Residential Parks (Long-stay Tenants) Regulations 2007

The Regulations translate the Act’s principal regulatory concepts into operational detail. The core concepts are disclosure, standardisation of contract terms, limitation of permitted fees, procedural protections for tenants at termination and in family‑violence contexts, local tenant representation, and bond administration. Each main concept appears in a cluster of regulations and Schedules.

Disclosure and standard terms

• Standard‑form agreements are prescribed by regulation 5 and set out in Schedules 1 (site‑only) and 2 (on‑site home). Those schedules include mandatory “Important information for tenants”, detailed standard clauses (eg. vacant possession, quiet enjoyment, entry rights), and a checklist of required disclosure documents (Schedules 1 and 2). The Regulations therefore operationalise s.10A and the Act’s standard‑terms regime by prescribing exact text and structure. This reduces variation among agreements and sets a common baseline of expectations.

Property condition reporting

• Regulation 7 prescribes the Schedule 5 property condition report as the inspection sheet under s.95(2)(a) of the Act, requires the park operator to complete the operator’s parts and give two copies to a proposed tenant before entering a long‑stay agreement (r.7(2)), requires tenants to complete and return their sections within 7 days of occupation (r.7(4)), requires both parties to complete post‑termination parts (r.7(5)), and criminalises false or misleading entries (r.7(6)). Penalties are up to $5,000 for non‑compliance in multiple subregulations.

Permitted fees and cost recovery

• Regulation 6 makes a written schedule of fees a required disclosure document. Regulation 8 lists the types of fees a park operator may charge (metered water, electricity consumption and supply charges, gas, phone, internet, gardening, storage, extra parking, air‑conditioning servicing, gutter cleaning, replacement security devices, and fees for temporary residents where numbers exceed the maximum occupancy). Supply charges are capped by reference to Energy Operators bylaws (r.8(3)). The Regulations thereby limit fee‑type scope and link supply charges to other regulatory instruments.

Park rules, consultation and committees

• Regulation 14A prescribes matters park rules must address (noise, parking, children’s conduct, shared facilities, storage outside premises, office hours, cleaning gutters, tree maintenance, emergency procedures, pet keeping). Regulation 14B prescribes a staged consultation procedure for making or altering park rules: a first notice, a 14‑day feedback period, a 28‑day consultation period to consider comments, specific thresholds (tenant objection by at least 10% triggers further consultation), final notice, and a 7‑day lapse to effect (r.14B(1)-(6)). Regulation 4 exempts subdivided parks (strata/community title schemes) from s.59 park liaison committee obligations. Regulations 14D-14E set specific voting and election procedures for forming the park liaison committee and filling vacancies, and regulation 15 prescribes committee functions (eg. advising on roads, lighting, fencing).

Security bond administration

• Regulations 18‑19 (inserted SL 2026/4) establish a clear administrative regime for security bond release applications, partial releases, notice to known relevant parties, agreement or dispute mechanics, payment by the bond administrator either on agreement of all known parties (r.18G) or under State Administrative Tribunal orders (r.18H), and the treatment of unclaimed bond amounts including transfer to an Unclaimed Security Bond Account and eventual Consolidated Account after 6 years (r.19). The regulations define “relevant party” (r.18A) and set penalties for improper conduct (eg. r.18B(5) prohibits a park operator asking a tenant to sign a release application prematurely with a $5,000 penalty).

Notices, defaults and urgent repairs

• Regulation 12 prescribes the minimum content of default notices (Schedule 9), regulation 13 prescribes the form for a notice of termination under s.45A(1) (Schedule 10), regulation 11 defines essential services for urgent repair purposes, and the standard Schedules set templates for default notices, termination notices and infringement forms. These instrument‑level forms reduce uncertainty over sufficiency of notices and create timeframes precisely (eg. default notice gives minimum 14 days per Schedule 9 note).

Enforcement framework

• Regulation 23 prescribes offences for which infringement notices may be issued under the Criminal Procedure Act 2004 Part 2, with modified penalties listed in Schedule 11. Regulation 24 authorises the Commissioner to appoint authorised officers and approved officers, and regulation 25 prescribes forms (Schedule 12 Forms 1-2). Where the Regulations specify a fine in a subregulation (eg. r.7(2), r.7(4), r.7(5), r.7(6)), those are fines under the Act/regulations; Schedule 11 captures a subset of contraventions eligible for infringement notice treatment with set modified penalties.

Interconnectedness with other written laws

• The Regulations reference and operationalise provisions in other Acts and instruments: Strata Titles Act 1985 and Community Titles Act 2018 for exemptions (r.4 and r.14A(2)), Electricity Corporations Act 2005 and Energy Operators bylaws for supply charge caps (r.8(1A), r.8(3)), Children and Community Services Act 2004 when prescribing persons who can provide family violence reports (r.13A), the Caravan Parks and Camping Grounds Regulations 1997 for prescribed goods (r.13B), and the State Administrative Tribunal for compensation and bond orders (r.16, r.18H, r.65 references in the Act). The Regulations therefore integrate local tenancy governance with sectoral licensing and administrative instruments.

