Residential Parks (Long-stay Tenants) Act 2006

The Act organises around a small set of recurring legal concepts that determine who pays, who decides and how rights are transferred.

Long‑stay agreement and long‑stay tenant. A long‑stay agreement is the basic contractual unit, defined by who supplies the relocatable home or site and whether the site is the tenant’s principal residence (s 5(1)). The long‑stay tenant is the person granted the right to occupy under that agreement (s 3, definitions).

Park operator and residential park. The park operator is the grantor of occupancy rights (s 3). A residential park is defined by the presence of sites for relocatable homes plus shared premises, but certain places, such as retirement villages, can be excluded by regulation (s 5B(1)-(2)). The operator is the primary duty‑bearer in many obligations: disclosure (s 11, s 15), cleanliness and repair of shared premises (s 32L), restrictions on charges (s 12), and making park rules (s 54A-54D).

Standard terms and non‑standard terms. The Act prescribes standard terms implied into every long‑stay agreement, covering occupation, quiet enjoyment, entry, repairs, financial matters and assignment (Pt 2 Div 5, ss 32B-32P). Agreements may include non‑standard terms only if they do not exclude or conflict with standard terms, are not of a prescribed prohibited type and are labelled as non‑standard (s 10B).

Security bond regime and bond administrator. Bonds are capped at four weeks’ rent plus a limited pet bond, only one bond per agreement is permitted, and the bond must be lodged with the bond administrator within 14 days of receipt (s 21(1), (2), (3), s 22(1)). The Act requires the bond administrator to pay into the Rental Accommodation Account and keep records (s 94). Transitional provisions and later amendments add detailed account‑handling rules (Div 3 of Pt 7, ss 100-104).

Rent and rent review controls. Rent must be handled with specified receipts, recordkeeping and limitations on rent in advance (ss 25-28, 29). Contractual rent review terms are constrained by minimum review periods and content rules (s 29A). A park operator wishing to increase rent to meet significant cost increases must follow a prescribed notice and dispute path that includes SAT determination (s 31, ss 63A).

Termination and SAT adjudication. The Act tightly defines statutory grounds and notice procedures for termination by park operator or tenant (ss 39-45D, 41A-41D, 42). It channels disputes to the State Administrative Tribunal which has broad powers to terminate, to reduce rent, to order compensation, to require works, or to alter agreement terms (Pt 5 Divs 1-4, especially ss 62-64, 66-74). The Commissioner can institute or defend proceedings on behalf of parties under standards of public interest (ss 79-83).

Family violence. The Act introduces family violence‑specific protections allowing a tenant to terminate an on‑site home interest on receipt of specified evidence, confidentiality obligations for operators handling such documents, and SAT powers to terminate a perpetrator’s interest and determine the apportionment of bond proceeds (ss 45A-45C, 74A-74C).

Park governance and sale mechanics. Park rules may be made and modified in accordance with the Division and regulations (ss 54A-54D). Tenants have a statutory right to sell their relocatable home in situ and protected processes govern selling agents, commissions, disclosure to buyers and the operator’s obligations not to obstruct sales (ss 55-58, 57A-57D).

Regulatory and administrative backbone. The Commissioner has investigatory, advisory and enforcement functions (s 85); regulations may fill out many procedural and technical details (s 95). The Act expressly interacts with other laws, excluding residential long‑stay agreements from the Residential Tenancies Act where applicable (s 8(1)) and declaring long‑stay agreements to be “excluded matters” under the Corporations Act for certain purposes (s 88A).

These concepts convert a market contract into a regulated tenancy product: mandatory disclosure, capped financial exposure, specified minimum rights to sell and occupy, regulated scope for fee extraction, and an administrative dispute resolution route.

Primary affected parties are park operators and long‑stay tenants of residential parks, plus prospective buyers of relocatable homes and selling agents. The Act defines park operator and long‑stay tenant precisely (s 3) and attaches duties and liabilities to those roles throughout Pt 2 and Pt 4.

