Part 11South Australian Civil and Administrative Tribunal

Part 11—South Australian Civil and Administrative Tribunal Division 3—Tribunal's jurisdiction 103—Jurisdiction of Tribunal (1) The Tribunal has exclusive jurisdiction to hear and determine a residential park dispute. (2) However, the Tribunal does not have jurisdiction to hear and determine 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 heard and determined by the Tribunal (and if consent is given, it is irrevocable). (3) If a monetary claim under this Act is above the Tribunal's jurisdictional limit, the claim and any other claims related to the same residential park agreement may be brought in a court competent to hear and determine a claim founded on contract for the amount of the claim. (4) A 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. Division 4—Representation of parties in mediation 110—Representation of parties in mediation If a residential park dispute is referred by the Tribunal for mediation, a party to the dispute may be represented by a person who is not a lawyer in the mediation of the dispute if— (a) the party is a body corporate and the representative is an officer or employee of the body corporate; or (b) all parties to the proceedings agree to the representation and the mediator is satisfied that it will not unfairly disadvantage an unrepresented party; or (c) the mediator is satisfied that the party is unable to present the party's case properly without assistance. Division 5—Intervention by Commissioner 112—Power to intervene (1) The Commissioner may intervene in proceedings before the Tribunal or a court concerning a residential park dispute. (2) If the Commissioner intervenes in proceedings, the Commissioner becomes a party to the proceedings and has all the rights (including rights of appeal) of a party to the proceedings. Division 6—Amendment of proceedings 113—Amendment of proceedings The 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. Division 7—Judgments and orders 116—General powers of Tribunal to resolve disputes (1) The Tribunal may, on application by a party to a residential park dispute— (a) restrain an action in breach of this Act or a residential park agreement or collateral agreement; or (b) require a person to comply with an obligation under this Act or a residential park agreement or collateral agreement; or (c) order a person to make a payment (which may include compensation); or (d) modify a residential park agreement to enable the resident to recover compensation payable to the resident by way of a reduction in the rent otherwise payable under the agreement; or (e) relieve a party to a residential park agreement or collateral agreement from the obligation to comply with a provision of the agreement; or (f) terminate a residential park agreement or declare that a residential park agreement has, or has not, terminated; or (g) reinstate rights under a residential park agreement that have been forfeited or have otherwise terminated; or (h) require payment of rent into the Fund until conditions stipulated by the Tribunal have been complied with; or (i) require that rent paid into the Fund be paid out and applied as directed by the Tribunal; or (j) require that a bond paid into the Fund be paid out and applied as directed by the Tribunal; or (k) require a resident to give up possession of rented property to the park owner; or (l) make orders to give effect to rights and liabilities arising from the assignment of a residential park agreement; or (m) exercise any other power conferred on the Tribunal under this Act; or (n) do anything else necessary or desirable to resolve a residential park dispute. (2) The Tribunal does not have jurisdiction to award compensation for damages arising from personal injury. 117—Special powers to make orders (1) The Tribunal may in proceedings under this Act make an order in the nature of an injunction (including an interim injunction) or an order for specific performance. (2) However, 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. (6) The Tribunal may, in the exercise of its jurisdiction under this Act, make ancillary or incidental orders. 118—Restraining orders (1) If the Tribunal is satisfied, on application by a park owner, that there is a risk that a resident or a person permitted on rented property by a resident may cause serious damage to property or personal injury, the Tribunal may make an order (a restraining order) restraining the resident and other persons on the rented property from engaging in conduct of a kind described in the order. (2) An application for a restraining order may be made without notice to the persons against whom the order is sought but, if the order is made without giving them a reasonable opportunity to respond to the allegations against them, the Tribunal must allow them a reasonable opportunity to satisfy it that the order should not continue in operation. (3) A person must not contravene a restraining order. Maximum penalty: Imprisonment for 1 year. 119—Conditional and alternative orders (1) The Tribunal may make orders under this Act on conditions the Tribunal considers appropriate. (2) The Tribunal may make orders under this Act in the alternative so that a particular order takes effect, or does not take effect, according to whether stipulated conditions are complied with. Division 8—Obligation to give reasons for decisions 123—Reasons for decisions The 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. 123A—Time for application for review or instituting appeal Furthermore, if the reasons for a decision of the Tribunal have not been given in writing and— (a) an applicant for review of the decision of the Tribunal under section 70 of the South Australian Civil and Administrative Tribunal Act 2013; or (b) a person appealing against a decision of the Tribunal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013, requests 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. Division 10—Representation in proceedings before Tribunal 126—Representation in proceedings before Tribunal (1) A party to a residential park dispute may only be represented in proceedings before the Tribunal under this Act (including at a conference or mediation under sections 50 and 51 respectively of the South Australian Civil and Administrative Tribunal Act 2013), as allowed by this section. (2) A party to a residential park dispute may be represented by a lawyer if— (a) all 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 (b) the Tribunal is satisfied that the party is unable to present the party's case properly without assistance; or (c) another party to the dispute is a lawyer, or is represented by a professional representative; or (d) the Commissioner has intervened in, or is a party to, the proceedings. (3) A party to a residential park dispute may be represented by a person who is not a lawyer if— (a) the party is a body corporate and the representative is an officer or employee of the body corporate; or (b) all parties to the proceedings agree to the representation and the Tribunal is satisfied that it will not unfairly disadvantage an unrepresented party; or (c) the Tribunal is satisfied that the party is unable to present the party's case properly without assistance. (4) In this section— professional 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.