In short, the Regulations take the Act’s policy choices and specify the operational processes, forms, time limits and monetary ceilings or penalties that determine the day‑to‑day behaviour of park operators, tenants, the bond administrator, and enforcement officers.

The Regulations directly and materially affect five principal groups: park operators (and their agents), long‑stay tenants (and former tenants), prospective tenants, the bond administrator and the Commissioner/authorised officers, and tenant representative bodies (park liaison committees). Secondary effects touch lawyers, real estate agents acting as managing agents, tradespeople performing urgent repairs, and State agencies named in referenced bylaws.

Park operators and managing agents

• Obligations to use prescribed standard‑form agreements (regulation 5; Schedules 1, 2), provide required documents including a written schedule of fees (regulation 6), complete the operator sections of the property condition report and give two copies to prospective tenants (regulation 7(2)), and to follow the prescribed process for making park rules (regulation 14B). Park operators bear costs for levies and rates (Sch 1/2 cl.37) and must comply with notice, entry and repair timeframes (Sch 1/2 clauses 28-36). Park operators also engage with the bond administrator and must not coerce tenants to sign bond release applications prematurely (r.18B(5)).

Tenants and prospective tenants

• Tenants must receive disclosure documents (Schedules 1 and 2), complete parts of the property condition report within 7 days of occupation (r.7(4)), may be required to pay permitted service fees only where disclosed and legitimately justified (r.6, r.8), and have specified rights regarding notice, quiet enjoyment and remedies for reduction in shared premises (Schedules 1 and 2 standard terms). Tenants also participate in park liaison committee elections and consultations and must follow rules about modifications, pets, cleaning gutters, parking and other matters (r.14A; Schedules).

Bond administrator and Commissioner

• The bond administrator is given new procedural duties under the 2026 amendments: receive and process security bond release applications (r.18B-18C), notify known relevant parties of applications (r.18D), record agreements/disputes and effect payments in accordance with agreements (r.18G) or State Administrative Tribunal orders (r.18H), and manage the Unclaimed Security Bond Account and transfer to the Consolidated Account after statutory timeframes (r.19). The Commissioner appoints authorised officers and approved officers to issue infringement notices and must maintain the Department’s website and BondsOnline eTransactions functionality for electronic processes (r.16A, r.24).

Park liaison committees and tenants’ representatives

• Rules for forming and operating the park liaison committee (regulations 14D-14E) impose procedural duties on the park operator to convene meetings or ballots at specific frequencies (at least once every 5 years and not more than annually, r.14D(5)), to provide notice periods, and to allocate voting by one tenant per long‑stay site (r.14D(4)). The committee has prescribed advisory functions (regulation 15) that affect park policy for roads, lighting and fencing.

Enforcement officers and authorised officers

• The Commissioner may appoint authorised officers to issue infringement notices (regulation 24). Schedule 11 lists the offences that attract modified penalties and the dollar amounts to be used in infringement notices (regulation 23, Schedule 11). Schedule 12 Forms prescribe the format of infringement notices and withdrawals.

Other affected parties

• Service providers for utilities are indirectly affected because compensation for supply charges is limited to separate metering and capped under energy bylaws (r.8). Tradespeople undertaking urgent repairs may be engaged by tenants or operators under the urgent repairs framework (Sch 1/2 cl.36). Local councils and strata/community title bodies are implicated where scheme by‑laws cover matters otherwise required in park rules (r.14A(2)).

Who pays and who decides

• Park operators pay for most compliance activities (preparing disclosure packs, completing property condition reports, conducting consultations, paying levies, and complying with repair and maintenance duties). Tenants pay permitted service fees only where separately metered or explicitly agreed (r.8; Schedules 1 and 2). The bond administrator, Commissioner and authorised officers carry administrative costs for notices and enforcement, though the Regulations require use of the Department’s BondsOnline eTransactions (r.16A) which centralises certain transaction costs electronically.

Behavioural change

• The Regulations prompt park operators to standardise paperwork and disclosure, to maintain documentary evidence of condition and notices, to participate in prescribed consultation steps for park rules, and to use the bond administrator process for bond releases and disputes. Tenants are expected to make prompt use of prescribed forms (eg. property condition report, Schedule 5; termination forms, Schedule 10) and to participate in committee votes according to prescribed procedures.

This section summarises the discrete duties imposed, the rights created, and the forms/processes that give them effect. Citations to the Regulations and Schedules identify the source for each duty/right.

