32Applications to Civil and
Administrative Tribunal for dispute resolution
(1)
A relevant party may apply to the Civil and
Administrative Tribunal for the resolution of an occupancy principles
dispute.
(2)
A relevant
party is:
(a)
a resident or former resident of a registrable
boarding house (or an authorised representative of the resident or former
resident), or
(b)
a proprietor or former proprietor of a
registrable boarding house.
(3)
An occupancy
principles dispute is a dispute between relevant parties
about the application of the occupancy principles in relation to a resident or
former resident of a registrable boarding house.
(4)
The Tribunal may, on application under this
section, make one or more of the following orders:
(a)
an order that restrains any action in
contravention of the occupancy principles,
(b)
an order that requires an action in performance
of the occupancy principles,
(c)
an order for the payment of an amount of money
(including an order for the refund or repayment of some or all of an amount
paid as an occupancy fee or security deposit),
(d)
an order as to compensation,
(e)
an order that a party to the occupancy agreement
perform such work or take such other steps as the order specifies to remedy a
contravention of the occupancy principles,
(f)
an order that requires payment of part or all of
an occupancy fee to the Tribunal until the whole or part of the occupancy
agreement has been performed or any application for compensation has been
determined,
(g)
an order that requires an occupancy fee paid to
the Tribunal to be paid towards the cost of remedying a contravention of the
occupancy principles or towards the amount of any
compensation,
(h)
an order directing a proprietor,
proprietor’s agent or resident to comply with a requirement of this
Part,
(i)
an order directing a proprietor or
proprietor’s agent to give a former resident or person authorised by a
former resident access to a registrable boarding house for the purpose of
recovering goods of the former resident or fixtures that the former resident
is entitled to remove.
(5)
The Tribunal must not make an order for:
(a)
the payment of an amount that exceeds the amount
(if any) prescribed by the regulations for the purposes of this section,
or
(b)
the performance of work or the taking of steps
the cost of which is likely to or will exceed the amount (if any) prescribed
by the regulations for the purposes of this
section.
(6)
A reference in this section to the occupancy
principles is a reference to those principles as they apply under this Part in
relation to residents of registrable boarding houses under occupancy
agreements.
s 32: Am 2013 No 95,
Sch 4.3 [2].