NSWIn ForceRegulation
Residential Tenancies Regulation 2019
25Refuge or crisis accommodation
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#### 25 Refuge or crisis accommodation
25 Refuge or crisis accommodation
> > (1) A residential tenancy agreement under which a person resides in refuge or crisis accommodation provided by a prescribed authority is exempt from the operation of the Act.
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> > (2) A residential tenancy agreement under which a person resides in a moveable dwelling that is in a caravan park is exempt from the operation of the Act if—
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> > > (a) the dwelling is owned by the owner or operator of the caravan park, and
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> > > (b) the person is residing in the caravan park as a result of a written referral made to the owner or operator by a prescribed authority, and
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> > > (c) the referral specifies that accommodation in the caravan park is required as temporary refuge or temporary crisis accommodation, and
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> > > (d) the referral has not expired.
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> > (3) For the purposes of subclause (2), a referral expires at the end of 30 days (or, if extended, 60 days) after the day on which the person started to reside, as a result of the referral, in the caravan park.
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> > (4) A referral may be extended by written request, made by the prescribed authority to the owner or operator of the caravan park, for the owner or operator to continue providing accommodation in the caravan park to the person.
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> > (5) Despite subclauses (1) and (2), an exemption under this clause does not apply if the parties to the agreement agree in writing that the agreement is not to be exempt.
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> > (6) In this clause—
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> > caravan park means land on which caravans (or caravans and other moveable dwellings) are installed or placed and includes a manufactured home estate within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).
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> > moveable dwelling has the same meaning as in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) but does not include a tent.
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> > operator, of a caravan park, means a person who manages, controls or otherwise operates the caravan park, whether or not the person is the owner of the caravan park.
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> > prescribed authority means—
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> > > (a) a public authority, or
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> > > (b) a council, or
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> > > (c) another body or organisation that is wholly or partly funded by the Commonwealth or the State, or
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> > > (d) an agency of the Commonwealth or the State.