Serious nuisance involves threatening or abusive behaviour, or wilful damage to property.
Examples of serious nuisance
- assault, or threat of assault, of a tenant or anyone else in the park
- use of threatening or abusive language towards a tenant or someone else in the park
- behaviour that is riotous, violent, disorderly, indecent, offensive or threatening in the park
- behaviour that causes a substantial, unreasonable annoyance to a tenant or someone else in the park
- behaviour that causes a substantial, unreasonable disruption to the privacy of a tenant or someone else in the park, or
- wilful damage to property of a tenant or someone else in the park
Removing tenants causing a serious nuisance
The property manager/owner of a caravan park can call the police and/or apply to QCAT for an order excluding a tenant from the park if they cause a serious nuisance.
Role of the police
Police officers have powers to deal with serious nuisance problems in caravan parks. The attending officer will decide if the behaviour is a serious nuisance and has the power to issues warnings, and search and arrest people in a caravan park.
If the police believe a person is causing a serious nuisance they can enter the tenant's caravan, direct the tenant to supply their name and address, tell them to stop causing the nuisance or tell them to leave the park for up to 24 hours.
The police can enter without a warrant, use reasonable force and arrest a tenant for repeating the serious nuisance.
Applying to QCAT
The property manager/owner can apply to QCAT for an order excluding the tenant from the park because of their behaviour. QCAT can exclude the tenant for up to one year or fine them up to $1,500.