference to a tenant were a reference to the rooming house resident.\nPart 2—Administration\nDivision 1—Minister\n7—Functions\n\t(1)\tThe Minister's functions in connection with the administration of this Act include the following (to be performed to such extent as the Minister considers appropriate):\n\t(a)\tto further the objects of this Act;\n\t(b)\tto promote safe and suitable standards of housing within the State by ensuring that adequate measures are taken to give effect to the provisions of this Act and to ensure compliance with this Act;\n\t(c)\tto develop or adopt codes of practice or guidelines that are relevant to—\n\t(i)\tthe scope of the general duty under Part 4; or\n\t(ii)\tsetting standards in connection with any activity, material, substance or equipment associated with safe or suitable standards of housing; or\n\t(iii)\tproviding for other matters relevant to the operation or administration of this Act, for matters that may be subject to regulations under this Act, or for such other matters as the Minister thinks fit;\n\t(d)\tto be a primary source of advice to the Government about preserving, protecting and promoting safe and suitable standards of housing;\n\t(e)\tany other functions assigned to the Minister by this Act.\n\t(2)\tIn addition, the Minister has the power to do anything necessary, expedient or incidental to—\n\t(a)\tperforming the functions of the Minister under this Act; or\n\t(b)\tadministering this Act; or\n\t(c)\tfurthering the objects of this Act.\n8—Delegation\n\t(1)\tThe Minister may delegate a function or power conferred on the Minister under this Act—\n\t(a)\tto a specified person or body; or\n\t(b)\tto a person occupying or acting in a specified office or position.\n\t(2)\tA delegation—\n\t(a)\tmay be made subject to conditions or limitations specified in the instrument of delegation; and\n\t(b)\tif the instrument of delegation so provides, may be further delegated by the delegate; and\n\t(c)\tis revocable at will and does not prevent the delegator from acting personally in a matter.\nDivision 2—Authorised officers\n9—Appointment of authorised officers\n\t(1)\tThe Minister may appoint a suitably qualified person to be an authorised officer for the purposes of this Act.\n\t(2)\tAn appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit.\n\t(3)\tAn authorised officer is subject to direction by the Minister.\n\t(4)\tThe Minister may vary or revoke an appointment at any time.\n10—Identity cards\n\t(1)\tAn authorised officer must be issued with an identity card in a form approved by the Minister—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer for the purposes of this Act.\n\t(2)\tThe identity card must be issued as soon as is reasonably practicable after the appointment is made.\n\t(3)\tAn authorised officer must, at the request of a person in relation to whom the officer intends to exercise any powers under this Act, produce for the inspection of the person his or her identity card.\n\t(4)\tAn authorised officer appointed under this Act must, on ceasing to be an authorised officer for any reason, surrender his or her identity card to the Minister.\nMaximum penalty: $250.\n11—Powers of authorised officers\n\t(1)\tSubject to this section, an authorised officer may, for any reasonable purpose connected with the administration or enforcement of this Act—\n\t(a)\tenter the premises for the purposes of carrying out an inspection of the premises, provided that—\n\t(i)\tif the authorised officer believes on reasonable grounds that the premises pose or may pose an imminent risk of death or serious injury or illness to occupiers of the premises—the owner or occupier is notified prior to the proposed entry; or\n\t(ii)\tin any other case—at least 5 working days notice is given to the owner or occupier of the proposed entry (or such shorter period as may be requested or consented to by the owner or occupier); and\n\t(b)\tduring the course of the inspection—\n\t(i)\task questions of any person found in the premises; and\n\t(ii)\tinspect any article or substance found in the premises; and\n\t(iii)\ttake and remove samples of any substance or other thing found in the premises; and\n\t(iv)\trequire any person to produce any plans, specifications, books, papers or documents; and\n\t(v)\texamine, copy and take extracts from any plans, specifications, books, papers or documents; and\n\t(vi)\ttake photographs, films or video recordings; and\n\t(vii)\ttake measurements, make notes and carry out tests; and\n\t(viii)\tremove any article that may constitute evidence of the commission of an offence against this Act; and\n\t(c)\trequire any person to answer any question that may be relevant to the administration or enforcement of this Act.\n\t(2)\tAn authorised officer's powers under subsection (1) are qualified as follows:\n\t(a)\tthe authorised officer must not exercise the power of entry in relation to residential premises unless there are reasonable grounds to believe that the premises—\n\t(i)\tare or may be unsafe or unsuitable for human habitation; or\n\t(ii)\tare occupied under a residential tenancy agreement;\n\t(b)\tif, after entering residential premises, the authorised officer forms the view that the premises are not unsafe or unsuitable for human habitation, the officer must leave the premises immediately.\n\t(3)\tIn the exercise of powers under this Act, an authorised officer may be accompanied by such assistants as may be necessary or desirable in the circumstances.\n\t(4)\tAn authorised officer may use reasonable force to enter any residential premises—\n\t(a)\ton the authority of a warrant issued by a magistrate; or\n\t(b)\tif the officer believes, on reasonable grounds, that the circumstances require immediate action to be taken.\n\t(5)\tA magistrate must not issue a warrant under subsection (4) unless satisfied—\n\t(a)\tthat there are reasonable grounds to suspect that an offence against this Act has been, is being, or is about to be, committed; or\n\t(b)\tthat the warrant is reasonably required in the circumstances.\n\t(6)\tIf an authorised officer is inspecting residential premises under this section, the person in charge of the premises must provide such assistance as the authorised officer reasonably requires to facilitate the inspection.\n\t(7)\tA person who—\n\t(a)\thinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of a power under this section; or\n\t(b)\thaving been asked a question under this section, does not answer the question to the best of his or her knowledge, information and belief; or\n\t(c)\tbeing the person in charge of premises subject to an inspection and having been required to provide reasonable assistance to facilitate the inspection, refuses or fails to provide such assistance,\nis guilty of an offence.\nMaximum penalty: $5 000.\n\t(8)\tDespite any preceding provision of this section, a person is excused from answering a question or providing information or a document under this section on the ground that the answer to the question, or the information or document, may tend to incriminate that person or expose that person to a penalty.\n12—Offences by authorised officers etc\nAn authorised officer, or a person assisting an authorised officer, who—\n\t(a)\taddresses offensive language to any other person; or\n\t(b)\twithout lawful authority, hinders or obstructs or uses or threatens to use force in relation to any other person,\nis guilty of an offence.\nMaximum penalty: $5 000.\nPart 3—Orders, notices and other action to deal with unsafe or unsuitable housing conditions\nDivision 1—Housing assessment orders, housing improvement orders and housing demolition orders\n13—Housing assessment orders\n\t(1)\tThe Minister may issue a housing assessment order to the owner of residential premises if the Minister has reason to believe that the premises are or may be unsafe or unsuitable for human habitation.\n\t(2)\tA housing assessment order—\n\t(a)\tmust be in the form of a written order served on the person to whom it is issued; and\n\t(b)\tmust specify the premises to which the order applies; and\n\t(c)\tmust include a requirement for assessments to be carried out of or in relation to the nature and extent of the defects in respect of the premises; and\n\t(d)\tmust include a requirement for a written report of the assessments to be submitted to the Minister in a specified form within a specified period; and\n\t(e)\tmay include a requirement that a person with specified qualifications be appointed or engaged—\n\t(i)\tto carry out the assessments; or\n\t(ii)\tto prepare the written report of the assessments; and\n\t(f)\tmay include an authorisation for the assessments or some of the assessments to be undertaken on behalf of the Minister by an authorised officer or other person authorised by the Minister; and\n\t(g)\tmust state that the person may, within 28 days, apply to the Tribunal for a review of the order.\n\t(3)\tThe Minister may, by written order served on a person to whom a housing assessment order has been issued, vary or revoke the order.\n\t(4)\tA person to whom a housing assessment order has been issued must comply with the order.\nMaximum penalty: $10 000.\n14—Housing improvement orders\n\t(1)\tThe Minister may issue a housing improvement order to the owner of residential premises if the Minister has reason to believe that the premises are unsafe or unsuitable for human habitation and that works are required to remediate defects in respect of the premises.\n\t(2)\tA housing improvement order—\n\t(a)\tmust be in the form of a written order served on the person to whom it is issued; and\n\t(b)\tmust specify the premises to which the order applies; and\n\t(c)\tmust include particulars of the defects identified in respect of the premises; and\n\t(d)\tmay include requirements for—\n\t(i)\tpreparing, in accordance with specified requirements and to the satisfaction of the Minister, a plan of works for the premises; and\n\t(ii)\tcomplying with such a plan to the satisfaction of the Minister; and\n\t(e)\tmay include requirements for the person to whom it is issued to carry out specified works and may include a requirement that the works be completed within a specified period; and\n\t(f)\tmay include an authorisation for the works or some of the works to be undertaken on behalf of the Minister by an authorised officer or other person authorised by the Minister; and\n\t(g)\tmay include a requirement for the person to whom it is issued to ensure that the premises, if occupied, are vacated and, in any case, remain unoccupied for a specified period or until the completion, to the satisfaction of the Minister, of specified works; and\n\t(h)\tmust state that the person may, within 28 days, apply to the Tribunal for a review of the order.\n\t(3)\tAn authorised officer may, if of the opinion that urgent action is required to address unsafe or unsuitable conditions of residential premises, issue an emergency housing improvement order imposing requirements of a kind that may be imposed under subsection (2) as reasonably required to address the conditions.\n\t(4)\tAn emergency housing improvement order may be issued orally, but, in that event, the person to whom the order is issued must be advised forthwith of the person's right to apply to the Tribunal for a review of the order.