Residential Tenancies Act 1995 (SA)

South Australia Residential Tenancies Act 1995 An Act to regulate the relationship of landlord and tenant under residential tenancy agreements; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Presumption of periodicity in case of short fixed terms 5 Application of Act Part 2—Administration 6 Administration of this Act 7 Ministerial control of administration 8 The Commissioner's functions 10 Annual report Part 3—South Australian Civil and Administrative Tribunal Division 3—The Tribunal's jurisdiction 24 Jurisdiction of Tribunal 25 Application to Tribunal 25A Registrar may make orders in certain cases Division 5—Procedural powers of Tribunal 32 Intervention of designated housing agency 33 Amendment of proceedings Division 7—Orders 35 Special powers to make orders Division 8—Obligation to give reasons for decisions 39 Reasons for decisions 39A Time for application for review or instituting appeal Part 4—Mutual rights and obligations of landlord and tenant Division A1—Before entering into residential tenancy agreement 47A Prospective tenant to be notified of sale of premises 47B Prospective tenant—requirements relating to provision of information 47C Advertising premises and misleading etc conduct Division 1—Entering into residential tenancy agreement 48 Information to be provided by landlords to tenants 49 Residential tenancy agreements 50 Cost of preparing agreement 51 False information from tenant Division 2—Discrimination against tenants with children 52 Discrimination against tenants with children Division 3—Rent 52A Premises to be offered for rent at fixed amount 52B Special provision relating to assessments etc of prospective tenants 53 Permissible consideration for residential tenancy 54 Rent in advance 55 Variation of rent 56 Excessive rent 56A Manner etc of payment of rent 57 Landlord's duty to keep proper records of rent and other payments 58 Duty to provide statement or give receipt for rent 58A Payment of rent by electronic transaction 59 Accrual and apportionment of rent 60 Abolition of distress for rent Division 4—Bonds 61 Bond 62 Receipt of bond and transmission to Commissioner 63 Repayment of bond Division 5—Tenant's entitlement to possession and quiet enjoyment 64 Vacant possession etc 65 Quiet enjoyment Division 6—Security of premises 66 Security of premises 66A Altering locks etc for premises in certain circumstances 66B Application to Tribunal to alter etc locks or security devices without consent Division 6A—Keeping of pets on premises 66C Keeping of pets on premises 66D Grounds for refusing pets being kept on premises 66E Tenant may seek Tribunal orders 66F Continuation of approval to keep pet on premises 66G Limitation of landlord's liability Division 7—Landlord's obligation in regard to condition of the premises 67 Cleanliness 67A Occupation of premises that do not comply with minimum housing standards 67B Testing and remediation in relation to drug contamination 68 Landlord's obligation to repair 68A Minimum efficiency standards Division 8—Tenant's obligations in relation to the premises and ancillary property 69 Tenant's responsibility for cleanliness, damage and loss 70 Alteration of premises Division 9—Tenant's conduct on the premises 71 Tenant's conduct Division 9A—Landlord's obligation to advise of sale of premises 71A Sale of residential premises Division 10—Landlord's right of entry 72 Right of entry Division 11—Statutory charges 73 Statutory charges 73A Agreements relating to installation of solar energy systems 73B Excessive water usage charges Division 12—Assignment and sub-letting 74 Assignment and sub-letting by tenant 74A Tenant may apply to Tribunal 74B Landlord cannot demand or receive fee for giving consent Division 13—Tenant's vicarious liability 75 Vicarious liability Division 13A—Maximum liability for rent payable following tenant's termination of fixed term tenancy 75A Maximum liability for rent payable following tenant's termination of fixed term tenancy Division 14—Harsh or unconscionable terms 76 Harsh or unconscionable terms Division 14A—Tenant information 76A Preliminary 76B Dealing with tenant information and prospective tenant information 76C Powers of Tribunal Division 15—Miscellaneous 77 Accelerated rent and liquidated damages 78 Duty of mitigation 78A Compensation for expenses Part 5—Termination of residential tenancy agreements Division 1—Termination generally 79 Termination of residential tenancy 79A Agreement for fixed term continues if not terminated Division 1A—Termination following death of sole tenant 79B Termination following death of sole tenant Division 2—Termination by the landlord 80 Notice of termination by landlord on ground of breach of