Duties on park operators

• Use prescribed standard‑form agreements: regulation 5 prescribes the exact standard forms in Schedules 1 (site‑only) and 2 (on‑site). The Act also prohibits contravening requirements when entering agreements; Schedule 11 (s.10(2), s.10A(3)) attaches modified penalties to contraventions.
• Provide required documents: regulation 6 makes a written schedule of fees a required document (s.11(1) reference). Schedules 1 and 2 include a disclosure checklist and require a copy of an information booklet approved by the Commissioner.
• Complete and supply property condition reports: r.7(2) requires the park operator to complete those parts of the property condition report that record the operator’s opinion before tenancy starts and to give two copies to the proposed tenant; failure attracts a $5,000 fine per r.7(2) and a $1,000 modified penalty in Schedule 11 (r.7(2) is listed under Division 2 as r.7(2) $1,000? Note distinctions: r.7 contains standalone fines; Schedule 11 lists r.7(2) as an offence under these regulations with a modified penalty - see Schedule 11 Division 2).
• Maintain shared premises and undertake repairs: Sch 1 and Sch 2 clauses 35/34 set maintenance duties; urgent repairs obligations in clause 36/35 and regulation 11 prescribe essential services (electricity, gas, water including hot water, sewerage, and a functioning refrigerator if supplied).
• Consult on park rules and follow change process: r.14B prescribes first notice, feedback period (14 days), consultation period (28 days), thresholds (10% objection triggers further consultation), final notice and 7‑day lapse to effect (r.14B(1)-(6)). r.14A prescribes the matters park rules must include.
• Follow prescribed election and meeting procedures for park liaison committees: r.14D and r.14E set notice periods (7-14 days), ballot mechanics, secret ballot retention (14 days), voting entitlement (one tenant per long‑stay site) and frequency (at least once every 5 years, not more than once every 12 months, r.14D(5)).

Duties on tenants and prospective tenants

• Receive disclosure and return property condition report parts: r.7(4) requires the tenant to complete the tenant’s opinion parts within 7 days of occupation and give a copy to the park operator, with a $5,000 penalty. Tenants must also complete post‑termination parts (r.7(5)).
• Fill out default/termination forms and exercise rights: Schedule 9 provides default notice templates (r.12); Schedule 10 prescribes the family‑violence termination form and confidentiality obligations for park operators who receive it (r.13, Schedule 10 Part B).
• Pay permitted fees only as disclosed: r.6 and r.8 restrict fee types. Visitors’ fees are limited to circumstances where occupancy exceeds the maximum occupants (r.8(2)).
• Participate in committee nominations and votes: r.14E prescribes nomination notices and vote processes, including tenure not exceeding 2 years (r.14E(3)) and removal by vote (r.14E(4)).

Bond administration duties and rights

• Relevant parties defined: r.18A defines a relevant party as someone who is or was a party to a long‑stay agreement and in whose name the security bond amount is held.
• Application procedures: r.18B requires a security bond release application to be in an approved form, specify the amount to be paid to each relevant party, and not be made before termination except in defined circumstances (r.18B(3)-(4)). Park operators are prohibited from coercing tenants to sign release applications prematurely (r.18B(5)) with a fine ($5,000) and a modified penalty under Schedule 11 (r.18B(5) $1,000 in Division 2).
• Notice, agreement and dispute pathways: r.18D obliges the bond administrator to notify known parties of a release application and gives them the option to agree (r.18E) or dispute (r.18F). r.18G requires the bond administrator to pay out where all known parties have agreed; r.18H requires payment in accordance with State Administrative Tribunal orders.
• Treatment of unclaimed bonds: r.19 requires the bond administrator to notify park operator and tenant if 6 months have elapsed since termination and the bond remains; if still held after 60 days, the bond goes into the Unclaimed Security Bond Account; amounts remaining after 6 years are payable to the Consolidated Account.

Enforcement and penalties

• Modified penalties and infringement notices: regulation 23 designates offences listed in Schedule 11 as eligible for infringement notices under the Criminal Procedure Act 2004 Part 2; Schedule 11 provides specific dollar amounts (eg. many s.‑level offences $1,000; s.54 unlawful repossession $4,000; s.57C selling agent money handling $600). Regulation 24 allows the Commissioner to appoint authorised officers to issue infringement notices and to issue identity cards.
• Criminal fines in regulations: some subregulations carry express fines (eg. r.7(2), r.7(4), r.7(5), r.7(6) each specify “Penalty for this subregulation: a fine of $5 000”), which are separate from the modified penalties regime in Schedule 11. The coexistence of prescribed fines and modified penalties requires actors to consider both the Act/regulations and the infringement scheme when assessing compliance risk.

Rights

• Tenants have specific statutory rights reflected in the Schedules: quiet enjoyment (Sch 1 and Sch 2 clauses 27/26), limited entry rights (written notice and timeframes, Sch 1 and Sch 2 clauses 28/27 and 29/28), ability to undertake urgent repairs and seek reimbursement under conditions (Sch 1/2 clause 36/35), and avenues for compensation where site‑only agreements are terminated (r.16 prescribes matters the SAT may consider, including travel/transport costs up to 600 km). Tenants also have rights to confidentiality for family violence notices (Schedule 10 Part B) and avenues to dispute bond release applications (r.18F).