Park operators. The Act imposes duties on park operators to provide required pre‑contract documents to prospective tenants (s 11), to ensure agreements are in writing and contain prescribed terms (s 10(1)), to limit charges to specified categories (s 12), to accept only one security bond and to lodge it with the bond administrator within 14 days (ss 21-22), to maintain shared premises and comply with repair and safety obligations (s 32L), to make and apply park rules fairly (ss 54A-54D), to avoid interfering with on‑site sales (s 56), and to give notice of material changes (s 20A). The Act also places criminal and monetary penalties on operators for contraventions (various penalties, see, for example, s 12, s 21(3), s 56).

Long‑stay tenants. Tenants acquire statutory protections and duties. Protections include implied standard terms guaranteeing vacant possession and quiet enjoyment (ss 32B, 32D), limits on pre‑payments and bond sizes (ss 25, 21(2)), rights to sell on‑site homes (s 55) and to obtain purchaser disclosure (s 55A), mechanisms to dispute rent increases or other operator actions before SAT (ss 63, 63A, 62A), and specialised family violence rights to terminate an on‑site home interest with prescribed evidence (s 45A) and SAT remedies (ss 74A-74C). Tenants also bear responsibilities such as keeping premises reasonably clean and repairing tenant‑caused damage (ss 32J-32K), notifying operators of changes of address (s 16), and not withholding rent to speculate on bond recovery (s 35).

Prospective buyers and selling agents. The Act regulates seller obligations to give a purchase disclosure notice to potential buyers of a relocatable home (s 55A) and sets rules for selling agency agreements and allowable commission structures (ss 57, 57A-57C). Selling agents must comply with trust account handling requirements where they receive sale monies (s 57C).

Third parties and regulators. The Commissioner, bond administrator and the State Administrative Tribunal are central decision makers. The Commissioner may investigate, prosecute offences, and institute or assume conduct of proceedings on behalf of parties (ss 85, 79-81). The bond administrator is responsible for receiving bond deposits, paying them into the Rental Accommodation Account and recordkeeping (s 22, s 94). SAT is the primary dispute resolution forum with broad powers to vary agreements, make compensation orders, and determine vacant possession matters (Pt 5 generally).

Other regulated actors include real estate agents (restrictions on charging tenants for letting services, s 13), authorised deposit‑taking institutions holding transitional tenancy bond accounts (Div 3 Pt 7, ss 102-104), local governments and licensing authorities where their licensing conditions affect park operators (s 15(1)(c)), and persons prescribed by regulation for specified functions (s 95).

The Act also affects holders of superior title and mortgagees through specific provisions that limit recovery of possession outside the statutory process and provide SAT protection for tenants against superior title holders (s 70, s 33(3)(b) as saved in transitional provisions). Finally, family‑violence victims and alleged perpetrators are specially affected through evidence, confidentiality and SAT processes (ss 45A, 45B, 74A-74C).

The Act creates a matrix of duties and rights; the most operational are summarised with their statutory sources.

Form and content duties for park operators. A park operator must not enter into a long‑stay agreement that is not in writing, that fails to include the statutory standard terms, or that fails to comply with prescribed content requirements (s 10(1)-(2), s 10B). Operators must provide the required documents to prospective tenants before signing (s 11). Failure attracts fines (s 10(2), s 11(2)) and SAT remedies (s 62).

Limits on fees and charges. Operators may only require payments listed in s 12(1): rent, a security bond, an option fee that is refundable or applied to rent, authorised statutory amounts, and prescribed fees for recoverable services (s 12(1)). Real estate agents acting for operators may not charge tenants fees for letting services (s 13).

Security bond handling. Operators may receive only one security bond and the bond cannot exceed four weeks’ rent plus a limited pet bond (s 21(1), (2)). Any bond received must be deposited with the bond administrator within 14 days and recorded in the approved form (s 22(1)). High statutory fines apply for failure (s 22).

Rent management, review and increases. Operators are restricted on rent in advance (no more than two weeks up front, s 25). Receipts must be issued within three working days, and rent records maintained to prescribed content (ss 26, 28). Contractual rent review clauses are ineffective where they permit reviews at intervals shorter than specified or without a stated basis (s 29A). For unilateral increases outside the agreement to meet significant cost increases, the operator must follow the notice and SAT process (s 31, ss 63A).