agreement 80A Termination by landlord on ground of drug contamination 81 Termination because possession is required by landlord for certain purposes 82 Termination of residential tenancy by community housing providers with members who are tenants 83 Termination by landlord on ground prescribed 83A Notice to be given at end of fixed term 83B Termination where agreement frustrated 84 Tribunal must approve certain terminations 84A Compensation for termination in certain circumstances Division 3—Termination by tenant 85 Notice of termination by tenant on ground of breach of the agreement 85AA Notice of termination by tenant for successive breaches of agreement 85A Termination by tenant if residential premises for sale 85B Notice of termination by tenant due to condition of premises 85C Notice of termination by tenant in certain circumstances 85D Notice of termination by tenant on ground of domestic abuse 86 Termination by tenant without specifying a ground of termination 86A Notice to be given at end of fixed term 86B Termination where agreement frustrated Division 4—Termination by the Tribunal 87 Termination on application by landlord 88 Termination on application by tenant 89 Termination based on hardship 89A Termination based on domestic abuse 90 Tribunal may terminate tenancy if tenant's conduct unacceptable Division 4A—Tribunal may make orders in relation to retaliatory behaviour and circumstances of domestic abuse 90A Tribunal may make orders in relation to retaliatory behaviour 90B Tribunal may make orders in relation to circumstances of domestic abuse Division 5—Notices of termination 91 Form of notice of termination 91A Prohibition on letting premises after notice of termination 92 Termination of periodic tenancy 92A Notice of termination void if no action taken Division 6—Repossession of premises 93 Order for possession 94 Abandoned premises 95 Repossession of premises 96 Forfeiture of head tenancy not to result automatically in destruction of right to possession under residential tenancy agreement Division 7—Abandoned property 97 Abandoned property 97A Offence to deal with abandoned property in unauthorised way 97B Action to deal with abandoned property other than personal documents 97C Action to deal with abandoned personal documents Division 8—Enforcement of orders for possession 99 Enforcement of orders for possession Part 5A—Residential tenancy databases 99A Definitions 99B Application 99C Extra-territorial operation of Part 99D Notice of usual use of database 99E Notice of listing if database used 99F Listing can be made only for particular breaches by particular persons 99G Further restriction on listing 99H Ensuring quality of listing—landlord's or agent's obligation 99I Ensuring quality of listing—database operator's obligation 99J Providing copy of personal information listed 99K Keeping personal information listed 99L Powers of Tribunal 99M Notifying relevant non‑parties of Tribunal order about listing Part 6—Residential Tenancies Fund 100 Residential Tenancies Fund 101 Application of income 102 Accounts and audit Part 7—Rooming houses Division 1—Interpretation 103 Interpretation Division 1A—Registration of proprietors of designated rooming houses 103A Interpretation 103B Proprietors must be registered to carry on business relating to designated rooming houses 103C Registration 103D Annual return and fee 103E Notification of change in circumstances 103F Cancellation or suspension of registration 103G Review by Tribunal Division 2—Rooming house agreements 104 Standard terms of rooming house agreements 105 Copies of written agreements Division 3—House rules 105A House rules 105B Amendment of house rules 105C Application to Tribunal if house rules are considered unreasonable 105D Availability of house rules Division 4—Mutual rights and obligations of proprietors and residents Subdivision 1—Rent and other charges 105E Permissible consideration and statutory charges 105F Rent in advance 105G Duty to provide statement or give receipt for payments 105H Payment of rent by electronic transaction 105I Rent increases 105J Rent decreases Subdivision 2—Bonds 105K Bond 105L Receipt of bond and transmission to Commissioner 105M Repayment of bond Subdivision 3—Other obligations of proprietor 105N Use and enjoyment of room and facilities 105O Security of premises and personal property 105P Obligation to repair and keep room and premises clean 105PA Minimum efficiency standards 105Q Sale of rooming house Subdivision 4—Other obligations of resident 105R General obligations of resident Subdivision 5—Miscellaneous 105S Accelerated rent and liquidated damages 105T Goods not to be taken in lieu of amounts owing to proprietor Division 5—Termination of rooming