Who decides

• The bond administrator decides processing of bond applications and payments when there is agreement (r.18G) or on the basis of SAT orders (r.18H). The State Administrative Tribunal decides contested compensation and bond payment orders (r.16, r.18H). The Commissioner administers authorised officer appointments and the information booklet approval referenced in the Schedules.

The Regulations create a mixed enforcement architecture combining (1) specified statutory fines attached to particular regulatory duties, (2) a system of infringement notices and modified penalties under the Criminal Procedure Act 2004, and (3) administrative processes (bond administrator action, SAT orders) that themselves have compulsory effect.

Two distinct enforcement tools and how they operate

• Express fines in regulations: Several subregulations impose express penalties payable on conviction or under an associated provision. For example, r.7 contains a series of explicit fines: r.7(2) (park operator failing to complete and give property condition report) Penalty: a fine of $5,000; r.7(4) (tenant failing to complete tenant’s part within 7 days) Penalty: a fine of $5,000; r.7(5) (failure to complete post‑termination parts) Penalty: $5,000; r.7(6) (providing false or misleading information in report) Penalty: $5,000. Those fines are statutory penalties against the contravening person for breach of the regulations.
• Infringement notices and modified penalties: Regulation 23 designates the offences in Schedule 11 as eligible for infringement notices under the Criminal Procedure Act 2004 Part 2. Schedule 11 sets specific modified penalty amounts for a range of offences under both the Act and the Regulations. Examples: s.21(3) (park operator failing to give tenant receipt for security bond) modified penalty $2,000; s.54 (entering agreed premises to recover possession other than by SAT order) modified penalty $4,000; a range of administrative breaches carry a $1,000 modified penalty. Regulation 24 enables the Commissioner to appoint authorised officers to issue infringement notices and requires issuance of identity credentials for those officers.

Bond administration as enforcement mechanism

• The bond processing rules (r.18B-18H, r.19) allocate decision rights to the bond administrator to pay out bonds on agreement (r.18G), under SAT order (r.18H), or to place unclaimed funds into a designated Unclaimed Security Bond Account and eventually the Consolidated Account if unclaimed for statutory periods (r.19(4)-(6)). The bond administrator must notify known relevant parties of applications (r.18D), which creates an administrative check that can produce disagreements and trigger further SAT engagement. The regulations also prohibit park operators from coercing tenants to sign bond release applications prematurely and impose penalties (r.18B(5) with a fine of $5,000 in the regulation text and an associated modified penalty entry in Schedule 11).

Procedural protections and confidentiality

• Schedule 10 (family violence termination) prescribes that a park operator must keep information in the notice and accompanying documents confidential, and imposes a penalty up to $5,000 for failure to secure such information. The schedule also limits dissemination of accompanying documents and requires secure storage (Schedule 10 Part B).

Interaction with SAT and other enforcement avenues

• Where disputes over compensation or bond payments arise, the State Administrative Tribunal is the adjudicator (regulation 16 refers to the SAT having regard to travel and transport costs up to 600 km in compensation determinations; r.18H requires payment in accordance with SAT orders). Criminal prosecution remains available for contraventions that are not dealt with by an infringement notice, subject to the Act and Criminal Procedure Act 2004 processes.

Who enforces and how

• The Commissioner appoints authorised officers who may issue infringement notices (regulation 24). The bond administrator (an administrative function under the Act and these Regulations) processes bond applications and must follow the notification and payment processes in regulations 18-19. The State Administrative Tribunal provides judicial/adjudicative enforcement of compensation and bond payment disputes. Local courts and prosecuting authorities may proceed on offences not resolved by infringement notices.

Practical enforcement implications

• The existence of dual enforcement pathways (statutory fines and infringement notices) means parties should check whether an alleged contravention is listed in Schedule 11 (infringementable with modified penalty) or specified in a regulation with an express fine. The bond administrator’s procedural obligations add an administrative route to resolving bond disputes, and the Unclaimed Security Bond Account creates an automatic flow of unclaimed funds to government after the prescribed period (r.19(4)-(6)).

The Regulations are densely cross‑referenced with other Western Australian written laws and instruments and therefore operate within a network of statutory regimes. Key interplays are with the Act itself, sectoral energy regulation, strata/community title legislation, family and child protection laws, caravan‑park licensing regimes, and enforcement statutes.

Statutory context with the Act

• These Regulations are subordinate instruments to the Residential Parks (Long‑stay Tenants) Act 2006 and give content to provisions referenced throughout the Act (eg. required documents under s.11(1) are specified in r.6; standard‑form agreements under s.10A are prescribed by r.5). The Regulations therefore cannot override the Act but supply mandatory detail for its operation.

Energy regulation and supply charges

• Regulation 8(1A) defines Electricity Generation and Retail Corporation and Regional Power Corporation by reference to the Electricity Corporations Act 2005 and the Electricity Industry Act 2004, and r.8(3) caps supply charges by referring to specific provisions in the Energy Operators bylaws: the Energy Operators (Electricity Generation and Retail Corporation) (Charges) By‑laws 2006 Schedule 1 clause 6(2)(a)(ii) and the Energy Operators (Regional Power Corporation) (Charges) By‑laws 2006 Schedule 1 clause 3(2)(a)(ii). Practitioners must consult those bylaws to determine numeric caps and to ensure compliance when charging supply fees. The Regulations therefore anchor a tenancy cost‑recovery provision to existing energy price governance instruments.