Entry and security rules. The operator’s right of entry is limited to defined circumstances and times, with specified notice periods (ss 32E-32F). Operators must provide and maintain reasonable locks for on‑site homes and must not alter tenant locks without consent, subject to narrowly drawn family violence exceptions (s 32H).

Repair and cleanliness. Operators must provide and maintain agreed and shared premises in a reasonable state of cleanliness and repair and comply with applicable written laws (s 32L). Tenants must keep sites and homes reasonably clean and repair tenant‑caused damage (ss 32J-32K). SAT can order works or compensation where the operator fails to comply (s 64).

Termination rights and notice. The Act prescribes specific statutory grounds and notice requirements for termination by operators and tenants, such as rent arrears (s 39), other breaches with default notices (s 40), sale of the park requiring vacant possession (s 41), park closure or change of use (s 41A-41D), and termination without grounds for on‑site home agreements subject to SAT constraints (s 42). Tenants have a statutory right to terminate without grounds with 21 days’ notice (s 44). Termination mechanics require vacant possession plus expiry of the notice period (s 33(1)).

Dispute resolution and remedial powers of SAT. The State Administrative Tribunal may make orders terminating agreements, requiring performance, reducing rent, ordering compensation, and varying or declaring unenforceable harsh or inconsistent terms (ss 62-63, 62C). SAT has special procedures for rent disputes under s 63 and for determining disputed proposed increases under s 63A.

Family violence provisions. A tenant may terminate an on‑site home interest on family violence grounds with specified evidence (s 45A). The operator must keep such documents confidential and secure (s 45A(3)-(4)). The SAT can terminate an excluded tenant’s interest and make consequential determinations about bond apportionment and compensation (ss 74A-74C).

Sale and assignment rights. Tenants have a right to sell a relocatable home on their site (s 55). A purchaser must receive a purchase disclosure before contract execution (s 55A). Operators must not obstruct on‑site sales and must, subject to reasonableness, enter into a new agreement or consent to assignment of the tenant’s interest if conditions in s 58 are met.

Regulatory duties. The Commissioner must be designated and carries investigatory and enforcement functions, with delegated powers and confidentiality protections (ss 84-87). Regulations may prescribe detailed operational matters and impose penalties (s 95).

Collectively, these duties limit operators’ discretion over price, contract form and termination, while granting tenants enforceable minimum occupation rights and processes for dispute resolution.

The Act combines administrative remedies through SAT, monetary penalties under the Act, and criminal‑style fines for specified breaches.

Monetary penalties and offences. The Act specifies fines for a range of contraventions. Examples include: contracting out to evade the Act, fine $10 000 (s 9(2)); failure to enter a compliant written long‑stay agreement, fine $5 000 (s 10(2)); failure to provide required documents before signing, fine $5 000 (s 11(2)); taking unauthorised payments beyond the categories in s 12, fine $5 000 (s 12(1)); falsifying records for bond lodgement, fine $20 000 (s 22(2)); failure to issue bond receipts with required particulars, fine $20 000 (s 21(3)); failure to give receipts for rent or to keep rental records, fines of $5 000 (ss 26(2), 28(1)); unauthorised entry or interference with quiet enjoyment attracts fines up to $10 000 (s 32D(2)); alteration of locks without required consent may attract a $20 000 fine (s 32H(6)). Penalties vary by provision, and some breaches permit civil remedies and SAT orders in addition to fines.

Criminal procedure and time limits. Proceedings for offences must generally commence within three years of the alleged offence (s 90). The Act also contemplates infringement notices and modifies Criminal Procedure Act processes where prescribed (s 90A).

Enforcement by State Administrative Tribunal. A central enforcement mechanism is SAT. Tenants and park operators may apply to SAT for a wide range of orders: to terminate or vary agreements, to declare harsh or inconsistent terms to have no effect, to fix maximum rent (s 63), to determine proposed increases (s 63A), to compel works (s 64), to terminate interests for family violence and apportion bonds (ss 74A-74C), and to determine compensation (ss 65, 64B). SAT may also refer suspected offences to the Commissioner for investigation (s 83A).

