137Compensation and civil penalties

137 Compensation and civil penalties (1) On application of an operator or a resident under a caravan park agreement, the Tribunal may order compensation for a loss or damage suffered by the applicant must be paid to the applicant by the other party because: (a) the other party has failed to comply with the agreement or an obligation under this Act relating to the agreement; or (b) the applicant has paid to the other party more than the applicant is required to pay to that other party under this Act and the agreement. (2) Despite subsection (1), an operator or a resident may not apply under that subsection for: (a) compensation payable under section 136; or (b) loss or damage suffered by reason of a breach of the operator's duty to repair, unless notification under section 71(1) has been given. (3) In determining whether to order the payment of compensation to a party, the Tribunal must take into account each of the following: (a) whether the person from whom the compensation is claimed has taken all reasonable steps to comply with his or her obligations under this Act and the caravan park agreement, being obligations in relation to which the claim is made; (b) for a breach of a caravan park agreement or this Act – whether the applicant has consented to the failure to comply with obligations in relation to which the claim is made; (c) whether money has been paid to or recovered by the applicant by way of compensation, including any money recovered or entitled to be recovered from the security deposit paid under the caravan park agreement; (d) whether a reduction or refund of rent or other allowance has been made to or by the applicant in relation to the caravan park agreement;

Caravan Parks Act 2012 80 (e) whether an action was taken by the applicant to mitigate the loss or damage; (f) any tender of compensation; (g) if the claim is made for damages to the agreement property – any action taken by the person from whom the compensation is claimed to repair the damage at his or her own expense. (4) If a party to a caravan park agreement is found guilty of an offence against this Act by a court, that court, another court or the Tribunal may, on application of the other party to the agreement, order the person that is found guilty to pay to the applicant compensation for any loss or damage suffered by the applicant because of the commission of the offence. (5) The Tribunal must not make an order under subsection (1): (a) for the payment of compensation in relation to death, physical injury, pain or suffering; or (b) for a failure to pay rent unless: (i) the rent has been unpaid for at least 3 days after it is due and payable; or (ii) the resident has failed on at least 2 previous occasions to pay rent under the same agreement within 3 days after that rent was due and payable.