Proactive compliance visit - Residential parks

Consumer Protection staff organise regular proactive compliance visits to licensed or registered people throughout the state.  The visits aim to ensure the laws are followed, help educate what the laws means on a practical level and provide information about changes.  

If you would like more information please contact the Consumer Protection Advice Line team on 1300 304 054 or by email.

Preparing yourself

What is proactive compliance?

The function of Proactive Compliance is to assist park operators in complying with legislative requirements, to identify and rectify areas of risk and provide advice to park operators. This is achieved through voluntary agency visits.

Objectives of the Proactive Compliance program

The Proactive Compliance Program is education based and designed to provide advice and guidance to residential park operators. Department of Commerce, Consumer Protection Division (CP) role is to assist residential park operators to be fully compliant with the relevant legislation.

This program will benefit both the residential park industry and CP by limiting the number of potential breaches of the legislation, which will reduce the amount of time operators may spend in responding to more formal queries, and allow investigators’ time to be utilised more effectively on serious compliance issues.

How the visit is conducted

A proactive compliance visit entails:

  • meeting with the person in charge of the residential park operation;
  • a review of documentation listed below (under 'what you will need');
  • discussion on how to achieve / maintain compliance;
  • clarification of any questions; and
  • introduction to the Park Liaison Committee (where applicable).

The visit may be conducted by 1 or 2 proactive compliance officers and takes approximately 1 - 2 hours.

What you will need 

To ensure the visit is conducted as quickly and effectively as possible and to minimise disruption to your business operations we would be pleased if you would have the following information available at the appointed time of our visit:

  • disclosure documents provided to long-stay tenants before they sign a lease agreement – see checklist;
  • rent records and rent receipts;
  • bonds paid to the park and documentation from the holder of the bonds showing corresponding deposits; and 
  • any termination notices issued by park management in the previous 12 months.

Legislation

The Residential Parks (Long-stay Tenants) Act 2006 and the Residential Parks (Long-stay Tenants) Regulations 2007 can be viewed on the State Law Publisher website.

Proactive visit checklist 

A copy of the official checklist form can be emailed to you on request when the visit booking is made. The checklist covers the following items:

Proactive compliance visit checklist for Residential Parks.
Description Legislation
Administration
Check entity name correct
Directors / partners names
Registered company address
Park street address
Postal address
Park email address
 
Park Details
Is the council licence displayed? s.13(2) CPCG Act
1995
How many licensed sites are in the park?  
How many sites are currently occupied?  
How many long-stay sites are.  
What size is the park?  
Pre-Contract
Are all prospective long-stay tenants given a copy of the following documents prior to signing the written agreement: s.11
  • Proposed agreement
s.11
  • Information booklet
s.11
  • Written schedule of fess and charges payable
s.11
  • Condition report
s.11
  • Park rules
s.11
  • Written information of the membership and function of the Park Liaison Committee (if a PLC exists)
s.11
  • Information sheet
s.11
  • Particulars of any restrictions or conditions that could affect the sale of the prospective tenants relocatable home
s.11
  • Do prospective long-stay tenants sign an acknowledgement on receipt of the above documents?
Regs Div 10
 Sch 1-4
  • Are prospective site-only tenants aware of cooling off period? (5 days if above information provided on time or 10 days after information provided unless already taken up occupation of the agreed premises.)
s.18
  • Are propective long-stay tenants advised of the terms of the park's operating licence and any conditions imposed on that licence?
s.15(1)(c)
  • Do you plan to sell, extend or otherwise change the way the park is currently structured?
 
Contracts
How many of the long-stay tenants have signed and returned a written agreement?  
How many of the long-stay sites are covered by a fixed term lease entered into before 3 August 2007?  
What steps have you undertaken to have the remaining long-stay tenants enter into written agreements? s.7 & s.10
Do long-stay tenants receive a fully executed copy of their long-stay agreement within 21 days after it was first
signed by the tenant?
s.17
Where the owner of the park is a corporation, are long- stay tenants advised of the full name and business address of the company secretary? s.15(1)(b)
Have there been any sales of relocatable homes on site within the previous 12 months? If so, who was the agent? ss.55, 56,
57, 58
Rent / bonds 
How much is the weekly rent? (View receipt records) s.26
Have there been any rent variations in the previous 12 months? If so, check notice, contract, 6 month period. s.30 s.31
Minimum 60 day written notice given? s.30 s.31
Allowed in contract? s.30 s.31
6 months from last increase or after last day of the fixed term? s.30 s.31
Was there an application for rent reduction by a long-stay tenant to SAT in the previous 12 months? If so, what was the outcome?  
How much is the bond? s.21
Is a security device/pet bond charged? If so, how much? s.21
Are tenants charged any other fees? If so, what for? (Allowed under the RPA?) s.12
Regs
Sch 8
Where are long-stay tenant bonds deposited? s.22
Are bonds deposited within 14 days of receipt? (View records) s.22 s.23(1)
Park Liaison Committee 
Are there more than 20 long-stay sites in the park? s.59
If so, has a PLC been formed? ss.59, 60 &
61
Reg R.15
Name and contact details of the PLC person (If applicable)  
If no PLC in place, what steps have been taken to encourage the long-stay residents to form a PLC? s.59(2)
Sales of private park homes by park owner
Funds deposited into an ADI account in the of the park operator and long-stay tenant entitled "sale trust account"? s.58
Are funds paid out at the direction of the tenant after deducting expenses and commission? s.58
Abandoned goods
Have any long-stay tenants abandoned goods when vacating a tenancy within the last 12 months? If so, how did you deal with the goods? ss.48-52 ss.75-77

 

 
Consumer Protection
Checklist
Last updated 01 Sep 2017

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