Commissioner’s investigatory and prosecutorial powers. The Commissioner may investigate complaints, prosecute offences or otherwise take action, and may institute or defend proceedings on behalf of an original party where public interest and consent criteria are met (ss 79-81, s 85). The Commissioner also has the power to publish reports and give advice (s 85). Statements of the Commissioner are admissible as proof of certain procedural matters in proceedings (s 80).

Bond administrator and Rental Accommodation Account. The bond administrator must take bond deposits and pay amounts into the Rental Accommodation Account (ss 22, 94). If a park operator handles bonds improperly and incurs liability for destroyed or disposed goods relying on a Commissioner statement, the operator may recover liability out of the Rental Accommodation Account in limited circumstances (s 51(3)).

Remedies and mitigation. The Act imposes a duty to mitigate post‑breach (s 53). SAT may make compensatory orders for loss or for costs incurred in dealing with abandoned goods and tenant documents, and may order repayment to parties of amounts paid under mistake (ss 52, 75-77, 62C(2)(e)). Criminal penalties, SAT orders and Commissioner prosecutions sit alongside civil remedies.

Overall enforcement is multi‑layered: statutory fines deter specified conduct, SAT provides flexible remedial powers and dispute resolution, and the Commissioner provides investigatory and public interest enforcement capacity.

The Act deliberately interlocks with a range of Commonwealth and State statutes and administrative instruments, carving out and dovetailing jurisdiction in specific ways.

Exclusion and primacy vis‑à‑vis Residential Tenancies Act. Section 8(1) provides that where a residential tenancy agreement under the Residential Tenancies Act 1987 is a long‑stay agreement, the RT Act does not apply. The Act therefore creates an alternative statutory framework for long‑stay park tenancies, with different rights and remedies and separate bond handling arrangements (ss 21-22, s 94). Transitional provisions preserve some RT Act outcomes for pre‑commencement matters (Pt 7 Divs 1-3).

Interaction with planning and licensing regimes. The definition of residential park and the grounds for termination for redevelopment or change of use reference the Planning and Development Act 2005 and Caravan Parks and Camping Grounds Act 1995 (s 5B(2), s 15(1)(c), ss 41A-41D). Termination based on change of use or required works is conditional on approvals being in place (ss 41A(2), 41C(2), 41B(2)).

Family law and protection orders. Family violence concepts and evidence references are drawn from other statutes: DVOs and Family Court injunctions are admissible evidence under s 45A(2) and these are defined from the Domestic Violence Orders (National Recognition) Act 2017 and the Family Court Act 1997. Cross‑examination protections link to the Restraining Orders Act 1997 s 44C via s 94A.

Corporations Act carve out. Section 88A declares long‑stay agreements an excluded matter for the Corporations Act 2001 s 5F in relation to Chapter 5 Part 5.6 Division 7A. That changes the interplay with Commonwealth corporate regulation for relevant transactions.

Banking and bond handling. The Act refers to authorised deposit‑taking institutions defined in the Banking Act 1959 (Commonwealth) and prescribes deposit and interest handling for transitional tenancy bond accounts (Pt 7 Div 3, ss 99-104). The bond administrator function and Rental Accommodation Account link into the Residential Tenancies Act regime where bond administration had previously been handled (s 94).

Real estate and motor vehicle dealer licensing. The Act addresses selling agents and makes clear that a park operator acting as a selling agent need not hold licences under the Motor Vehicle Dealers Act 1973 or the Real Estate and Business Agents Act 1978 (s 57B). Nevertheless, the Act borrows trust account concepts from those Acts and applies certain trust account protections to sale trust accounts where operators or selling agents are licensed agents (s 57C).

Local taxation and land law. The Act places a default obligation on operators to bear levies, rates and taxes imposed under other statutes, such as the Land Tax Act 2002, the Local Government Act 1995 and the Water Services Act 2012 (s 32N(1)). It also contains a provision that, despite Transfer of Land Act 1893 s 68, a long‑stay agreement binds successors in title (s 10C), which alters conveyancing implications and affects purchasers and mortgagees.

Criminal procedure and infringement notices. Section 90A permits adaptation of Criminal Procedure Act 2004 Part 2 processes in relation to infringement notices where this Act is prescribed under that Act. Timeframes for service of an infringement notice are specified (s 90A(2)).

