THE PARKIE WIN25 - Magazine - Page 10
AVOID ACCIDENTAL RESIDENTS:
Use our Non Residential Occupancy Agreement
Did you know the
association has a template
agreement that caravan
park members can use
to help prevent a guest
becoming an ‘accidental
resident’?
An ‘accidental resident’ is a guest
who occupies a site in your caravan
park for 60 consecutive days. In
this case, they can become a Part
4 resident subject to rights under
the Residential Tenancies Act (RTA)
1997.
A resident in a caravan park is a
person who:
• lives in and owns their own
caravan and rents the caravan
park site, or
• lives in and rents a caravan or a
UMD cabin owned by the park
owner.
In either case, the person(s) has
written permission from the park
owner to live at the park, such as a
signed residential agreement.
While a person in a caravan park
on holiday or other non-residential
purposes is not legally a park
resident, they automatically become
a resident if they occupy the site as
their only, or main, residence for at
least 60 consecutive days - even
without a written agreement.
This can put you on the path to
a VCAT hearing if the person
challenges your request for them to
leave, with the RTA setting out the
process (and accepted reasons) for
evicting residents.
To provide extra protection for
association members, Caravan &
Residential Parks Victoria has a NonResidential Occupancy Agreement
and Schedule that can be used
exclusively by members for longterm guests such as grey nomads or
workers. The agreement is available
in either long or short form.
The Non Residential Occupancy
Agreement allows park operators
to grant licence to occupy the site,
based on a signed commitment
that the occupation is for nonresidential purposes and that it’s not
the intention of the occupant that
the park will become their principal
place of residence.
The agreement is accompanied
by a Schedule for you to describe
the reason for the occupant being
in the area, provide a description
and registration number of all
permitted vehicles on the site and,
most importantly, record the usual
address of the occupant evidenced
by a copy of their driver’s licence
appended to the Schedule.
We strongly recommend all tourist
park members use this agreement
to avoid the consequences of an
accidental resident.
If you have long term tourists
or workers staying in your
caravan park, download the
Non-Residential Agreement
and Schedule from the
CRPVic member portal https://crpvic.com.au/
WINTER TREE MAINTENANCE REMINDER
Engaging a qualified
arborist to undertake
a regular professional
assessment of trees in
your caravan park is an
important and proactive
step in quality tree
management practices.
It will help you keep guests,
residents, visitors and staff safe
and help ensure compliance with
your legal obligations under the
Occupational Health and Safety Act
2004.
As part of the assessment, the
arborist needs to provide your
park with a formal report which
clearly identifies each tree, any
10
remediation and maintenance work
that needs to be undertaken and
the recommended timing of those
works identified to be completed.
Members should follow the formal
recommendations contained in
the arborist’s report and retain
all documents relating to the
assessment and works.
Signage warning guests not to
camp under trees is not sufficient
on its own to manage risks. Active
monitoring
and
professional
qualified inspections are necessary
to prevent serious incidents.
Members operating parks on
crown, government, or other public
land are also strongly encouraged
to review their lease agreements to
confirm:
• who is responsible
maintenance; and
for
tree
• whether any specific vegetation
management
restrictions
or
obligations apply.
Prior to any works occurring, you
should also contact your local
council to determine whether a
Planning Permit for Building and
Works is required to undertake
any recommended remediation or
maintenance works.
To support your risk
management planning,
CRPVic recommends
reviewing the WorkSafe
Victoria Safety Alert:
www.worksafe.vic.gov.au/
safety-alerts/camper-diesafter-being-hit-falling-treebranch