\n\t(5)\tIf an emergency housing improvement order is issued to a person, the order will cease to have effect on the expiration of 3 business days from the time of its issuing unless confirmed by a written housing improvement order issued by the Minister and served on the person.\n\t(6)\tThe Minister may, by written order served on a person to whom a housing improvement order has been issued, vary or revoke the order.\n\t(7)\tA person to whom a housing improvement order has been issued must comply with the order.\nMaximum penalty: $10 000.\n15—Housing demolition orders\n\t(1)\tThe Minister may issue a housing demolition order to the owner of residential premises if the Minister has reason to believe that the premises are so unsafe or unsuitable that it would be impracticable or unreasonable to undertake works to remediate the defects.\n\t(2)\tA housing demolition order—\n\t(a)\tmust be in the form of a written order served on the person to whom it is issued; and\n\t(b)\tmust specify the premises to which the order applies; and\n\t(c)\tmust include particulars of the defects identified in respect of the premises; and\n\t(d)\tmust require the premises to be demolished within a specified period being not less than 28 days after the service of the order; and \n\t(e)\tmust include requirements for the person to whom it is issued to ensure that the premises, if occupied, are vacated and, in any case, remain unoccupied at all times prior to demolition or until the completion, to the satisfaction of the Minister, of specified works; and\n\t(f)\tmay include authorisation for the demolition works or some of those works to be undertaken on behalf of the Minister by an authorised officer or other person authorised by the Minister; and\n\t(g)\tmust state that the person may, within 28 days, apply to the Tribunal for a review of the order.\n\t(3)\tThe Minister may, by written order served on a person to whom a housing demolition order has been issued, vary or revoke the order.\n\t(4)\tA person to whom a housing demolition order has been issued must comply with the order.\nMaximum penalty: $10 000.\n16—Registration of housing assessment order, housing improvement order or housing demolition order\n\t(1)\tIf a housing assessment order, housing improvement order or housing demolition order has been issued to a person in respect of residential premises, the Minister may apply to the Registrar‑General for registration of the order in relation to land owned by the person on which the premises are located.\n\t(2)\tAn application under this section must be in a form approved by the Registrar‑General and must—\n\t(a)\tdescribe the land to which it relates; and\n\t(b)\tdo either or both of the following as the case may require:\n\t(i)\tstate that the registration of the order in relation to the land will, by virtue of subsection (5), result in the order becoming binding on each owner from time to time of the land;\n\t(ii)\tstate that the registration of the order in relation to the land will operate as a charge on the land, securing payment to the Minister of costs and expenses incurred by the Minister or by an authorised officer or other person acting on behalf of or under the authority of the Minister in taking action in the event of non‑compliance with requirements of the order or in taking action in pursuance of the order.\n\t(3)\tAn application must be accompanied by—\n\t(a)\ta copy of the housing assessment order, housing improvement order or housing demolition order; and\n\t(b)\tsuch information or material as the Registrar‑General may require.\n\t(4)\tThe Registrar‑General must, on application by the Minister in accordance with this section, register the relevant order by making such entries in any register book, memorial or other book or record in the Lands Titles Registration Office or in the General Registry Office as the Registrar‑General thinks fit.\n\t(5)\tIf a housing assessment order, housing improvement order or housing demolition order is registered under this section in relation to land, the order is binding on each owner from time to time of the land, and this Division applies as if the order had been issued to each owner.\n\t(6)\tIf a housing assessment order, housing improvement order or housing demolition order is registered under this section in relation to land, the Minister must, as soon as reasonably practicable, notify, in writing, each owner of the land, and each registered mortgagee or encumbrancee (if any) of the land, of the registration.\n\t(7)\tThe Registrar‑General must, on application by the Minister, cancel the registration of a housing assessment order, housing improvement order or housing demolition order in relation to land and make such endorsements to that effect in the appropriate register book, memorial or other book or record in respect of the land as he or she thinks fit.\n\t(8)\tThe Minister must make an application under subsection (7)—\n\t(a)\tif, to the extent that may be relevant to the grounds on which the order was registered, the requirements of the order have been satisfied; and\n\t(b)\tif the Minister takes action under this Division to carry out the requirements of the order—on payment to the Minister of the amount recoverable by the Minister under this Division in relation to the action so taken.\n17—Action by Minister on non‑compliance with housing assessment order, housing improvement order or housing demolition order\n\t(1)\tIf the requirements of a housing assessment order, housing improvement order or housing demolition order are not complied with, the Minister may take any action required by the order.\n\t(2)\tAny action to be taken by the Minister under subsection (1) may be taken on the Minister's behalf by an authorised officer or another person authorised by the Minister for the purpose.\n\t(3)\tIf a person other than an authorised officer is authorised to take action under subsection (2), the following provisions apply:\n\t(a)\tthe Minister must issue the person with an instrument of authority;\n\t(b)\tthe person may exercise such powers of an authorised officer as are reasonably required for the purpose of taking action under that subsection;\n\t(c)\tthe provisions of this Act apply in relation to the exercise of such powers by the person in the same way as in relation to an authorised officer;\n\t(d)\tthe person must produce the instrument of authority for the inspection of any person in relation to whom the person intends to exercise powers of an authorised officer.\n18—Recovery of costs and expenses incurred by Minister\n\t(1)\tIf action has been taken in relation to residential premises by the Minister either on non‑compliance with the requirements of a housing assessment order, housing improvement order or housing demolition order or in pursuance of such an order, the Minister may recover, in accordance with this section, the reasonable costs and expenses incurred by the Minister in taking that action as a debt from the person to whom the order was issued.\n\t(2)\tIf—\n\t(a)\ta housing assessment order, housing improvement order or housing demolition order has been registered in relation to land under section 16; or\n\t(b)\tthe registration of a housing assessment order, housing improvement order or housing demolition order in relation to land has been cancelled under that section,\nthe Minister may recover, in accordance with this section, an amount prescribed by regulation in respect of the registration or cancellation (as the case may be) as a debt from the owner of the residential premises at the time of registration or cancellation.\n\t(3)\tIf an amount is recoverable from an owner by the Minister under this section, the following provisions apply:\n\t(a)\tthe Minister may, by notice in writing to the owner, fix a period, being not less than 28 days from the date of the notice, within which the amount must be paid by the owner, and, if the amount is not paid by the owner within that period, the owner is liable to pay interest charged at the prescribed rate per annum on the amount unpaid;\n\t(b)\tif the relevant order is registered under section 16, the unpaid amount together with any interest charge payable under paragraph (a) is, until paid, a charge in favour of the Minister on the land owned in relation to which the order is registered;\n\t(c)\tif the premises to which the relevant order applies are occupied under a residential tenancy agreement, the unpaid amount together with any interest charge payable under paragraph (a) may be recovered in the form of rent as follows:\n\t(i)\tthe Minister may recover the amount by giving notice in the prescribed form to the tenant requiring the tenant to pay rent to the Minister, for a specified period or until the debt has been satisfied;\n\t(ii)\tif the tenant fails to pay rent to the Minister in accordance with the requirements of the notice, the Minister may, in respect of any amount in arrears, exercise all remedies that would otherwise be enforceable by a landlord against a tenant for recovery of rent in arrears;\n\t(iii)\tthe Minister may, by further notice in writing to the tenant vary or revoke a notice given under subparagraph (i);\n\t(iv)\tthe Minister must give notice in writing to the landlord of any action taken by the Minister under this subsection.\n\t(4)\tA landlord who is given notice under subsection (3)(c)(iv) must ensure that any rent received by or on behalf of the landlord in respect of the premises is forwarded to the Minister within 14 days.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(5)\tAny amount recovered under subsection (3)(c) will be set‑off against the debt applying under subsection (1).\n\t(6)\tA charge imposed on land by this section has priority over—\n\t(a)\tany prior charge imposed on the land (whether or not registered) that operates in favour of a person who is an associate of the owner of the land; and\n\t(b)\tany other charge on the land other than a charge registered prior to the registration of the housing assessment order, housing improvement order or housing demolition order in relation to the land.\n\t(7)\tIf any default is made in payment of an amount that is, by virtue of this section, a charge on land in favour of the Minister, the Minister has the same powers in respect of the land charged as are given by the Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in payment of money secured by the mortgage.\n19—Action, and recovery of costs and expenses, by registered mortgagee or encumbrancee or by tenant\n\t(1)\tIf the requirements of a housing assessment order, housing improvement order or housing demolition order are not complied with, any tenant or registered mortgagee or encumbrancee of the premises to which the order applies may take such action required by the order as may be authorised by the Minister.\n\t(2)\tAn authorisation of the Minister under subsection (1)—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be subject to conditions; and\n\t(c)\tmay be varied or revoked by the Minister at any time.