South Australia
Housing Improvement Act 2016
An Act to provide for measures to address housing that is unsafe or unsuitable for human habitation; to control the rent of unsafe or unsuitable housing; and for other purposes.
Contents
Part 1—Preliminary
1Short title
3Objects of Act
4Interpretation
5Prescribed minimum housing standards
6Application of Act
Part 2—Administration
Division 1—Minister
7Functions
8Delegation
Division 2—Authorised officers
9Appointment of authorised officers
10Identity cards
11Powers of authorised officers
12Offences by authorised officers etc
Part 3—Orders, notices and other action to deal with unsafe or unsuitable housing conditions
Division 1—Housing assessment orders, housing improvement orders and housing demolition orders
13Housing assessment orders
14Housing improvement orders
15Housing demolition orders
16Registration of housing assessment order, housing improvement order or housing demolition order
17Action by Minister on non‑compliance with housing assessment order, housing improvement order or housing demolition order
18Recovery of costs and expenses incurred by Minister
19Action, and recovery of costs and expenses, by registered mortgagee or encumbrancee or by tenant
20Owner of residential premises may seek reimbursement of costs and expenses from other owners
21Interaction of this Division with Real Property Act 1886
Division 2—Notice to vacate
22Notice to vacate
23Power of Tribunal to make order for ejectment or compensation
24Enforcement of ejectment order
Division 3—Rent control notices
25Rent control notices
26Offence to charge more than maximum rent under rent control notice
Division 4—Special provisions relating to prescribed residential tenancy agreements
27Landlord must give notice of intention to carry out inspections or works under housing assessment order or housing improvement order
28Landlord must keep and provide record of rent if rent control notice applies
29Termination of prescribed residential tenancy agreement by tenant
30Termination or variation of prescribed residential tenancy agreement by landlord
Division 5—Obligation to publicise orders and notices
31Orders and notices under this Part to be displayed on premises
32Orders and notices under this Part to be declared in advertisements for sale or lease of land and in lease agreement
Division 6—Review by Tribunal
33Review by Tribunal
Part 4—General duty
34General duty
Part 5—South Australian Civil and Administrative Tribunal
35Jurisdiction of Tribunal
36Intervention by Minister
37Amendment of proceedings
38General powers of Tribunal to resolve housing improvement tenancy disputes
39Restraining orders
40Special powers to make orders
42Reasons for decisions
43Time for application for review or instituting appeal
44Representation in proceedings before Tribunal
45Remuneration of representative
Part 6—Register
46Register
Part 7—Miscellaneous
47Contract to avoid Act
48Protection from liability
49Offences by bodies corporate
50Tribunal may exempt agreement or premises from provision of Act
51Service
52False or misleading information
53Continuing offences
54Commencement of proceedings for summary offences
55Orders in respect of contraventions
56Recovery from related bodies corporate
57Joint and several liability
58Evidentiary provisions
59Regulations
Schedule 1—Transitional provisions
Part 5—Transitional provisions
23Interpretation
24Declarations by councils that houses unfit for habitation
25Notice of intention to declare house sub‑standard
26Notice declaring house to be sub‑standard
27Notice fixing maximum rental
28Notice fixing maximum rental for partial letting or subletting
29Notice fixing maximum rental for furniture
30Continuation of action in progress immediately before commencement of this Part