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Residential (Land Lease) Communities Act 2013
157Orders that may be made by Tribunal
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#### 157 Orders that may be made by Tribunal
157 Orders that may be made by Tribunal
> > (1) The Tribunal may, on application by a party to a dispute or other matter before the Tribunal, or in any proceedings under this Act, make one or more of the following orders—
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> > > (a) an order that restrains an action in breach of this Act or a site agreement or collateral agreement,
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> > > (b) an order that requires a person to comply with an obligation under this Act or a site agreement or collateral agreement,
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> > > (c) an order that relieves a party to a site agreement or collateral agreement from the obligation to comply with a provision of the agreement,
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> > > (d) an order for the payment of an amount of money,
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> > > (e) an order for the payment of compensation,
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> > > (f) an order that a party to a site agreement perform such work or take such other steps as the order specifies to remedy a breach of the agreement,
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> > > (g) an order that requires payment of part or all of the site fees payable under a site agreement to the Tribunal until the whole or part of the agreement has been performed or any application for compensation has been determined,
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> > > (h) an order that requires site fees paid to the Tribunal to be paid towards the cost of remedying a breach of the site agreement or towards the amount of any compensation,
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> > > (i) an order directing an operator to give a former home owner or person authorised by a former home owner access to a residential site or home on the site for the purpose of recovering goods of the former home owner,
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> > > (j) an order for anything else necessary or desirable to resolve a dispute.
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> > (2) An order under subsection (1)(a) or (b) may be made even though it provides a remedy in the nature of an injunction or order for specific performance in circumstances in which such a remedy would not otherwise be available.
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> > (3) The Tribunal must not make an order for—
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> > > (a) the payment of an amount that exceeds the amount (if any) prescribed by the regulations for the purposes of this section, or
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> > > (b) the performance of work or the taking of steps the cost of which is likely to or will exceed the amount (if any) prescribed by the regulations for the purposes of this section.
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> > (4) An order for the payment of compensation to a party is not to be made for loss or damage to the extent the loss or damage could have been avoided or limited by taking reasonable steps to mitigate the loss or damage.
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> > (5) A provision of this Act that enables a resident to apply for a determination by the Tribunal and the Tribunal to determine a matter or make an order also applies, where appropriate, to a former resident.
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> > (6) The Tribunal does not have jurisdiction to award compensation for damages arising from personal injury.
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> > (7) Except as provided by subsection (6), nothing in this section limits the orders that the Tribunal may make under this Act.
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> Note.
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> This Act also confers other order-making powers on the Tribunal, including other specific powers to make termination orders and to declare that a residential site has been abandoned.