Disputes can be resolved in a few different ways. A person involved in a dispute can contact the Tenancies Branch of Consumer and Business Services. They can assist in conciliating the dispute. Or, an application can be made to the South Australian Civil and Administrative Tribunal (SACAT) for a particular order.
Some disputes can be sent to mediation to help the parties negotiate a solution to their dispute. Mediators can make consent orders which are the same as if the South Australian Civil and Administrative Tribunal (SACAT) had made the order. Or, the dispute may go to a hearing at the Tribunal.
Disputes can be resolved by:
- negotiation and conciliation
- mediation and a consent order being made
- decision by SACAT and an order being made
The South Australian Civil and Administrative Tribunal (SACAT)
The South Australian Civil and Administrative Tribunal (SACAT) has exclusive jurisdiction to hear and determine a residential park dispute.
The Tribunal can not hear claims for money over $40 000 unless both parties consent in writing. Once consent is given it cannot be revoked (taken back).
If there is no consensus for the Tribunal to hear a claim for over $ 40 000 then it must be heard in a court with jurisdiction to hear the matter [see Residential Parks Act 2007 (SA) s 103].
SACAT can make many different orders after one of the parties has lodged an application [see Residential Parks Act 2007 (SA) s 116]. The hearings are informal and the parties can usually attend and represent their cases themselves. SACAT also has the power to issue a restraining order to a resident or their visitor, on an application by the park owner, if there is a risk of serious injury or damage occurring. Breaching this restraining order is an offence and attracts up to one year imprisonment.
See also 'RESOLVING TENANCY DISPUTES'.
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