\n\t(3)\tIf action has been taken by a tenant under subsection (1), the reasonable costs and expenses incurred by the tenant in taking that action—\n\t(a)\tare recoverable by the tenant as a debt from the person to whom the housing assessment order, housing improvement order or housing demolition order was issued; and\n\t(b)\tmay be deducted by the tenant from any rent payable in respect of the premises,\ndespite any covenant or agreement to the contrary.\n\t(4)\tIf action has been taken by a registered mortgagee or encumbrancee under subsection (1), the reasonable costs and expenses incurred by the registered mortgagee or encumbrancee in taking that action, are—\n\t(a)\trecoverable as a debt from the person to whom the housing assessment order, housing improvement order or housing demolition order was issued; and\n\t(b)\tin the case of action taken by a registered mortgagee on notice in writing given to the mortgagor—taken, on notice in writing given to the mortgagor, to be added to the principal sum owing under the mortgage, and until repaid, subject to interest at the same rate and payable at the same times as the balance of the amount owing under the mortgage,\ndespite any covenant or agreement to the contrary or the provisions of the Real Property Act 1886.\n20—Owner of residential premises may seek reimbursement of costs and expenses from other owners\nThe Tribunal may, on application by an owner of residential premises who has been issued with a housing assessment order, housing improvement order or housing demolition order and who has incurred costs and expenses in carrying out the requirements of the order or reimbursing the Minister for action taken in pursuance of the order, make an order for payment of the whole or a portion of the costs and expenses, as the Tribunal considers appropriate, against one or more other owners of the premises.\n21—Interaction of this Division with Real Property Act 1886\n\t(1)\tThe provisions of this Division relating to registration by the Registrar‑General and the priority of charges apply despite the provisions of the Real Property Act 1886.\n\t(2)\tWithout limiting subsection (1), despite the provisions of the Real Property Act 1886, a charge imposed on land under this Division is not discharged by the exercise of a power of sale or foreclosure under that Act and is not discharged by the exercise of a power of sale under any other Act.\nDivision 2—Notice to vacate\n22—Notice to vacate\n\t(1)\tIf a housing improvement order or housing demolition order issued in respect of residential premises imposes a requirement for the premises to be vacated, the Minister must issue a notice to the occupiers of the premises to vacate the premises (a notice to vacate).\n\t(2)\tA notice to vacate must—\n\t(a)\tbe in the form of a written notice served on the occupiers of the premises; and\n\t(b)\tspecify the premises; and\n\t(c)\tstate the reasons for issuing the notice; and\n\t(d)\trequire the occupiers to vacate the premises by a specified date (allowing as much time as the circumstances will safely permit); and\n\t(e)\tif the premises are occupied under a residential tenancy agreement, state that, by force of the notice—\n\t(i)\tthe tenancy will be terminated on the specified date; and\n\t(ii)\tthe tenant must give up possession of the premises on or before that date; and\n\t(iii)\tthe landlord is authorised to take possession of the premises on that date; and\n\t(f)\tstate that the persons to whom the notice is issued may, within 28 days, apply to the Tribunal for a review of the notice.\n\t(3)\tThe Minister may vary or revoke a notice under this section by subsequent written notice.\n\t(4)\tA person to whom a notice to vacate has been issued—\n\t(a)\tmust comply with the notice; and\n\t(b)\tmust not let or sublet the premises to which it applies, or cause the premises to be let or sublet.\nMaximum penalty: $2 500.\n23—Power of Tribunal to make order for ejectment or compensation\n\t(1)\tIf 1 or more occupiers of premises in respect of which a notice to vacate has been issued have not given up possession of the premises by the date specified in the notice, the Tribunal may, on application by the owner of the premises or the Minister, make an order for the ejectment of the occupier or occupiers.\n\t(2)\tIf premises in respect of which a notice to vacate has been issued have been occupied under a residential tenancy agreement, the Tribunal may, on application by the tenant, if the Tribunal considers it appropriate to do so in the circumstances, make an order requiring the landlord to compensate the tenant for loss and inconvenience resulting, or likely to result, from the early termination of the tenancy under this Division (including, but not limited to, the reasonable costs incurred by the tenant in relocating to other premises).\n24—Enforcement of ejectment order\n\t(1)\tIf an order for ejectment is made by the Tribunal under section 23(1) and the person in whose favour the order was made advises the Tribunal, within 14 days of the day on which the order takes effect or such longer period as the Tribunal may allow, that the order has not been complied with—\n\t(a)\tthe order is enforceable by a bailiff (and, subject to subsection (3), only by such a bailiff); and\n\t(b)\tthe bailiff must enforce the order as soon as is practicable after the Tribunal is advised that it has not been complied with.\n\t(2)\tA bailiff enforcing an order for ejectment in relation to premises may enter the premises, ask questions and take all steps as are reasonably necessary for the purpose of enforcing the order.\n\t(3)\tA police officer must, if requested by a bailiff, assist the bailiff in enforcing an order for possession.\n\t(4)\tIn the exercise of the powers conferred by this section, a bailiff may use the force that is reasonable and necessary in the circumstances.\n\t(5)\tA person must not hinder or obstruct a bailiff in the exercise of the powers conferred by this section.\nMaximum penalty: $1 250.\n\t(6)\tA person questioned pursuant to this section must not refuse or fail to answer the question to the best of his or her knowledge, information and belief.\nMaximum penalty: $1 250.\n\t(7)\tHowever, a person is not obliged to answer a question under this section if to do so might tend to incriminate the person or to make the person liable to a penalty, or would require the disclosure of information that is privileged under the principles of legal professional privilege.\n\t(8)\tIn this section—\nbailiff means a bailiff appointed under the South Australian Civil and Administrative Tribunal Act 2013.\nDivision 3—Rent control notices\n25—Rent control notices\n\t(1)\tThe Minister may, if a housing improvement order has been issued in respect of residential premises, by notice in the Gazette, declare the premises to be subject to rent control (a rent control notice).\n\t(2)\tBefore making a notice under subsection (1), the Minister must give the owner of the residential premises a preliminary notice (a preliminary rent control notice)—\n\t(a)\tstating the intention of the Minister to make the rent control notice; and\n\t(b)\tspecifying the premises to which the rent control notice is intended to apply; and\n\t(c)\tstating the maximum rent proposed for the premises as fixed by the Minister after taking into account—\n\t(i)\tthe condition of the premises; and\n\t(ii)\tthe capital value of the premises as determined under the Valuation of Land Act 1971; and\n\t(iii)\tto the extent that the Minister may reasonably be able to determine, the market rent for residential premises of that kind in the same or similar localities; and\n\t(iv)\tany other factors prescribed by regulation or considered relevant by the Minister; and\n\t(d)\tinviting the person to show, within a specified time not exceeding 14 days why a rent control notice should not be made (by making representations to the Minister).\n\t(3)\tA notice under subsection (2) may state varying amounts as the proposed maximum rent for the premises according to—\n\t(a)\twhether the rent applies in relation to the premises as a whole or in part; or\n\t(b)\twhether the premises are furnished or unfurnished.\n\t(4)\tAfter considering any representations made within the time specified under subsection (2)(d), the Minister may—\n\t(a)\tproceed with making the rent control notice—\n\t(i)\tin accordance with the terms of the preliminary rent control notice; or\n\t(ii)\twith modifications from the terms of the preliminary rent control notice; or\n\t(b)\tdetermine not to proceed with the rent control notice.\n\t(5)\tThe Minister may, on application by the owner of premises to which a rent control notice applies or on the Minister's own initiative, by subsequent notice in the Gazette, vary or revoke the rent control notice if satisfied that it is just or reasonable to do so.\n\t(6)\tA rent control notice—\n\t(a)\tcomes into operation on the day on which it is made or such later date as may be specified in the notice; and\n\t(b)\tremains in force according to the terms of the notice—\n\t(i)\tfor a period specified in the notice; or\n\t(ii)\tuntil revoked by the Minister,\n(despite any change in ownership or occupancy of the residential premises).\n26—Offence to charge more than maximum rent under rent control notice\nIf a rent control notice applies to residential premises, a person must not charge, demand or receive rent in respect of the premises that is more than the maximum rent fixed under the notice.\nMaximum penalty: $2 500.\nExpiation fee: $210.\nDivision 4—Special provisions relating to prescribed residential tenancy agreements\n27—Landlord must give notice of intention to carry out inspections or works under housing assessment order or housing improvement order\n\t(1)\tA landlord under a prescribed residential tenancy agreement in respect of residential premises to which a housing assessment order or housing improvement order applies must comply with the following requirements:\n\t(a)\tthe landlord may enter the premises to inspect the premises in connection with the order, but only in accordance with a written notice given to the tenant no less than 7 and no more than 14 days before the day of entry—\n\t(i)\tstating the purpose of the proposed entry and the date of the proposed entry; and\n\t(ii)\tspecifying a period of up to 2 hours (which must be between 8 am and 8 pm on any day other than a Sunday or public holiday) within which the proposed entry will occur,\n(however, if the premises are in a remote location or it is necessary for the landlord to be accompanied by a person for the purposes of the inspection, the notice need not specify a 2 hour period within which the proposed entry is to occur, but the entry must occur between 8 am and 8 pm on any day other than a Sunday or public holiday);\n\t(b)\tthe landlord may enter the premises to carry out works required by the order but only at a time between 8 am and 8 pm on any day other than a Sunday or public holiday of which the tenant has been given at least 48 hours notice.\n\t(2)\tSubsection (1) does not apply if the inspection or works are required to be carried out in an emergency.