house agreement 105U Termination of rooming house agreement 105UA Termination based on abuse of rooming house resident 105V Abandoned room 105W Abandoned property Part 8—Dispute resolution Division 1—Conciliation Subdivision 1—Definitions for this Division 106 Definitions Subdivision 2—Conciliation of dispute by Commissioner 107 Conciliation of dispute by Commissioner Subdivision 4—Duties and procedure 108A Functions of Commissioner in conciliation of dispute 108B Procedure 108C Restriction on evidence Division 2—Intervention 109 Power to intervene Division 3—Powers of the Tribunal 110 Powers of Tribunal 111 Conditional and alternative orders 112 Restraining orders Division 4—Representation 113 Representation 114 Remuneration of representative Division 5—Other matters 114A Internal review in relation to certain orders Part 9—Miscellaneous 115 Contract to avoid Act 117 Notice by landlord not waived by acceptance of rent 117A Liability to prosecution not to derogate from civil liability 118 Exemptions 119 Tribunal may exempt agreement or premises from provision of Act 120 Service 121 Regulations and fee notices Schedule 1—Transitional provisions—Residential Tenancies (Miscellaneous) Amendment Act 2013 1 Interpretation 2 Operation of amendments 3 Registrar and deputy registrars 4 Jurisdiction of Tribunal 5 Interest payable on repayment of bond 6 Abandoned property 7 Application to existing house rules 8 Other provisions Schedule 2—Transitional provisions—Residential Tenancies (Miscellaneous) Amendment Act 2016 1 Interpretation 2 Operation of amendments Schedule 3—Transitional provisions—Residential Tenancies (Miscellaneous) Amendment Act 2023 1 Interpretation 2 Operation of amendments 3 Abandoned property 4 Internal review 5 Other provisions Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Residential Tenancies Act 1995. 3—Interpretation (1) In this Act, unless the contrary intention appears— abuse and act of abuse have the same meaning as in the Intervention Orders (Prevention of Abuse) Act 2009; ancillary property means property (not forming part of premises subject to a residential tenancy agreement) that is provided by the landlord, either under the residential tenancy agreement or independently of the agreement, for use by the tenant; bailiff means a bailiff appointed under the South Australian Civil and Administrative Tribunal Act 2013; bond means an amount a tenant is required to pay under a residential tenancy agreement, or an agreement collateral to a residential tenancy agreement, as security for the performance of obligations under a residential tenancy agreement; collateral agreement, in relation to a residential tenancy agreement for residential premises in a prescribed retirement village, includes a domestic services agreement that a tenant of the premises is required to enter into as a condition of the residential tenancy agreement or otherwise as a condition of admission as a resident of the village; Commissioner means the Commissioner for Consumer Affairs; controlled drug has the same meaning as in the Controlled Substances Act 1984; co‑tenant means a tenant who is 1 of 2 or more tenants under a residential tenancy agreement; decision, of the Tribunal, has the same meaning as in the South Australian Civil and Administrative Tribunal Act 2013; Deputy President means a Deputy President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013; Deputy Registrar means a Deputy Registrar of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013; domestic abuse means an act of abuse committed by a person against a domestic associate or a former domestic associate of the person; domestic associate—2 persons are domestic associates, 1 of the other, if— (a) they are married to each other; or (b) they are domestic partners; or (c) they are in some other form of intimate personal relationship in which their lives are interrelated and the actions of 1 affect the other; or (d) 1 is the child, stepchild or grandchild, or is under the guardianship, of the other (regardless of age); or (e) 1 is a child, stepchild or grandchild, or is under the guardianship, of a person who is or was formerly in a relationship with the other under paragraph (a), (b) or (c) (regardless of age); or (f) 1 is a child and the other is a person who acts in loco parentis in relation to the child; or (g) 1 is a child who normally or regularly resides or stays with the other; or (h) they are brothers or sisters or brother and sister; or (i) they are otherwise related to each other by or through blood, marriage, a domestic partnership or adoption; or (j) they are related according to Aboriginal or Torres Strait Islander kinship rules or are both members of some other