Regulatory hierarchy and saving provisions. The Act explicitly permits regulations to exempt classes of agreements or parks from particular provisions (s 9A), and empowers the Governor to make regulations “necessary or convenient” to give effect to the Act (s 95). Transitional regulations are available to manage savings issues arising from the 2020 amendments (s 116). The compilation table records subsequent amending Acts and commencement sequencing, indicating the Act is implemented as part of a broader legislative architecture.

In practice, operators, tenants and advisers must consider the Act in tandem with the Residential Tenancies Act where a tenancy is not a long‑stay agreement, planning and development approvals touching a park, family violence protections from other Acts, corporations and trust account rules where selling agents or operators act in hybrid roles, and local government licensing and rates. The Act itself anticipates that interplay by referencing other statutes and creating binding rules to resolve conflicts (s 8(3), s 10C).

The Act as compiled includes successive amendments that materially reshaped its mechanics and scope. The compilation table and in‑text notes identify the principal amending instruments and dates of commencement.

2006 original Act. The Residential Parks (Long‑stay Tenants) Act 2006 (No. 32 of 2006) commenced as to s 1-2 on 4 July 2006 and the remainder on 3 August 2007, establishing the original framework for residential park long‑stay tenancies (compilation table).

2011 and subsequent technical amendments. Amendments by the Residential Tenancies Amendment Act 2011 (No. 60 of 2011) and others introduced changes implemented later (compilation table).

2019 family violence amendment. The Residential Tenancies Legislation Amendment (Family Violence) Act 2019 (No. 3 of 2019) inserted Division 4A and related sections, creating family violence‑specific termination rights and SAT powers: notably ss 45A and 45B were inserted, with SAT procedures in ss 74A-74C and confidentiality and cross‑examination links like s 94A. The compilation table records assent and commencement of those provisions on 15 April 2019.

2020 comprehensive reform. The Residential Parks (Long‑stay Tenants) Amendment Act 2020 (No. 28 of 2020) represents a major package of reforms. It added or reworked many core parts: updated definitions (s 3 inserted by No. 28 of 2020 s 4), introduced formal standard terms and non‑standard term controls (ss 10A, 10B), mandated bond administrator deposits (s 22 inserted), strengthened park rules machinery (ss 54A-54D), created statutory rights to sell onsite and sale mechanics (ss 55-58), introduced relocation compensation rules (ss 32, 32A), tightened rent review and rent increase processes (ss 29A-31, 63A), and broadened SAT powers (Pt 5 additions such as ss 62-64). Many of these inserts and amendments are annotated throughout the text (e.g. “Section 10 inserted: No. 28 of 2020 s. 14”).

Transitional adjustments. The 2020 amendments included extensive transitional and savings provisions (Pt 7 Divs 2-3, ss 97-116) to address pre‑commencement long‑stay agreements, bond transfers, key bond returns and validation of pre‑existing voluntary sharing arrangements (s 115). Specific transitional rules for counting places as residential parks over particular periods were added (s 98).

2024 validation and technical amendments. The Residential Tenancies Amendment Act 2024 (No. 11 of 2024) added validation of particular regulations (s 117) and introduced selective commencement of provisions (compilation table shows staggered dates in 2024 and 2026 for ss 62, 63, 64 and 65). The in‑text note for s 117 validates regulation 13A and regulation 22 back to 15 April 2019 for a validation period.

Incremental earlier changes. Other amending Acts and technical modernisations are recorded in the compilation table including the Standardisation of Formatting Act 2010 and changes to water services and consumer protection in 2012 and 2014 respectively (compilation table). The reprint chronology shows the Act has been edited and consolidated over time.

Mechanics of amendment. Throughout the Act, inserted section notes and “inserted: No. 28 of 2020 s. X” style annotations identify the source of discrete changes. These notes indicate the legislature used both stand‑alone amending Acts and cross‑referenced insertions to reconfigure tenancy mechanics, enforcement, and administrative structures. The 2020 package is the most extensive restructuring, shifting many operational rules into the Act proper and expanding SAT and Commissioner roles.