Strata and community title regimes

• Regulation 4 exempts residential parks situated on land subdivided under the Strata Titles Act 1985 or the Community Titles Act 2018 from the Act’s park liaison committee requirement (s.59 of the Act). Regulation 14A(2) also excludes matters from required park rules where scheme by‑laws under those Acts already govern the matter. That creates a legal interface where strata/community governance supersedes park rules processes for certain matters.

Children, family violence and court processes

• Regulation 13A prescribes persons who can supply a report for family violence purposes in s.45A(2)(d)(vi) of the Act, including persons in charge of Aboriginal legal, health or welfare organisations and officers under the Children and Community Services Act 2004 authorised by the CEO. Schedule 10 sets the content and confidentiality protections for family‑violence termination notices. The Regulations therefore interlock with family‑law and child‑welfare frameworks to give operational effect to the Act’s special termination rights for family violence.

Caravan park licensing and prescribed goods

• Regulation 13B prescribes goods for the purpose of s.47A(b) of the Act: a caravan subject to a notice under the Caravan Parks and Camping Grounds Regulations 1997 Part 6 is a prescribed good. Where a caravan park operates under a licence, that instrument may allow or constrain age restrictions or other terms (see Schedule notes in Schedules 1 & 2).

Enforcement and infringement regimes

• Regulation 23 brings specified offences within the Criminal Procedure Act 2004 Part 2 infringement notice process, and Schedule 12 prescribes the infringement and withdrawal forms. The infringement enforcement mechanism interacts with the Fines, Penalties and Infringement Notices Enforcement Act 1994 processes described in Schedule 12 Form 1 (how unpaid modified penalties may be enforced).

State Administrative Tribunal and compensation

• Regulation 16 prescribes matters the SAT may consider when determining compensation on termination of site‑only agreements, expressly including travel and transport costs up to 600 km. Regulation 18H requires the bond administrator to pay out security bond amounts in accordance with SAT orders. Practitioners must therefore prepare for SAT’s jurisdiction to resolve contested compensation and bond disputes.

Administrative platforms and electronic service

• Regulation 16A authorises electronic service where tenant and park operator agree, and it defines BondsOnline eTransactions as the Department’s electronic system for bond transactions. This links the Regulations to the Department’s operational IT infrastructure and suggests reliance on the Department’s website for notices, bond deposits, and release applications.

Rates, taxes and water charges

• Sch 1/2 clause 37 references the Land Tax Act 2002, Local Government Act 1995, and Water Services Act 2012 in allocating responsibility for rates, taxes and charges to the park operator, with an exception for the volume component of water charges. That cross‑references local government and water charging regimes to landlord obligations under the Act/Regulations.

Taken together, the Regulations are not a stand‑alone instrument: compliance requires checking several external instruments (energy bylaws, caravan park regulations, strata/community by‑laws, the Department’s BondsOnline systems, and the SAT practice). The Regulations provide the procedural and technical linkages to those regimes and, in many cases, make compliance contingent on the content of those external instruments.

The Regulations have been amended multiple times; the compilation table and amending provisions in the text show an incremental evolution of form, procedure and bond administration. The authoritative timeline in the Regulations themselves is the compilation table at the end and the marginal notes showing where provisions were inserted or amended.

Key amendment events and mechanical effects

• Original enactment and commencement: the Residential Parks (Long‑stay Tenants) Regulations 2007 were published 1 August 2007 and came into operation (regulation 2 indicates r.1-2 commenced on publication date; rest on the Act’s commencement). The Regulations established the initial framework including forms and default notice templates.
• 2011, 2013, 2019 amendments: The compilation table records amendments in 2011 (Amendment Regulations 2011), 2013 (Amendment Regulations 2013), and 2019 (Commerce Regulations Amendment (Family Violence) Regulations 2019). The 2019 amendments inserted family‑violence specific content, including Schedule 10 forms and confidentiality protections (see Schedule 10; r.13A inserted Gazette 9 Apr 2019).
• 2021 reform package: The Residential Parks (Long‑stay Tenants) Amendment Regulations 2021 (SL 2021/205) appear to have been a substantial rewrite and insertion of multiple provisions. The marginal notes show many provisions were "inserted: SL 2021/205 r. x". The 2021 amendments introduced the standard‑form agreements in Schedules 1 and 2, property condition report format (Schedule 5), park rules procedures (r.14A, r.14B), the park liaison committee processes (r.14D, r.14E, r.15), and new enforcement/infringement entries (Schedule 11) and forms (Schedule 12).
• 2025 minor amendment: Residential Parks (Long‑stay Tenants) Amendment Regulations 2025 (SL 2025/188) amended r.8 (types of fees) , marginal note records the amendment (r.8 amended SL 2025/188 r.4). This tied electricity supply charging details to updated energy bylaws.
• 2026 Commerce amendments and bond reforms: The Commerce Regulations Amendment (Residential Tenancies and Residential Parks) Regulations 2026 (SL 2026/4) inserted a package of provisions relating to electronic service (r.16A), deleted r.17, and extensively reworked security bond handling by inserting r.18-r.19 and a suite of regs r.18A-18H. It also inserted transitional provision r.29 to deal with existing bond applications filed before commencement of the 2026 Part 2 changes, and updated Schedule 11 with a Division 2 offences list including r.18B(5) as an infringementable offence. The compilation table notes the entry into force for Part 2 of the 2026 amendment regulations as 28 March 2026 (SL 2026/31 cl.2(f)).

