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Legislative Assembly for the ACT: 2004 Week 09 Hansard (Tuesday, 17 August 2004) . . Page.. 3788 ..

to the land and any fixtures provided by the grantor, but not to the mobile home. It ensures that the grantor is entitled to enter the mobile home only with reasonable notice, only at reasonable times and only on reasonable grounds and for reasonable purposes.

We are probably all aware that this has not been done in the past and that the grantors, or people in that position, have entered privately owned mobile homes in circumstances that may not be reasonable. This amendment brings it much more into line with other tenancy-type arrangements. We think this is only fair, especially if the person owns their own home but happens to have it parked at a mobile home park.

MS DUNDAS (9.35): Although the provision is arguably redundant, I have no real difficulties with this provision regarding inspection of mobile homes owned by caravan park residents being included in the legislation. I understand that some park managers may use arbitrary inspections to intimidate residents, and some guidelines and appropriate conduct may well be helpful.

The occupancy principles that include a provision for inspections probably already apply to caravan park residents, but an explicit statement such as this may clear up that situation. It might have been more helpful to simply state that all the occupancy principles apply to long-term caravan park residents; however, the proposal put forward does no harm and does put some clarifying statements into the legislation; so I see no reason to oppose it.

MS TUCKER (9.36): The final amendment of Mr Stefaniak’s is intended to provide some specific protections around landlord entry to the homes of particular groups of residents in caravan parks—that is, occupants of mobile homes on land in a mobile home park where the mobile home is not provided by the grantor. A group of residents of one of our local caravan parks has done a lot of work in detailing the situation in which they live which is, to be blunt, quite dreadful. The processes now available through this bill should go a long way to changing the balance of power, but it will take time.

This particular amendment further qualifies the reasonable access provision in the general principles. Some of the need for this amendment has been removed by the Attorney-General’s amendment, which emphasised the reasonable nature of the access allowed. However, this amendment will still add an additional restriction for entry to the mobile home—that the grantor is entitled to enter the mobile home only with reasonable notice, at reasonable times, on reasonable grounds and for reasonable purposes. The only specifically new reasonable restriction here is for access.

Amendment agreed to.

Clause 23, as amended, agreed to.

Clause 24.

MR STANHOPE (Chief Minister, Attorney-General, Minister for Environment and Minister for Community Affairs) (9.38): I move amendment No 2 circulated in my name [see schedule 7 at page 3814]. Amendment 2 amends the proposed section 71H, which inserts the definition of a “tenancy dispute”. The amendment simply ensures that the definition of a “tenancy dispute” does not differ from the current definition.

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