For advisers and compliance officers, the amendment history emphasises the need to track commencement dates carefully. Several newer rights and obligations (for example, the standard terms, bond deposit rule s 22, and relocation compensation s 32A) post‑date many older agreements and have transitional savings rules that may preserve pre‑existing contractual terms in limited circumstances (Pt 7). The Act’s compilation table is an explicit legal source for sequencing and validation issues.

The statutory text and compilation materials supplied do not cite judicial decisions or name cases. The Act centralises dispute resolution in administrative proceedings before the State Administrative Tribunal rather than in a defined court docketing regime. As such, the operational history relevant to litigation will primarily be SAT decisions and any appeals to higher courts, but none are named or summarised in the Act text.

The Act, however, builds litigation and enforcement pathways into its structure that parties and advisers should note. SAT has express jurisdiction to consider numerous classes of dispute and to make orders with immediate effect, including termination orders (ss 62-64, ss 66-74). Applicants may pursue remedies under ss 62A and 62C where agreements are non‑compliant, harsh or inconsistent with the Act. SAT may also refer matters to the Commissioner for investigation of potential offences (s 83A), bringing quasi‑criminal enforcement into play.

Procedural protections and evidentiary rules relevant to proceedings are embedded in the Act. For family violence matters, the Act prevents SAT from examining whether a terminating tenant has been subjected to family violence when reviewing procedural compliance with s 45A; it reserves substantive findings about family violence to evidence types specified in s 45A(2), and integrates cross‑examination protections under the Restraining Orders Act via s 94A. The Commissioner’s statutory power to assume conduct of proceedings, and the evidentiary weight afforded to Commissioner statements under s 80, will be relevant procedural features should proceedings be pursued.

The Act contains statutory time limits that shape any enforcement action: for example, criminal prosecutions must be commenced within three years of the alleged offence (s 90). SAT application windows are also prescribed in a number of places, such as 28 days to dispute abandonment notices under s 70A(2), or 30 days to apply for vacant possession orders under ss 66(3), 68(3) and 69(3). Failure to adhere to these statutory timeframes can be dispositive.

Because the Act creates statutory remedies parallel to common law contract remedies, parties should expect a blend of administrative law principles and equitable considerations to appear in contested SAT proceedings. Practitioners should therefore rely on SAT decisions and any appellate rulings relating to the Act for authoritative interpretations; the Act itself does not catalogue those rulings.

The Act embeds many specific procedural traps and compliance sensitivities that can produce substantive legal and financial consequences if overlooked.

Formality and implied standard terms. A long‑stay agreement must be in writing and must include the Act’s standard terms and any prescribed terms (s 10(1)). Non‑compliance can expose a park operator to fines (s 10(2)) and give tenants an avenue to apply to SAT for termination, variation or declaration that a term has no effect (s 62). Operators cannot sidestep statutory terms by drafting contrary clauses; non‑standard terms must be clearly labelled and not conflict with statutory standard terms (s 10B).

Contracting out prohibited. Contracts that attempt to exclude, modify or restrict the Act are ineffective (s 9(1)). There is a specific criminal‑style prohibition on entering agreements intended to defeat the Act’s operation, with a $10 000 fine (s 9(2)). Parties who rely on bespoke contractual arrangements should check whether the agreement is, in substance, a long‑stay agreement and thus within the Act.

Bond handling timeline and record accuracy. Operators must lodge any bond with the bond administrator within 14 days of receiving it and provide the bond administrator an approved record (s 22(1)). False or misleading entries attract heavy fines (s 22(2)). The bond receipt must have specified particulars and failing to supply a compliant receipt carries a $20 000 penalty (s 21(3)). Transitional rules require earlier‑held tenancy bond account balances to be transferred (Pt 7 Div 3, ss 100-102).

Limits on charges and forbidden fee extraction. Section 12 strictly limits the categories of payable amounts. Operators who charge amounts framed as “fees” but not authorised under s 12(1)(e), or who demand commissions or hidden payments from tenants, face fines and civil exposure to recover the payments (s 12(2)). Real estate agents acting for operators are explicitly prohibited from charging tenants fees for letting services (s 13).