Transitional provisions

• Regulation 26 provides a transitional rule for notices to be given before the end of fixed terms where a fixed term was already in force when the Amendment Act 2020 section 31 commenced, effectively treating a prompt post‑commencement notice as compliance if the commencement day falls within the prescribed “relevant period.”
• Regulation 28 phases in the application of sections to pre‑existing park rules, with a 12‑month delay after the commencement of a specified amendment (Residential Parks (Long‑stay Tenants) Amendment Act 2020 s.53).
• Regulation 29 preserves processing of existing bond applications under the former regulation 18 where applications were already in the system before the 2026 amendments took effect.

Practical significance of amendments

• The major 2021 rewrite standardised agreements and introduced park governance procedures (park rules and liaison committees), while the 2026 amendments materially changed bond administration, introducing a comprehensive administrative pathway that moves many bond disputes into a centralised bond administrator process and retains SAT jurisdiction for contested orders. The family violence amendments (2019) and urgent repairs/essential services specifications (r.11) inserted protections and practical definitions.

For practitioners, the amendment history shows increased prescription and central administrative control over key transactional elements (agreements, disclosure, bond handling) over time. Each amendment also introduces transitional rules that may affect how previously executed contracts or pending applications are processed; r.29 explicitly preserves existing bond applications under former rules to avoid retroactive disruption.

The text of these Regulations and their Schedules contains no case law, judicial decisions, or appellate authority. The compilation and marginal notes include only legislative references and amending instrument citations; they do not cite any court or tribunal decisions.

Operationally, the Regulations rely on administrative and tribunal mechanisms for dispute resolution rather than court precedents within the instrument itself: the State Administrative Tribunal is the decision maker for compensation determinations and is referenced in the Regulations (regulation 16, regulation 18H). The presence of SAT as the statutory adjudicator indicates that contested bond payments and compensation disputes will be routed through SAT practice and decisions, rather than being resolved solely in criminal or civil courts.

For practitioners seeking litigation history:

• The Regulations do not name any published decisions or provide an internal list of precedent. Any judicial or SAT decisions interpreting these Regulations or the Act would need to be located in tribunal or court databases; none are contained in this instrument.
• The enforcement mechanisms present (infringement notices, SAT orders) suggest typical disputes will appear in administrative tribunal records (SAT) and possibly in local courts where offences proceed beyond infringement notices or where prosecution is elected.

In short, the Regulations themselves do not supply a litigation history; to assess how courts or SAT have interpreted particular provisions (eg. adequacy of disclosure, sufficiency of park rules consultation, reasonableness of bond disbursements), one must search SAT and court decisions external to the Regulations.

These are practical traps, friction points, and legal details that commonly cause compliance errors or unexpected outcomes because of how the Regulations are drafted.

Obligation to exchange property condition reports before/soon after occupation with significant fines

• The park operator must complete and give two copies of the operator’s part of the property condition report before entering into an agreement (r.7(2)). Tenants must complete their portions within 7 days of occupation (r.7(4)). Each of these subregulations carries a stated penalty of $5,000 for breach (r.7(2), r.7(4)) and Schedule 11 also lists r.7(2), r.7(4), r.7(5), r.7(6) as infringementable offences with modified penalties (Division 2). Failure to follow the exact form in Schedule 5 or to keep copies will attract enforcement risk.

Tension between statutory fines and modified penalties

• Some obligations carry express fines in the regulation text (eg. r.7 fines $5,000), while Schedule 11 prescribes modified penalties for certain breaches that can be enforced by infringement notices (regulation 23). Practitioners must determine whether conduct is subject to a modified penalty process or to prosecution/penalty fine , the Regulations do not eliminate the possibility of both pathways. This requires careful compliance and early engagement with enforcement officers to avoid escalations.

Park operator restrictions on collecting fees

• Regulation 6 and r.8 restrict the types of fees that can be charged and require that a written schedule of fees be included in required documents. Fees for utilities require separate metering (r.8(1)(b), (c), (d)), and supply charges are capped by reference to energy bylaws (r.8(3)). Charging or attempting to collect fees not listed or not disclosed in the required documents risks an infringement under s.12(1) and r.23/Schedule 11 (s.12(1) modified penalty $1,000).