culturally recognised family group; or (k) 1 is the carer (within the meaning of the Carers Recognition Act 2005) of the other; domestic facility requiring instructions means an appliance or device provided by a landlord for the use of a tenant for which it would be reasonable to expect the tenant to require instructions; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; domestic services agreement means an agreement with a tenant of residential premises in a prescribed retirement village for the provision of domestic services (such as meals, cleaning, gardening and laundry of linen); drug related conduct means conduct of a kind prescribed by the regulations in relation to a controlled drug; exempt animal means— (a) an assistance animal within the meaning of the Equal Opportunity Act 1984; or (b) a therapeutic animal within the meaning of section 88A of the Equal Opportunity Act 1984; Fund means the Residential Tenancies Fund; housing assessment order has the same meaning as in the Housing Improvement Act 2016; housing demolition order has the same meaning as in the Housing Improvement Act 2016; housing improvement order has the same meaning as in the Housing Improvement Act 2016; intervention order means an intervention order issued by a court under the Intervention Orders (Prevention of Abuse) Act 2009; landlord means— (a) the person who grants the right of occupancy under a residential tenancy agreement; or (b) a successor in title to the tenanted premises whose title is subject to the tenant's interest, and includes a prospective landlord and a former landlord; lawyer means a person entitled to practise the profession of the law under the Legal Practitioners Act 1981; notice to vacate has the same meaning as in the Housing Improvement Act 2016; personal documents means official documents, photographs, correspondence or other documents that it would be reasonable to expect a person might wish to keep; preliminary rent control notice has the same meaning as in the Housing Improvement Act 2016; premises includes a part of premises; prescribed retirement village means a complex of residential premises or a number of separate complexes of residential premises that would be a retirement village within the meaning of the Retirement Villages Act 2016 except that no resident or prospective resident of the village pays an ingoing contribution (within the meaning of that Act) in consideration for, or in contemplation of, admission as a resident of the village; President means the President of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013; registered community housing provider means a community housing provider registered under the Community Housing Providers National Law; Registrar means the Registrar of the Tribunal appointed under the South Australian Civil and Administrative Tribunal Act 2013; rent consists of— (a) the amount payable under a residential tenancy agreement for the right to occupy premises for a period of the tenancy; and (b) if the residential tenancy agreement is for residential premises in a prescribed retirement village and there is a domestic services agreement collateral to the residential tenancy agreement—the amount payable under the domestic services agreement for the period of the tenancy referred to in paragraph (a); rent control notice means a notice under Part 3 Division 3 of the Housing Improvement Act 2016 fixing the maximum rent payable for premises; residential premises means premises for occupation as a place of residence; residential tenancy agreement means an agreement (other than a rooming house agreement) under which a person grants another person, for valuable consideration, a right (which may, but need not, be an exclusive right1) to occupy premises for the purpose of residence; Note— An agreement under which a person grants another person, for valuable consideration, a right to occupy for residential purposes a building on land (such as a studio or "granny flat") that is located adjacent to or near the primary residence on the land and which the other person has exclusive access to, and possession of, is a residential tenancy agreement. rooming house means residential premises in which 2 or more rooms are available, for valuable consideration, for residential occupation; rooming house agreement means an agreement under which accommodation is provided (with or without meals, or other facilities or services) in a rooming house; rooming house proprietor means a person who carries on a business involving the provision of accommodation under rooming house agreements; rooming house resident means a person who boards or lodges in a rooming house; statutory charges means— (a) rates or charges imposed under the