\n28—Landlord must keep and provide record of rent if rent control notice applies\nA landlord who receives rent under a prescribed residential tenancy agreement in respect of residential premises to which a rent control notice applies must comply with the following requirements:\n\t(a)\tthe landlord must keep a record of the following details for the rent:\n\t(i)\tthe date on which the rent was received;\n\t(ii)\tthe name of the person paying the rent;\n\t(iii)\tthe amount paid;\n\t(iv)\tthe period of the tenancy to which the rent relates;\n\t(v)\tthe address of the premises to which the rent relates;\n\t(b)\tthe landlord must keep the record for a period of 2 years from the date of the receipt of the rent;\n\t(c)\tif the rent was paid other than into an ADI account, the landlord must, within 48 hours after receiving the rent, give the tenant a copy of the details referred to in paragraph (a) in respect of the rent;\n\t(d)\tif the rent was paid into an ADI account, the landlord is only required to provide the tenant with a copy of the details referred to in paragraph (a) in respect of the rent if the tenant makes a written request for it, in which case the landlord must give the tenant such a copy in respect of the period specified in the request within 7 days of the making of the request.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n29—Termination of prescribed residential tenancy agreement by tenant\n\t(1)\tThe tenant under a prescribed residential tenancy agreement in respect of residential premises to which an order or notice under this Part applies, may, by notice of termination given to the landlord, terminate the tenancy without specifying a ground of termination.\n\t(2)\tThe minimum period of notice under this section is 7 days.\n30—Termination or variation of prescribed residential tenancy agreement by landlord\n\t(1)\tIf a landlord gives a tenant a notice of termination, or a notice of variation of a prescribed kind, of a prescribed residential tenancy agreement in respect of residential premises—\n\t(a)\tthat have, within the preceding 6 months, been the subject of an inspection by an authorised officer under section 11; or\n\t(b)\tto which an order or notice under this Part applies (other than a notice to vacate),\nthe notice will be ineffectual unless it is given in the prescribed manner and form on 1 or more grounds prescribed by regulation for the purposes of this subsection and the Tribunal has confirmed the notice in accordance with subsection (2).\n\t(2)\tThe Tribunal may, on application by a landlord who gives, or a tenant who receives, a notice referred to in subsection (1)—\n\t(a)\tif the Tribunal is satisfied of the genuineness of the landlord's grounds for the giving of the notice, do 1 or both of the following:\n\t(i)\tconfirm the notice;\n\t(ii)\tmake an order—\n\t(A)\tin the case of a notice of termination—for termination of the residential tenancy agreement and for possession of the residential premises; or\n\t(B)\tin the case of a notice of variation—for variation of the residential tenancy agreement; and\n\t(b)\tif the Tribunal is not satisfied of the genuineness of the landlord's grounds for the giving of the notice, do 1 or both of the following:\n\t(i)\tset aside the notice;\n\t(ii)\tmake an order reinstating the residential tenancy on such conditions (if any) as the Tribunal considers appropriate.\n\t(3)\tThe Tribunal may, if it considers it appropriate to do so in the circumstances of the case, make an order compensating the tenant for loss or inconvenience resulting, or likely to result, from the termination or variation of the tenancy under this section (including, but not limited to, the reasonable costs incurred by the tenant in relocating to other premises).\n\t(4)\tA landlord who recovers possession of premises under this section must not, without the consent of the Tribunal, grant a fresh tenancy over the premises within 6 months after recovering possession.\nMaximum penalty: $1 250.\n\t(5)\tIn this section—\nvariation of a prescribed kind, in relation to a prescribed residential tenancy agreement, means a variation that has the effect of—\n\t(a)\tremoving property or rights ordinarily enjoyed by the tenant in connection with the premises; or\n\t(b)\tmaking such property or rights subject to a new or additional charge or other consideration.\nDivision 5—Obligation to publicise orders and notices\n31—Orders and notices under this Part to be displayed on premises\nThe owner of residential premises to which an order or notice under this Part (other than a preliminary rent control notice) applies must ensure that a copy of the order or notice showing the terms of each order or notice is displayed in legible form in a prominent position at the premises as directed by the Minister.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n32—Orders and notices under this Part to be declared in advertisements for sale or lease of land and in lease agreement\n\t(1)\tIf residential premises to which an order or notice under this Part (other than a preliminary rent control notice) applies are offered for sale, the vendor must ensure that each advertisement published or caused to be published by the vendor in relation to the sale includes a statement that such order or notice applies to the premises.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(2)\tIf residential premises to which an order or notice under this Part (other than a preliminary rent control notice) applies are offered for lease, the lessor must ensure that—\n\t(a)\teach advertisement published or caused to be published by the lessor for the lease, and the lease agreement, includes a statement that such order or notice applies to the premises; and\n\t(b)\tif a rent control notice applies to the premises—any oral or written representation made to a lessee about the amount of rent payable for the premises includes a statement that the rent payable is the amount fixed under the rent control notice.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(3)\tA statement required to be made under subsection (1) or (2) in an advertisement or document must be in legible form and appear in a reasonably prominent position in the advertisement or document.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(4)\tIf a person fails to comply with subsection (2), the lessee may rescind the lease by giving notice to the person in the prescribed manner and form of the lessee's intention not to be bound by the lease.\n\t(5)\tIn this section—\nlessee, in relation to premises, includes a prospective lessee and a person authorised to act on behalf of a lessee or prospective lessee in the lease of the premises;\nlessor, in relation to premises, includes a prospective lessor and a person authorised to act on behalf of a lessor or prospective lessor in the lease of the premises;\nvendor, in relation to premises, includes a prospective vendor and a person authorised to act on behalf of a vendor or prospective vendor in the sale of the premises.\nDivision 6—Review by Tribunal\n33—Review by Tribunal\n\t(1)\tApplication for review may be made to the Tribunal as follows:\n\t(a)\ta person who has been issued with a housing assessment order, a housing improvement order, a housing demolition order or a notice to vacate may apply for a review by the Tribunal of the order or notice, or a variation of the order or notice, under section 34 of the South Australian Civil and Administrative Tribunal Act 2013;\n\t(b)\tthe owner of premises in respect of which a rent control notice has been made may apply for a review by the Tribunal of the notice, or a variation of the notice, under section 34 of the South Australian Civil and Administrative Tribunal Act 2013.\n\t(2)\tThe application must be made within 28 days after the order or notice is issued or made or any variation of the order or notice is made (unless the Tribunal allows an extension of time).\nPart 4—General duty\n34—General duty\n\t(1)\tThe owner of residential premises must take reasonable steps to ensure that the premises are safe and suitable for human habitation.\n\t(2)\tWithout limiting subsection (1), in the case of residential premises that are occupied under a residential tenancy agreement—\n\t(a)\tthe landlord must take reasonable steps to ensure that the premises are, and remain, safe and suitable for human habitation; and\n\t(b)\tthe tenant must take reasonable steps—\n\t(i)\tto comply with any action taken by the landlord to ensure that the premises are safe and suitable for human habitation; and\n\t(ii)\tto ensure that the premises are maintained in a reasonable state for the purposes of human habitation.\n\t(3)\tIn determining what is reasonable for the purposes of subsections (1) and (2)(a), regard must be had, amongst other things, to—\n\t(a)\tthe prescribed minimum housing standards; and\n\t(b)\ta relevant code of practice prescribed or approved under the regulations; and\n\t(c)\tthe potential impact on occupiers of the premises of a failure to comply with the duty; and\n\t(d)\tany matter prescribed by regulation.\n\t(4)\tA person will be taken not to be in breach of this section if the person is acting in circumstances prescribed by regulation.\n\t(5)\tSubject to subsections (6) and (7), a person who breaches this section is not, on account of the breach alone, liable to any civil or criminal action.\n\t(6)\tIf an owner breaches subsection (1), compliance with the provision may be enforced by the issuing of a housing assessment order, housing improvement order or housing demolition order.\n\t(7)\tSubsection (5) does not limit or derogate from any other provision of this Act.\nPart 5—South Australian Civil and Administrative Tribunal\n35—Jurisdiction of Tribunal\n\t(1)\tThe Tribunal has jurisdiction to deal with a housing improvement tenancy dispute.\n\t(2)\tHowever, the Tribunal does not have jurisdiction to deal with a monetary claim under this Act if the amount claimed exceeds $40 000 unless the parties to the proceedings consent in writing to the claim being dealt with by the Tribunal (and if consent is given, it is irrevocable).\n\t(3)\tIf a monetary claim under this Act is above the Tribunal's jurisdictional limit, the claim and any other claims related to the same residential tenancy agreement may be brought in a court competent to hear and determine a claim founded on contract for the amount of the claim.\n\t(4)\tA court in which proceedings are brought under subsection (3) may exercise the powers of the Tribunal under this Act and, to such extent as may be necessary and appropriate, the powers of the Tribunal under the South Australian Civil and Administrative Tribunal Act 2013.\n36—Intervention by Minister\n\t(1)\tThe Minister may intervene in proceedings before the Tribunal or a court concerning a housing improvement tenancy dispute.\n\t(2)\tIf the Minister intervenes in proceedings, he or she becomes a party to the proceedings and has all the rights (including rights of appeal) of a party to the proceedings.\n37—Amendment of proceedings\nThe Tribunal may amend proceedings if satisfied that the amendment will contribute to the expeditious and just resolution of the questions in issue between the parties.