Rent variation mechanics and ineffective clauses. Contractual review clauses that lack a stated single basis for calculation, or that allow review at intervals below statutory minima, are ineffective (s 29A). Market rent review clauses are curtailed by s 29A(1)(c). Park operators seeking to increase rent to meet significant cost increases must follow s 31’s notice and response timetable or proceed via SAT under s 63A. Failure to follow process can lead to SAT setting aside increases or ordering reductions.

Entry and lock rules have strict consent and notice requirements. The operator’s statutory right of entry is circumscribed by time windows, notice periods and purpose limits (ss 32E-32F). Altering tenant locks is constrained and carries substantial fines; there is a family violence‑centred exception allowing tenants to alter locks with duties to supply keys to the operator under prescribed conditions (s 32H(10)-(13)). An operator who wrongfully withholds tenant keys or otherwise interferes with security may face both civil and criminal consequences.

Termination notices and timing. The Act prescribes distinct notice periods for different grounds of termination. For example, termination for sale of the park requires 60 days for on‑site home agreements and 180 days for site‑only agreements (s 41(3)). Operators must not knowingly give false notices claiming grounds for termination (s 41(5)). A default or termination notice that fails to comply with form requirements (ss 37-38) can be invalidated by SAT, and operators may be required to withdraw SAT applications under s 39(5)(b).

Family violence procedural traps. Tenants who rely on family violence termination rights under s 45A must supply one of the listed documents as evidence. Park operators have strict confidentiality duties (s 45A(3)-(4)). SAT review for validity of family violence notices is time‑limited and procedure‑focused: SAT must not examine whether family violence occurred in reviewing procedural compliance under s 74A(3)(b), which shapes how cases are litigated.

Sale of relocatable homes and conditional sales. Section 58 makes a sale conditional on the park operator entering into a new long‑stay agreement with the buyer or consenting to assignment under defined timelines. If operators improperly refuse consent without reasonable grounds, SAT can order the operator to enter into a new agreement (ss 58(3)-(6), 62C(2)(k)). Sellers and buyers must ensure the seller gives the purchaser a purchase disclosure notice before the contract is signed or risk SAT relief for the buyer under s 64A.

Park rules and park liaison committees. Park rules must be fair, reasonable and prospectively applied (s 54A(2)). The Act requires a park operator to convene a park liaison committee where a park has 20 or more sites and tenants request it (s 59). Operators who fail to follow prescribed procedures for rule‑making or that impose unreasonable rules may face SAT intervention (s 63B).

Regulatory dependencies and delegated details. Many operational details are delegated to regulations and approved forms (s 95, definitions). This means compliance is not solely a matter of reading the statutory text; operators must also track and comply with regulations, approved forms and any Commissioner directions.

Taken together, these “gotchas” indicate that non‑compliance often arises from failing to follow prescribed form and process rather than from substantive ambiguity. Practitioners should prioritise form compliance, recordkeeping, and adherence to statutory notice and deposit timelines.

For park operators, tenants and advisers, the Act prescribes concrete compliance steps. The list below maps the principal obligations to the controlling sections and practical actions to reduce statutory risk.

Drafting and agreement form. Ensure every long‑stay agreement is in writing and contains the statutory standard terms set out in Pt 2 Div 5 and any terms prescribed by regulation (s 10(1)(a)-(b), s 10B(4)). If a standard‑form agreement is prescribed, use that form (s 10A). Label any non‑standard terms clearly and confirm they do not modify implied statutory terms (s 10B(2)-(3)). Keep fully executed copies and give a copy to the tenant within 21 days of first signature (s 17).

Pre‑contract disclosure and cooling‑off. Provide the required documents to prospective tenants in the timeframes set by s 11: for site‑only agreements, at least five working days before signing unless the tenant expressly waives the pre‑signing period in writing and receives the documents before occupying (s 11(2)-(3)). For all other agreements, provide documents before the agreement is entered into. Implement an administrative checklist to record delivery of the required documents in the approved form.

Security bond handling. Accept only one bond per agreement and cap the bond at four weeks’ rent plus any permissible prescribed pet bond (s 21(1)-(2)). Issue the bond receipt with all required particulars (s 21(3)). Deposit any bond with the bond administrator within 14 days and complete the approved record form (s 22(1)). Maintain accurate internal records and reconcile deposits monthly. For pre‑commencement tenancy bond accounts, follow the transitional transfer requirements (Pt 7 Div 3, ss 100-102).