Bond release and premature signature risk

• Regulation 18B(5) prohibits park operators from asking tenants to sign bond release applications unless the long‑stay agreement terminates (or other narrow exceptions). The text attaches a penalty ($5,000) and Schedule 11 includes r.18B(5) as an infringementable offence. Many practices in the field (for example, landlords asking tenants to sign forms to speed up exit) may unintentionally breach this rule.

Unclaimed bond flow to Consolidated Account after statutory timeframes

• If a security bond amount is not paid out and the bond administrator reasonably believes 6 months have passed since termination, the administrator must notify park operator and tenant and invite application; if still unclaimed after 60 days it goes into the Unclaimed Security Bond Account and, if it remains there for 6 years, it must be paid into the Consolidated Account (r.19(2)-(6)). Parties who delay claiming bond refunds risk losing access to the money over multi‑year time horizons.

Park rules required content and consultation thresholds

• Regulation 14A prescribes a list of matters that must be in park rules unless covered by strata/community by‑laws (r.14A(2)). Regulation 14B prescribes procedural steps for making or varying rules and sets a 10% objection threshold that triggers consultation. Park operators who bypass the prescribed consultation steps risk an infringement or challenge from tenants; tenants who fail to engage timely may forfeit an opportunity to shape rules. The 7‑day lapse to effect after final notice (r.14B(6)) is short and may catch parties who expect longer consultation.

Voting and committee formation mechanics

• Voting procedures for forming park liaison committees are prescriptive: one vote per long‑stay site (r.14D(4)), notice periods (7-14 days depending on method), secret ballot retention (14 days, r.14E(2)(f)), differing quorums based on park size (r.14E(1)(b)-(c)), and frequency (at least once every 5 years but not more than once every 12 months, r.14D(5)). Missteps in ballot procedure (eg. incorrect notice timing, failure to issue ballots to each long‑stay site) can invalidate an election or expose the park operator to complaints.

Electronic service requires consent and correct addresses

• Regulation 16A permits electronic service by agreement and sets BondsOnline eTransactions as the authorised bond platform. Parties relying on email service must ensure valid email addresses are recorded and consent is properly captured; r.16A(2)(a) conditions electronic service on agreement by tenant and operator. Mistaken reliance on email service without agreement may render a notice invalid.

Supply charge caps depend on external bylaws

• The supply charge cap in r.8(3) is not a numeric cap in these Regulations but refers to clauses in external Energy Operators bylaws. Practitioners must consult those bylaws to calculate actual permissible supply charges; failing to do so risks overcharging and potential infringement.

Confidentiality obligations for family violence notices

• Schedule 10 requires strict confidentiality for family violence documents with a $5,000 fine for unauthorised disclosure. Park operators must put secure handling procedures in place and train staff on handling such documents. There are penalties for mishandling that may not be obvious to general administrative staff.

Partial bond release is narrow and conditional

• Regulation 18C allows partial release of bonds only in limited cases (rent reduced or pet bond relating amount returned after pet no longer on premises). Other commonly desired partial release reasons are not provided for, which can surprise operators used to more flexible arrangements.

Transitional complexity

• Transitional regulations (r.26, r.28, r.29) mean that some documents and agreements executed around amendment commencement dates will be subject to differing regimes. Parties who do not check commencement date and transitional clauses risk non‑compliance because old processes may still apply (eg. pending bond applications under former regulation 18 preserved by r.29).

This section gives step‑by‑step, source‑grounded, practical compliance actions for park operators, tenants, managing agents, and the bond administrator. Citations to the Regulations identify the rules that create each duty.

For park operators (core checklist)

1. Use prescribed standard‑form agreements

   • Adopt the Schedule 1 (site‑only) or Schedule 2 (on‑site home) form for all new standard long‑stay agreements as required by regulation 5 and Schedules 1-2. Ensure non‑standard terms are separately identified and the tenant is advised to obtain independent advice, as the schedule requires.

2. Prepare and give required documents at the correct time

   • Include a written schedule of fees as a required document per regulation 6. Provide the information booklet approved by the Commissioner and the property condition report (operator parts) before tenancy commences (r.7(2); Schedule 5). Keep records of delivery and obtain tenant signatures/acknowledgements.

3. Complete and retain property condition reports

   • Complete the operator’s sections in Schedule 5 before the tenancy starts and give two copies to the proposed tenant (r.7(2)). Retain copies and evidence of delivery to avoid exposure to the $5,000 penalty or infringement action listed in Schedule 11.

4. Follow the park rules amendment and consultation process

   • If you intend to create or alter park rules, give the first notice in the approved form, allow tenants 14 days to comment, consider written comments within 28 days, consult further if 10% of sites object, and issue a final notice with a 7‑day lapse to effect (r.14B(1)-(6)). Make sure park rules include prescribed matters unless strata/community by‑laws already cover the matter (r.14A(1)-(2)).