\n38—General powers of Tribunal to resolve housing improvement tenancy disputes\n\t(1)\tThe Tribunal may, on application by a party to a housing improvement tenancy dispute—\n\t(a)\trestrain an action in breach of this Act; or\n\t(b)\trequire a person to comply with an obligation under this Act; or\n\t(c)\torder a person to make a payment (which may include compensation) under this Act for a breach of this Act; or\n\t(d)\tmodify a residential tenancy agreement to enable the tenant to recover compensation payable to the tenant by way of a reduction in the rent otherwise payable under the agreement; or\n\t(e)\trelieve a party to a residential tenancy agreement from the obligation to comply with a provision of the agreement; or\n\t(f)\tterminate a residential tenancy agreement or declare that a residential tenancy agreement has, or has not, terminated; or\n\t(g)\treinstate rights under a residential tenancy agreement that have been forfeited or have otherwise terminated; or\n\t(h)\trequire payment of rent into the Fund until conditions stipulated by the Tribunal have been complied with; or\n\t(i)\trequire that rent so paid into the Fund be paid out and applied as directed by the Tribunal; or\n\t(j)\trequire a tenant to give up possession of residential premises to the landlord; or\n\t(k)\tmake orders to give effect to rights and liabilities arising from the assignment of a residential tenancy agreement; or\n\t(l)\texercise any other power conferred on the Tribunal under this Act; or\n\t(m)\tdo anything else necessary or desirable to resolve a housing improvement tenancy dispute.\n\t(2)\tThe Tribunal does not have jurisdiction to award compensation for damages arising from personal injury.\n39—Restraining orders\n\t(1)\tThe Tribunal may, on application by the owner or occupier of residential premises, if satisfied—\n\t(a)\tthat a person who, following—\n\t(i)\tthe issuing of an order or notice under Part 3 in relation to the premises; or\n\t(ii)\tthe making of a decision by the Tribunal in relation to the premises,\nis causing or may cause serious damage to property; or\n\t(b)\tthat a person is failing to comply with the general duty under Part 4 in relation to the premises in any material respect,\nmay make an order (a restraining order) restraining the person on the premises from engaging in conduct of a kind described in the order.\n\t(2)\tAn application for a restraining order may be made without notice to the person against whom the order is sought but, if the order is made without giving the person a reasonable opportunity to respond to the allegations against him or her, the Tribunal must allow him or her a reasonable opportunity to satisfy it that the order should not continue in operation.\n40—Special powers to make orders\n\t(1)\tThe Tribunal may in proceedings under this Act make an order in the nature of—\n\t(a)\tan injunction (including an interim injunction); or\n\t(b)\tan order for specific performance.\n\t(2)\tHowever, a member of the Tribunal who is not a legally qualified member (within the meaning of the South Australian Civil and Administrative Tribunal Act 2013) cannot make an order under subsection (1) without the approval of the President or a Deputy President of the Tribunal.\n\t(3)\tThe Tribunal may, in the exercise of its jurisdiction under this Act, make ancillary or incidental orders.\n42—Reasons for decisions\nThe Tribunal must, if requested by a person affected by a decision of the Tribunal, where written reasons have not been given, state in writing the reasons for the Tribunal's decision.\n43—Time for application for review or instituting appeal\nFurthermore, if the reasons for a decision of the Tribunal have not been given in writing and—\n\t(a)\tan applicant for review of the decision of the Tribunal under section 70 of the South Australian Civil and Administrative Tribunal Act 2013; or\n\t(b)\ta person appealing against a decision of the Tribunal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013,\nrequests the Tribunal within 1 month of the making of the decision to state the reasons in writing, the time for making the application for review or instituting the appeal (as the case may be) runs from the time when the person receives the written statement of reasons.\n44—Representation in proceedings before Tribunal\n\t(1)\tA party to a housing improvement dispute may only be represented in proceedings before the Tribunal (including a conference or mediation under sections 50 and 51 respectively of the South Australian Civil and Administrative Tribunal Act 2013) in accordance with this section.\n\t(2)\tA party may be represented by a lawyer if—\n\t(a)\tall parties to the proceedings agree to the representation and the Tribunal is satisfied that it will not unfairly disadvantage a party who does not have a professional representative; or\n\t(b)\tthe Tribunal is satisfied that the party is unable to present the party's case properly without assistance; or\n\t(c)\tanother party to the dispute is a lawyer, or is represented by a professional representative; or\n\t(d)\tthe Minister has intervened in, or is a party to, the proceedings.\n\t(3)\tA party may be represented by a person who is not a lawyer if—\n\t(a)\tthe party is a body corporate and the representative is an officer or employee of the body corporate; or\n\t(b)\tthe party is a landlord and the representative is an agent, or an officer or employee of an agent, appointed by the landlord to manage the premises on the landlord's behalf; or\n\t(c)\tall parties to the proceedings agree to the representation and the Tribunal is satisfied that it will not unfairly disadvantage an unrepresented party; or\n\t(d)\tthe Tribunal is satisfied that the party is unable to present the party's case properly without assistance.\n\t(4)\tIn this section—\nprofessional representative means a lawyer, a law clerk, or a person who holds or has held legal qualifications under the law of the State or another place.\n45—Remuneration of representative\nA person must not ask for or receive a fee for representing a party to a housing improvement tenancy dispute in proceedings before the Tribunal (including a conference or mediation under sections 50 and 51 respectively of the South Australian Civil and Administrative Tribunal Act 2013) unless—\n\t(a)\tthe representative is a lawyer or a law clerk employed by a lawyer; or\n\t(b)\tthe representative is an officer or employee of a body corporate who represented the body corporate in the proceedings; or\n\t(c)\tthe representative is an agent, or an officer or employee of an agent, who represented a landlord in the proceedings whose premises the agent had been appointed to manage on behalf of the landlord.\nMaximum penalty: $7 500.\nPart 6—Register\n46—Register\n\t(1)\tThe Minister must keep a register in accordance with this section.\n\t(2)\tThe register is to be in a form determined by the Minister.\n\t(3)\tThe Minister must record in the register—\n\t(a)\tthe address of each residential premises to which an order or notice under Part 3 applies; and\n\t(b)\tin the case of residential premises to which a rent control notice applies—the maximum rent fixed for the premises; and\n\t(c)\tsuch other information as is prescribed by regulation.\n\t(4)\tThe register must be kept available for inspection, without fee, by members of the public—\n\t(a)\tduring ordinary office hours at a public office, or public offices, determined by the Minister; and\n\t(b)\ton a website determined by the Minister.\n\t(5)\tThe Minister may, in his or her absolute discretion, exclude particular details in the register from inspection by members of the public.\n\t(6)\tA member of the public may, on payment of the fee fixed by regulation, obtain a copy of any part of a register.\nPart 7—Miscellaneous\n47—Contract to avoid Act\n\t(1)\tAn agreement or arrangement that is inconsistent with this Act or purports to exclude, modify or restrict the operation of this Act, is (unless the inconsistency, exclusion, modification or restriction is expressly permitted under this Act) to that extent void.\n\t(2)\tA purported waiver of a right under this Act is void.\n\t(3)\tA person who enters into an agreement or arrangement to defeat, evade or prevent the operation of this Act (directly or indirectly) is guilty of an offence.\nMaximum penalty: $5 000.\n48—Protection from liability\n\t(1)\tNo civil or criminal liability will attach to an authorised officer or other person engaged in the administration of this Act for an act or omission in good faith—\n\t(a)\tin the exercise or discharge, or purported exercise or discharge, of a power, function or duty under this Act; or\n\t(b)\tin the carrying out of any direction or requirement given or imposed in accordance with this Act.\n\t(2)\tA liability that would, but for subsection (1), lie against a person lies instead against the Crown.\n49—Offences by bodies corporate\n\t(1)\tIf a body corporate is guilty of an offence against this Act, each director and the manager of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the director or the manager (as the case may be) proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(2)\tA person referred to in this section may be prosecuted and convicted of an offence against this section whether or not the body corporate has been prosecuted or convicted of the principal offence committed by the body corporate.\n50—Tribunal may exempt agreement or premises from provision of Act\n\t(1)\tThe Tribunal may, on application by an interested person, if the Tribunal considers it necessary or desirable in the circumstances, order that a provision of this Act will not apply in relation to a prescribed residential tenancy agreement or prospective prescribed residential tenancy agreement or to particular residential premises occupied under a prescribed residential tenancy agreement, or will apply in a modified manner (and the order will have effect accordingly).\n\t(2)\tAn order may be made on conditions that the Tribunal considers appropriate.\n\t(3)\tA person must not contravene a condition of an order.\nMaximum penalty: $1 250.\n51—Service\n\t(1)\tAn order, notice or other document required or authorised to be given to a person under this Act may—\n\t(a)\tin the case of a tenant, subtenant or occupier of residential premises, be given to the person—\n\t(i)\tpersonally; or\n\t(ii)\tby leaving it for the person at the premises with someone apparently over the age of 18 years; or\n\t(iii)\tby posting it to the person at the premises; or\n\t(iv)\tby transmitting it to the person by fax or email to a fax number or email address provided by the person for the purposes of service under this Act (in which case the notice or document will be taken to have been given or served at the time of transmission); or\n\t(v)\tby fixing it on a conspicuous part of the premises; or\n\t(vi)\tby giving it in some other manner permitted by the Tribunal;\n\t(b)\tin any other case, be given to the person, or an agent of the person—\n\t(i)\tpersonally; or\n\t(ii)\tby leaving it for the person, or agent of the person, at the person's or agent's place of residence, employment or business with someone apparently over the age of 18 years; or\n\t(iii)\tby posting it to the person, or agent of the person, at the person's or agent's last known place of residence, employment or business; or\n\t(iv)\tby transmitting it to the person, or agent of the person, by fax or email to a fax number or email address provided by the person or agent for the purposes of service under this Act (in which case the notice or document will be taken to have been given or served at the time of transmission).