Rent management and notices. Do not take more than two weeks’ rent in advance at the start of a tenancy and do not require further prepayments (s 25). Issue written rent receipts within three working days for non‑ADI account payments (s 26). Keep rent records that record date, payer, amount and period paid (s 28). If relying on a contractual rent review, ensure the clause meets s 29A’s timing and content requirements. For increases outside the agreement for significant cost increases, comply with the s 31 notice form and timing, allow 28 days for tenant response, and be prepared for SAT resolution under s 63A.

Permitted charges and sales. Confirm that all amounts charged are authorised under s 12. Do not accept fees from tenants for letting services where agent acts for the operator, per s 13. Where acting as or appointing a selling agent, enter a written selling agency agreement that complies with s 57 and document commissions and incidental expenses per s 57A. Ensure sellers provide purchase disclosure notices to buyers (s 55A) and if a sale is conditional on entry/assignment, follow s 58’s timelines.

Entry, locks and security. Implement operational procedures matching s 32E-32F for notice periods, permitted purposes and reasonable entry times. For on‑site homes, provide and maintain reasonable locks (s 32H(1)). If replacing or adding locks to shared premises, notify tenants and provide means of access (s 32H(4)). Where family violence is a risk and a tenant seeks to alter locks under s 32H(10), respect the exception and the tenant’s confidentiality while obtaining copies of keys within the seven‑day window unless the operator is reasonably suspected of being the perpetrator (s 32H(10)-(13)).

Repairs and urgent work. Maintain agreed and shared premises in a reasonable state of cleanliness and repair and comply with applicable building, health and safety laws (s 32L). For urgent repairs, respond within the prescribed periods; if a tenant arranges urgent repairs under s 32M(3), reimburse reasonable expenses and keep records of invoices and communications.

Termination and notices. Follow the exact form and content requirements for default notices and notices of termination (ss 37-38). Respect the prescribed minimum notice periods for different grounds of termination, for example 7, 60 or 180 days depending on the ground and agreement type (ss 39-42, 41D). Avoid giving notices that falsely claim grounds for termination; s 41(5) penalises false claims. If served with a notice of termination, document receipt and provide any prescribed responses to preserve rights to litigate before SAT.

Handling abandoned goods and tenant documents. If goods appear abandoned, follow ss 44A-44B and Div 6 procedures: give the approved notice, store per s 48(3) and send the prescribed notice within seven days of storage (s 48(4)). Maintain storage logs and sale auction records, and retain proceeds accounting per s 52. Handle tenant documents with the confidentiality and storage duties in s 52A, including taking reasonable steps to notify lawful owners and destruction only after the storage period.

Park rules and liaison committees. For parks with 20 or more long‑stay sites where a majority of tenants request a committee, convene and maintain a park liaison committee per ss 59-61. Develop park rules in accordance with s 54A and any regulations, ensure rules are fair and prospective, and record the rule‑making process in minutes to evidence compliance. Treat park rules as enforceable but subject to SAT review under s 63B.

SAT engagement and Commissioner liaison. When disputes arise, consider SAT remedies early. Use ss 62-64 as the roadmap for likely orders and evidence. If a matter involves systemic operator conduct or public interest issues, consider referral to the Commissioner or cooperation with Commissioner investigations under ss 79-83. Preserve evidence and ensure communications and records are audit‑ready.

Regulatory vigilance and approved forms. Track regulations and approved forms because the Act delegates significant procedural detail to regulation (s 95) and refers to approved forms for notices, disclosure statements and other documents (definition of approved form). Maintain a regulation watch list and update template documents when the Department publishes revised forms.

Recordkeeping and confidentiality. Implement robust record retention for rent, bonds, notices, receipts, repairs and tenant documents. For family violence evidence or notices under s 45A, ensure strict confidentiality and secure storage as required by s 45A(3)-(4).

In short, compliance is paper‑intensive, process‑driven and centred on meeting explicit statutory timeframes and form requirements. Practitioners should map statutory duties to administrative checklists and internal audit points tied to the specific sections cited above.