5. Observe default and termination notice forms and content

   • Use Schedule 9 for default notices (r.12) and Schedule 10 for family‑violence termination notices (r.13). Ensure default notice timeframes and content comply (eg. 14‑day minimum to remedy arrears per Schedule 9 note referencing s.39(4)(a) , see Schedule 9 Key Dates).

6. Manage security bonds per the new procedures

   • Do not ask a tenant to sign a security bond release application unless the long‑stay agreement has terminated or the narrow exceptions in r.18B(4) or r.18C apply (r.18B(5)). If you are a relevant party and need a bond release, submit the security bond release application in the bond administrator’s approved form and provide the split of payments (r.18B(1)-(2)). Expect bond administrator notices to known parties (r.18D) and be prepared to agree (r.18E) or lodge a dispute (r.18F).

7. Maintain records for elections and park liaison committees

   • For votes under s.59 and formation/election under r.14D-14E, provide required notices, distribute ballots properly, record show‑of‑hands votes where applicable, manage proxies, and retain secret ballots for 14 days (r.14D(2)-(3); r.14E(2)(f)). Keep nomination lists and record voting counts to address ties per r.14E(2)(e).

8. Ensure repairs and urgent repairs processes are followed

   • Treat electricity, gas, water (including hot water), sewerage and a supplied functioning refrigerator as essential services for urgent repairs (regulation 11). Ensure tenants can contact a suitable repairer and reimburse tenants who act under urgent repair rights when the operator fails to respond within the specified timeframes (Sch 1/2 clause 36/35).

9. Train staff on confidentiality and family violence forms

   • For Schedule 10 notices, adopt secure storage and access protocols, and train staff not to disclose contents except as allowed by law (Schedule 10 Part B confidentiality obligations and penalty).

For tenants and prospective tenants (practical steps)

1. Obtain and review required documents before signing

   • Insist on the information booklet, written schedule of fees (r.6), property condition report (operator’s parts) and the standard‑form agreement. Use the checklist in Schedules 1 or 2 as confirmation all documents have been provided.

2. Complete the tenant portions of the property condition report promptly

   • Complete the tenant’s parts within 7 days of occupation and give a copy to the park operator (r.7(4)). Keep your copy as evidence for bond disputes.

3. Understand permitted fees and require written disclosure

   • Do not agree to fees not listed in the required fee schedule. For utilities, confirm separate metering where the operator seeks to charge consumption-based fees (r.8(1)(b)-(d)).

4. Use prescribed forms for termination (including family violence)

   • If terminating due to family violence, use the Schedule 10 form and attach any of the listed accompanying documents. Expect co‑tenants to receive copies but not accompanying documents (Schedule 10 Part B).

5. Participate in rule consultations and committee elections

   • Monitor notices about rule proposals (r.14B), submit written comments during the 14‑day feedback period, and nominate or vote for liaison committee members under the prescribed procedures (r.14E).

For managing agents and selling agents

• Follow Schedule 1/2 clauses on selling agency agreement requirements (r.14C requires details of relocatable home, park, time period, services and commission structure). Avoid requiring tenants to appoint particular selling agents (s.57 and Schedule 11 prescribe offences and modified penalties).

For the bond administrator and Department

1. Set up BondsOnline eTransactions and the Unclaimed Security Bond Account

   • Implement BondsOnline eTransactions to accept electronic applications and payments as defined in r.16A(1)-(2). Establish the Unclaimed Security Bond Account in the Rental Accommodation Account per r.19(7).

2. Observe notification, dispute and payment procedures

   • When a partial or full security bond release application is lodged, notify known relevant parties per r.18D(2), accept agreements per r.18E, record disputes per r.18F(3) and pay out where unanimous agreement exists (r.18G) or where SAT orders require (r.18H). Maintain records of notices and consent.

3. Manage unclaimed funds according to statutory timeframes

   • If 6 months have elapsed since termination and the bond is unreleased, notify park operator and tenant inviting an application (r.19(3)); if unclaimed after 60 days, transfer to Unclaimed Security Bond Account (r.19(4)); pay into Consolidated Account after 6 years (r.19(5)).

General compliance practices

• Keep contemporaneous records: copies of disclosure documents, dates of notices given, delivery receipts for property condition reports, ballots and vote records, bond release applications and bond administrator correspondence.
• Use the approved forms and follow the exact timing in the Regulations: default notices and termination notices have prescribed content (regulation 12; Schedule 9 and Schedule 10).
• Check external instruments when setting fees: consult the Energy Operators bylaws for supply charge caps referenced in r.8(3) and local law/strata by‑laws for matters that may displace park rules (r.14A(2)).
• If in doubt, seek SAT guidance or apply to SAT: where disputes cannot be resolved administratively (eg. bond disputes, compensation disputes), the State Administrative Tribunal is the intended forum (r.16; r.18H).

This compliance roadmap is entirely anchored in the Regulations’ text (regulations 5-19, schedules 1-12). Parties should maintain a compliance file that cross‑references the relevant regulation number for each required document and action to facilitate audits or enforcement interactions.