\n\t(2)\tIf 2 or more persons are owners, occupiers, landlords, tenants or subtenants of residential premises, an order, notice or other document is duly given if given to any one of those persons, provided that reasonable attempts have been made to locate, and effect service on, each of the other relevant persons.\n\t(3)\tAn order, notice or other document required or authorised to be given to an occupier or subtenant under this Act need not address the occupier or subtenant by name.\n52—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished, or record kept, under this Act.\nMaximum penalty: $10 000.\n53—Continuing offences\n\t(1)\tIf an offence against a provision of this Act is committed by a person by reason of a continuing act or omission—\n\t(a)\tthe person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one‑fifth of the maximum penalty prescribed for that offence; and\n\t(b)\tif the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction of not more than an amount equal to one‑fifth of the maximum penalty prescribed for that offence.\n\t(2)\tFor the purposes of this section, an obligation to do something is to be regarded as continuing until the act is done regardless of whether any period within which, or time before which, the act is required to be done has expired or passed.\n54—Commencement of proceedings for summary offences\n\t(1)\tProceedings for an offence against this Act may only be commenced by—\n\t(a)\tthe Minister; or\n\t(b)\tan authorised officer.\n\t(2)\tProceedings for an offence against this Act may be commenced at any time within 3 years after the date of the alleged commission of the offence or, with the authorisation of the Attorney‑General, at any later time after the date of the alleged commission of the offence.\n\t(3)\tAn apparently genuine document purporting to be signed by the Attorney‑General authorising the commencement of proceedings under this Act must be accepted in legal proceedings, in the absence of proof to the contrary, as proof of the authorisation.\n55—Orders in respect of contraventions\n\t(1)\tIf, in proceedings for an offence under this Act, the court finds that the defendant contravened this Act and the contravention has resulted in injury or loss to a person, or damage to property of the person, the court may, in addition to any penalty it may impose, do one or more of the following:\n\t(a)\torder the defendant to take specified action to prevent further injury or loss to the person, or damage to property of the person;\n\t(b)\torder the defendant to pay—\n\t(i)\tto any public authority that has incurred costs or expenses in taking action to prevent the injury, loss or damage; and\n\t(ii)\tto any person who has suffered injury or loss, or damage to property, as a result of the contravention, or incurred costs or expenses in taking action to prevent such injury, loss or damage,\nthe reasonable costs and expenses so incurred, or compensation for the injury, loss or damage suffered, as the case may be, in such amount as is determined by the court.\n\t(2)\tIf a person is found by a court to have contravened this Act, the court may, in addition to any penalty it may impose, order the person to pay to the Minister an amount not exceeding the court's estimation of the amount of the economic benefit acquired by the person, or accrued or accruing to the person, as a result of the contravention.\n\t(3)\tFor the purposes of subsection (2), an economic benefit obtained by delaying or avoiding costs will be taken to be an economic benefit acquired as a result of a contravention if the contravention can be attributed (in whole or in part) to that delay or avoidance.\n\t(4)\tThe court may, by an order under this section, fix a period for compliance and impose any other requirements the court considers necessary or expedient for enforcement of the order.\n\t(5)\tAn amount paid to the Minister in accordance with an order under subsection (2) must be paid into the consolidated account.\n\t(6)\tIn this section—\npublic authority includes a Minister, statutory authority or council.\n56—Recovery from related bodies corporate\nIf—\n\t(a)\tan amount is payable by a body corporate pursuant to this Act or an order of a court made under this Act; and\n\t(b)\tat the time of the contravention giving rise to that liability, that body and another body were related bodies corporate,\nthe related bodies corporate are jointly and severally liable to make the payment.\n57—Joint and several liability\nWhere an amount is recoverable by the Minister from 2 or more persons under a provision of this Act, the provision is to be construed as if those persons were jointly and severally liable to pay the amount to the Minister.\n58—Evidentiary provisions\n\t(1)\tIn any proceedings, a certificate executed by the Minister certifying as to a matter relating to—\n\t(a)\tthe appointment or non‑appointment of a person as an authorised officer under this Act; or\n\t(b)\ta delegation or authority under this Act; or\n\t(c)\tan order, notice, requirement or direction of the Minister under this Act; or\n\t(d)\tany other decision of the Minister; or\n\t(e)\tthe receipt or non‑receipt by the Minister of a notification or information required to be given or furnished to the Minister under this Act,\nconstitutes proof, in the absence of proof to the contrary, of the matters so certified.\n\t(2)\tIn any proceedings for the recovery of reasonable costs and expenses incurred by the Minister or a person or body authorised by the Minister to take action under this Act, a certificate executed by the Minister detailing the costs and expenses and the purpose for which they were incurred constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n\t(3)\tAn apparently genuine document purporting to be an order, notice, authorisation, certificate or other document, or a copy of an order, notice, authorisation, certificate or other document, issued or executed—\n\t(a)\tby the Minister or an authorised officer under this Act; or\n\t(b)\ta person or body authorised by the Minister for the purpose of recovering costs and expenses incurred by the person or body under this Act,\nwill be accepted as such in the absence of proof to the contrary.\n59—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), those regulations may—\n\t(a)\tprescribe fees and expenses in connection with any matter arising under this Act, which may be of varying amounts according to factors prescribed by regulation; and\n\t(b)\tprovide for the payment and recovery of prescribed fees and expenses; and\n\t(c)\tempower or require the Minister to refund, reduce or remit any fee payable under this Act; and\n\t(d)\texempt, either unconditionally or subject to conditions—\n\t(i)\ta class of persons; or\n\t(ii)\tan entity; or\n\t(iii)\tcircumstances; or\n\t(iv)\ta part of the State,\nfrom this Act or specified provisions of this Act; and\n\t(e)\tprescribe penalties, not exceeding $5 000, for breach of any regulation; and\n\t(f)\tfix expiation fees, not exceeding $315, for alleged offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or limited application (including so as to apply only to a specified part of the State); and\n\t(b)\tmake different provision according to the persons, things or circumstances to which they are expressed to apply; and\n\t(c)\trefer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed person or body, as in force from time to time or as in force at a specified time; and\n\t(d)\tprovide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister or another prescribed person or body.\n\t(4)\tIf the regulations refer to a code, standard or other document—\n\t(a)\ta copy of the code, standard or document must be kept available for inspection by members of the public, without charge and during normal office hours, at an office or offices specified in the regulations; and\n\t(b)\tin any legal proceedings, evidence of the contents of the code, standard or other document may be given by production of a document purporting to be certified by or on behalf of the Minister as a true copy of the code, standard or other document; and\n\t(c)\tthe code, standard or other document has effect as if it were a regulation made under this Act.\nSchedule 1—Transitional provisions\nPart 5—Transitional provisions\n23—Interpretation\nIn this Part—\nrepealed Act means the Housing Improvement Act 1940.\n24—Declarations by councils that houses unfit for habitation\nA declaration under section 23(1) of the repealed Act that a house is undesirable or unfit for human habitation and in force immediately before the commencement of this clause continues, on that commencement, as if it were a housing improvement order issued under section 14 of this Act in respect of residential premises.\n25—Notice of intention to declare house sub‑standard\n\t(1)\tA notice under section 52(1) of the repealed Act—\n\t(a)\tstating that the housing authority intends to declare a house to be sub‑standard; and\n\t(b)\tin force immediately before the commencement of this clause, \ncontinues, on that commencement, as if it were a housing improvement order issued in respect of residential premises under section 14 of this Act.\n\t(2)\tAny unexpired appeal period under the notice immediately before the commencement of this clause will continue, on that commencement, in relation to the housing improvement order, as if it were the period during which the person to whom it is issued may apply for a review by the Tribunal of the order under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 (despite the fact that the period may exceed 28 days).\n\t(3)\tIn this clause—\nappeal period, in relation to a notice under section 52(1) of the repealed Act, means the period fixed in the notice during which the person served with the notice may submit to the housing authority (within the meaning of that Act) any matters that the person wishes the housing authority to consider before making a declaration under section 52(3) of that Act.\n26—Notice declaring house to be sub‑standard\n\t(1)\tA notice under section 52(3) of the repealed Act—\n\t(a)\tdeclaring a house to be sub‑standard for the purposes of Part 7 of that Act; and\n\t(b)\tin force immediately before the commencement of this clause,\ncontinues, on that commencement, as if it were a housing improvement order issued in respect of residential premises to the owner of the premises under section 14 of this Act.\n\t(2)\tAny unexpired appeal period under the notice immediately before the commencement of this clause will continue, on that commencement, in relation to the housing improvement order, as if it were the period during which the person to whom it is issued may apply for a review by the Tribunal of the order or notice, or a variation of the order or notice, under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 (despite the fact that the period may exceed 28 days).\n\t(3)\tIn this clause—\nappeal period, in relation to a notice under section 52(3) of the repealed Act, means the period (referred to in section 53(1) of the repealed Act) of 1 month from the publication of the notice in the Gazette during which the owner or registered mortgagee of the house may appeal against the declaration in the notice to the Administrative and Disciplinary Division of the District Court.\n27—Notice fixing maximum rental\n\t(1)\tA notice under section 54 of the repealed Act fixing the maximum rental payable in respect of a house and in force immediately before the commencement of this clause continues, on that commencement, as if it were a rent control notice made under this Act in respect of residential premises.\n\t(2)\tA notice that continues as a rent control notice by virtue of subclause (1) is subject to the same terms and conditions as applied under the notice as in force immediately before the commencement of this clause.\n28—Notice fixing maximum rental for partial letting or subletting\n\t(1)\tA notice under section 57 of the repealed Act fixing the maximum rental payable in respect of the letting or subletting of part of a house and in force immediately before the commencement of this clause continues, on that commencement, as if it were a rent control notice made under this Act in respect of residential premises.\n\t(2)\tA notice that continues as a rent control notice by virtue of subclause (1) is subject to the same terms and conditions as applied under the notice as in force immediately before the commencement of this clause.\n29—Notice fixing maximum rental for furniture\n\t(1)\tA notice under section 58 of the repealed Act fixing the maximum rental payable that includes payments for the use of furniture and in force immediately before the commencement of this clause continues, on that commencement, as if it were a rent control notice made under this Act in respect of residential premises.\n\t(2)\tA notice that continues as a rent control notice by virtue of subclause (1) is subject to the same terms and conditions as applied under the notice as in force immediately before the commencement of this clause.\n30—Continuation of action in progress immediately before commencement of this Part\nDespite clauses 25 and 26—\n\t(a)\tif a person has, before the commencement of this Part, submitted matters to the housing authority that the person wishes the housing authority to consider under section 52(2)(b) of the repealed Act, section 52 of the repealed Act continues in operation for the purposes of enabling the housing authority to complete the exercise of its powers under that section; and\n\t(b)\tif a person has instituted an appeal under section 53 of the repealed Act and the appeal has not, immediately before the commencement of this Part, been finally determined or withdrawn, sections 53 and 54 of the repealed Act continue in operation until the appeal has been so determined or withdrawn.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation repealed by principal Act\nThe Housing Improvement Act 2016 repealed the following:\nHousing Improvement Act 1940\nLegislation amended by principal Act\nThe Housing Improvement Act 2016 amended the following:\nResidential Parks Act 2007\nResidential Tenancies Act 1995\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2016\n36\n Housing Improvement Act 2016 \n4.8.2016\n3.4.2017 (Gazette 7.3.2017 p830)\n2017\n13\n Statutes Amendment (Registered Relationships) Act 2017\n26.4.2017\nPt 6 (s 10)—1.8.2017 (Gazette 1.8.2017 p3039)\n2017\n51\n Statutes Amendment (SACAT No 2) Act 2017\n28.11.2017\nPt 23 (s 121)—14.12.2017 (Gazette 12.12.2017 p4960)\n2025\n15\nSouth Australian Civil and Administrative Tribunal (Miscellaneous) Amendment Act 2025\n27.3.2025\nSch 1 (cl 1)—28.4.2025 (Gazette 24.4.2025 p773)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended under Legislation Revision and Publication Act 2002\n1.8.2017\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.8.2017\ns 4\n\n\ns 4(1)\n\n\ndomestic partner\ninserted by 13/2017 s 10(1)\n1.8.2017\nspouse\ninserted by 13/2017 s 10(2)\n1.8.2017\nPt 5\n\n\ns 40\n\n\ns 40(2)\namended by 15/2025 Sch 1 cl 1\n28.4.2025\ns 41\ndeleted by 51/2017 s 121\n14.12.2017\nSch 1\n\n\nPts 1—4\nomitted under Legislation Revision and Publication Act 2002\n1.8.2017\nHistorical versions\n1.8.2017\n\n14.12.2017\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This Act modernises and expands the enforcement framework compared with the 1940 Act it repealed. New or enlarged features include: explicit Ministerial power to issue assessment, improvement and demolition orders and to register those orders on land titles so they bind future owners and operate as charges (sections 13–16); a statutory cost‑recovery regime that can convert unpaid remediation costs into a charge with priority and mortgage‑like enforcement remedies (section 18, 21); a specific targeted rent‑control mechanism for premises subject to improvement orders, with procedural safeguards (section 25); creation of a public register and detailed disclosure obligations for sale/lease advertising (sections 31–32, 46); an express general duty on owners and landlords to take reasonable steps to keep premises habitable while limiting civil/criminal liability arising from breach alone but enabling administrative enforcement (section 34); and a comprehensive Tribunal‑based review and enforcement architecture including intervention rights for the Minister and limits on representation and remuneration (parts 5 and 38–45). These changes move the law beyond mere classification of unfit houses toward an active, administratively enforced regulatory regime with financial enforcement tools and title‑level consequences."},"complexity_factors":["Extensive definitions and interpretive provisions in section 4 (many defined terms: authorised officer, landlord, tenant, owner, prescribed residential tenancy agreement, Tribunal, etc.)","Multiple distinct order types with differing procedures and timeframes (housing assessment orders s13, improvement orders s14, demolition orders s15) including emergency oral orders (s14(3)–(5))","Registration mechanism that binds future owners and creates charges on land with priority rules (s16, s18(6), s21)","Cost‑recovery routes and interactions between Minister, tenants and registered mortgagees (s18–19) with differing remedies (debt recovery, rent diversion, mortgage additions)","Cross‑references to other statutes and institutions (Real Property Act 1886, Residential Tenancies Act 1995, South Australian Civil and Administrative Tribunal Act 2013) that shift jurisdiction, procedure and definitions","Tribunal review and jurisdictional limit for monetary claims ($40,000) plus detailed Tribunal powers and representation rules (parts 5 and 38–45)","Detailed offence, penalty and continuing offence regime including exclusive commencement rights for prosecutions (s53–55, s54)","Significant delegated lawmaking power (regulations under s59) to set standards, fees, exemptions and to incorporate external codes/standards","Multiple procedural disclosure and publicity obligations (display on premises, adverts, register) with sanctions (s31–32, s46)","Transitional provisions carrying forward legacy notices and orders from the repealed 1940 Act, increasing interpretive complexity (Schedule 1)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Gives the Minister power to order inspections, repairs or demolition of housing that is unsafe or unsuitable for people to live in (housing assessment orders, housing improvement orders, housing demolition orders) (see sections 13–15).\n- Allows the Minister to register those orders on land titles so the orders bind future owners and can operate as a charge on the land to secure recovery of costs (section 16).\n- If owners do not comply, the Minister (or an authorised officer or an authorised contractor) may carry out the required work and recover reasonable costs as a debt; the unpaid amount can become a charge on the land with a statutory priority and the Minister can exercise powers like a mortgagee on default (section 17–18, 21).\n- Tenants, registered mortgagees or encumbrancees may be authorised to take action themselves and recover costs from the non‑complying owner (section 19).\n- Where an order requires occupiers to leave, the Minister issues a notice to vacate; the Tribunal can make ejectment or compensation orders if occupiers do not leave or suffer loss (sections 22–24).\n- The Minister can impose temporary rent controls by Gazette notice where a housing improvement order applies; there is a process of preliminary notice and opportunity for representations before a rent control notice is made (sections 25–26).\n- Owners must display orders on premises, disclose orders in sale or lease advertisements and lease documents, and keep tenants informed about inspections or works (sections 27, 31–32).\n- The Act creates a public register of premises subject to orders or rent control and requires record‑keeping for rent charged where rent control applies (sections 46 and 28).\n- The South Australian Civil and Administrative Tribunal (SACAT) reviews most orders and disputes under the Act, subject to time limits and a monetary jurisdictional cap (sections 33, 35). The Minister may intervene in Tribunal proceedings (section 36).\n- The Act sets out offences, penalties, continuing‑offence rules, protections for authorised officers acting in good faith, and regulation‑making powers for details (parts 7, 53–59).\n\n**Who is affected**\n\n- Owners of residential premises: primary legal duty to take reasonable steps to keep premises safe and suitable (general duty, section 34). They are the usual recipients of assessment, improvement or demolition orders (sections 13–15) and the usual payers of remediation costs (section 18).\n- Landlords and tenants under prescribed residential tenancy agreements: specific procedural rules apply (entry/notice for inspections/works, rights to terminate, limits on landlord‑initiated termination) (sections 27–30). Tenants gain procedural protections and may recover relocation costs in some circumstances (section 23, 30).\n- Registered mortgagees/encumbrancees: may be authorised to act to carry out required works and can add reasonable costs to the mortgage balance in certain circumstances (section 19). Registration of orders can affect mortgage priorities (sections 16, 18(6), 21).\n- Mortgage lenders, purchasers and prospective tenants: must get notice of registered orders (section 16(6)) and will see orders disclosed in sale/lease advertisements (section 32).\n- Minister and authorised officers: empowered to inspect, issue emergency oral improvement orders (which must be confirmed in writing within 3 business days), apply to register orders, and recover costs (sections 9–11, 14(3)–(5), 16–18).\n- The Tribunal (SACAT): given jurisdiction to review orders and resolve disputes; has powers to make injunction‑style and compensation orders except for personal injury damages (parts 5 and 40).\n\n**Why it matters (official purpose, then trade‑offs and implementation issues)**\n\n- The stated objects are to ensure housing meets prescribed minimum standards, to regulate unsafe housing and corresponding rent where appropriate, and to raise community awareness of standards (section 3). The Act implements those objects by creating: (a) minimum standards to be set by regulation (section 5); (b) an administrative enforcement pathway centred on Ministerial orders backed by inspection, remediation power and cost recovery (sections 11, 13–19); and (c) disclosure and rent‑control mechanisms (sections 25, 31–32, 46).\n\n- Who pays and who decides:\n  - Owners usually pay for remediation; if they fail, the Minister can pay and recover from the owner (sections 17–18). Mortgagees who act may add costs to the mortgage (section 19(4)). Tenants may be required to pay rent to the Minister to satisfy a debt in limited circumstances (section 18(3)(c)).\n  - The Minister decides whether to issue orders, register them, authorise third parties to act, and to make rent control notices (sections 13–16, 25). The Tribunal reviews and may vary or quash orders (section 33).\n\n- Compliance burdens and incentives:\n  - Owners and landlords face inspection obligations, work obligations, display/disclosure obligations, recordkeeping where rent control applies, and limitations on terminating tenancies if premises have been inspected or ordered (sections 11, 14, 31–32, 28, 30). That creates ongoing compliance costs for owners and for property managers.\n  - The ability to register an order on title and make it a charge (section 16) creates a financial incentive to comply but can reduce property liquidity and affect sale or refinance prospects.\n\n- Discretion, implementation risk and administrative cost:\n  - The Act gives the Minister broad discretion to issue or vary orders, to authorise others to act, and to fix maximum rents under a rent control notice after considering a range of factors (sections 7, 13–16, 25). That discretion centralises significant decision power in the Minister and requires administrative capacity for timely inspection, decision‑making, registers and cost recovery.\n  - Regulations, codes of practice and Ministerial guidelines (section 7(c), 59) will determine much of the operational detail, creating implementation risk if regulations are slow or inconsistently applied.\n\n- Effects on markets and private choice (what the text shows):\n  - Private owners and landlords may bear concentrated costs of remediation, record‑keeping and disclosure duties; these costs are direct and traceable to the owner (sections 14, 18, 31–32, 28).\n  - Rent control (section 25) is an explicit instrument that directly caps rents for specific premises to a maximum set by the Minister after a consultation step; it applies despite changes of ownership (section 25(6)). This is a targeted price control mechanism that can reduce revenue for landlords of affected dwellings.\n  - Registration of orders on title (section 16) and the statutory priority rules (section 18(6), 21) can affect mortgage security and lenders' expectations, because the Minister's charge has special priority rules.\n\n- Procedural protections and trade‑offs:\n  - The Act gives affected owners, occupants and mortgagees review rights to the Tribunal within a 28‑day window (section 13–15(2)(g), 22(2)(f), 33). The Tribunal has a range of powers to remedy disputes and can impose conditions or compensation in some cases (sections 23, 38–40).\n  - At the same time, the Act allows emergency oral orders to be made by authorised officers (section 14(3)–(5)) with relatively short confirmation time, which prioritises rapid risk mitigation over full pre‑order procedural steps in urgent cases.\n\n**Notable enforcement and recovery mechanics (concrete mechanisms)**\n\n- Minister may register an order on title; registration makes the order binding on future owners and can be a charge securing recovery of costs (section 16).\n- If owner does not comply, the Minister may do the work and recover reasonable costs as a debt; unpaid amounts can attract interest, be charged on land with priority, and be enforced like a mortgagee's remedies (section 18).\n- The Minister may require tenants to pay rent to the Minister to satisfy outstanding debts (section 18(3)(c)).\n- Registered mortgagees or tenants may be authorised to act and recover their costs from non‑complying owners; mortgagees can add costs to the mortgage in some circumstances (section 19).\n\n**Key cross‑referenced or delegated points to watch**\n\n- Minimum housing standards themselves are left to regulation (section 5) and can incorporate codes or external standards via regulation (section 59(3)(c)–(4)).\n- Many operational details (fees, exemptions, penalty levels, forms, and what counts as reasonable steps) depend on regulations and Ministerial instruments (section 59).\n- Tribunal monetary jurisdiction limit ($40,000) constrains where larger claims will be litigated in court (section 35).\n\nOverall, the Act creates an administrative framework centred on Ministerial orders supported by inspection powers, registration on land titles, cost‑recovery tools and targeted rent controls, with Tribunal review rights and a public register to support disclosure and enforcement (see, in particular, sections 11–19, 25, 31–33, 46, 59)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope assessment cannot be meaningfully performed — the legislative text was not retrievable due to a broken URL. No comparison between original intent and current provisions is possible from the available content."},"complexity_factors":["No legislative text was available for analysis — score reflects inability to assess, not simplicity of the Act itself","The Housing Improvement Act 2016 is known to involve regulatory discretion (ministerial and council powers), which typically adds complexity","Interaction with tenancy law, local government law, and building codes would ordinarily increase complexity","Score is conservatively low due to absence of source material — actual complexity may be significantly higher"],"plain_english_summary":"The Housing Improvement Act 2016 (SA) lets the state identify and deal with unsafe or uninhabitable housing by declaring properties substandard, requiring owners to repair or improve them, controlling rents while defects persist, and ultimately ordering demolition if needed. It mainly affects landlords and tenants of older or poorly maintained homes, protecting tenants’ safety and imposing compliance costs on owners."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original stated purpose in the long title: 'to provide for measures to address housing that is unsafe or unsuitable for human habitation; to control the rent of unsafe or unsuitable housing; and for other purposes.' The scope remains tightly focused on housing standards enforcement, rent control for substandard housing, and tenant protection mechanisms. While the Act is comprehensive in its coverage of enforcement tools (orders, rent control, tribunal jurisdiction), it has not expanded beyond the housing safety/remediation framework established at commencement."},"complexity_factors":["59 defined terms in the interpretation section (section 4), including complex relational definitions like 'associate' with 8 sub-categories and chains of relationships","Extensive cross-referencing to other Acts: South Australian Civil and Administrative Tribunal Act 2013, Residential Tenancies Act 1995, Residential Parks Act 2007, Real Property Act 1886, Corporations Act 2001 (Cth), Local Government Act 1999, Family Relationships Act 1975, Legal Practitioners Act 1981, Valuation of Land Act 1971","Nested conditional logic in enforcement provisions – section 18 (cost recovery) has 6 subsections with multiple paragraphs and sub-paragraphs dealing with charges on land, interest, rent diversion, and priority rules","Multiple overlapping jurisdictions: standard residential tenancies, residential park agreements, rooming house agreements, and 'prescribed residential tenancy agreements' (which excludes the first two categories), each with different rule sets","Complex transitional provisions converting old 1940 Act instruments (declarations, notices, appeals) into new Act equivalents with preserved appeal periods","Registration system for orders with land title implications (section 16) creating charges that survive sale/foreclosure despite Real Property Act 1886","Detailed procedural requirements for entry, inspection, and notice periods with multiple exceptions (emergency vs non-emergency, remote locations, etc.)"],"plain_english_summary":"**What this law does:**\n\nThe *Housing Improvement Act 2016* (South Australia) is designed to protect people from living in unsafe or substandard housing. It gives the government power to inspect rental properties, force landlords to fix serious problems, cap rent on dodgy properties, and in extreme cases, order demolition.\n\n**Who it affects:**\n\n- **Tenants** – People renting homes that might be unsafe or unfit to live in. The Act gives them rights to break leases early, claim compensation for relocation costs, and have their rent capped if the property is substandard.\n- **Landlords/Owners** – Anyone who owns residential property that is rented out. They must ensure properties meet minimum safety standards and can face orders to assess, repair, or even demolish unsafe housing.\n- **Mortgagees** – Banks or lenders with mortgages on properties can step in to fix problems if owners refuse.\n- **The Minister** – The government minister responsible for housing, who can issue orders and delegate powers to authorised officers.\n\n**Key powers and tools:**\n\n- **Housing Assessment Orders** – Require owners to get professional reports on what's wrong with a property.\n- **Housing Improvement Orders** – Force owners to carry out specific repairs within set timeframes.\n- **Housing Demolition Orders** – Require demolition when a property is too dangerous to fix.\n- **Rent Control Notices** – Cap the rent that can be charged for substandard housing (calculated based on condition, value, and market rates).\n- **Notices to Vacate** – Force people to leave unsafe properties, with compensation rights for tenants.\n\n**Why it matters:**\n\nBefore this Act, there was limited recourse for tenants stuck in dangerous housing. This law creates a comprehensive enforcement regime with real teeth – including fines up to $10,000 for non-compliance, the ability to register orders against property titles (making them binding on future owners), and powers to divert rent payments to the government until repairs are made. It also establishes a public register of affected properties so future tenants and buyers know what they're getting into.\n\nThe Act fills gaps left by standard tenancy laws by specifically targeting properties that fall below basic health and safety standards, ensuring landlords can't profit from renting out unsafe housing."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/housing-improvement-act-2016","history":"/api/acts/housing-improvement-act-2016/history","analysis":"/api/acts/housing-improvement-act-2016/analysis","conflicts":"/api/acts/housing-improvement-act-2016/conflicts","importantCases":"/api/acts/housing-improvement-act-2016/important-cases","documents":"/api/acts/housing-improvement-act-2016/documents"}}