Local Government Act 1999; and (b) rates or charges imposed under the Water Industry Act 2012; and (c) land tax under the Land Tax Act 1936; and (d) levies under the Emergency Services Funding Act 1998; and (e) levies under the Landscape South Australia Act 2019; and (f) any charges of a kind imposed under an Act and declared by regulation to be statutory charges; tenancy dispute means— (a) a claim under a residential tenancy agreement, a rooming house agreement, or an agreement collateral to a residential tenancy agreement or a rooming house agreement; or (b) a dispute between parties or former parties to a residential tenancy agreement, a rooming house agreement, or an agreement collateral to a residential tenancy agreement or a rooming house agreement, about matters arising under the agreement or this Act; or (c) any matter that may be the subject of an application under this Act to the Tribunal; tenant means the person who is granted a right of occupancy under a residential tenancy agreement or a person to whom the right passes by assignment or operation of law and includes a prospective tenant or a former tenant; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. (2) If this Act provides for something to be done within a specified period from a particular day, the period will be taken not to include the particular day. (3) If this Act provides that action may be taken after the expiration of a specified period of days, the period will be taken to be a period of clear days. (4) For the purposes of this Act, a residential tenancy agreement includes an agreement granting a corporation the right to occupy premises that are occupied, or that are intended to be occupied, as a place of residence by a natural person. (5) For the purposes of this Act— (a) a reference to a rooming house is taken to include a reference to a designated rooming house (within the meaning of Part 7 Division 1A); and (b) a reference to a rooming house agreement is taken to include a designated rooming house agreement (within the meaning of Part 7 Division 1A); and (c) a reference to a rooming house proprietor is taken to include a reference to a designated rooming house proprietor (within the meaning of Part 7 Division 1A). Note— 1 However, it should be noted that the Act confers certain protections against intrusion on the premises by the landlord. Hence, even if the agreement does not, in its terms, confer an exclusive right to occupation, the Act will (at least in some respects) assimilate the right of occupation to the exclusive right conferred by a lease. 4—Presumption of periodicity in case of short fixed terms (1) If a residential tenancy agreement is entered into for a short fixed term, the agreement is taken to be an agreement for a periodic tenancy with a period equivalent to the length of the fixed term unless the landlord establishes that— (a) the tenant genuinely wanted a tenancy ending at the end of the short fixed term and the term was fixed at the tenant's request; or (b) before the residential tenancy agreement was entered into— (i) the landlord gave the tenant a notice containing a warning in the form required by regulation; and (ii) the tenant signed a statement in the form required by regulation acknowledging that the tenant did not expect to continue in possession of the premises after the end of the term stated in the agreement. (2) A short fixed term is a term of 90 days or less. 5—Application of Act (1) This Act does not apply to— (a) an agreement giving a right of occupancy in— (i) a hotel or motel; or (ii) an educational institution, college, hospital or nursing home; or Example— An agreement under which a right of occupancy is given to a student in accommodation provided within an educational institution or college would not be an agreement to which this Act applies (but this Act would apply, subject to this Act, to an agreement under which a right of occupancy is given to a student in accommodation that is not within an educational institution or college). (iii) club premises; or (iv) a home for aged or disabled persons administered by an eligible organisation under the Aged or Disabled Persons Care Act 1954 of the Commonwealth; or (v) a retirement village within the meaning of the Retirement Villages Act 2016 (other than an agreement of a kind referred to in section 57 of that Act); or (vi) a supported residential facility within the meaning of the Supported Residential Facilities Act 1992; or (vii) prescribed premises, or premises of a prescribed class; or (ab) an agreement to which the Residential Parks Act 2007 applies; or (b) an agreement (other than a rooming house agreement) under which a person boards or lodges with another; or (c) an agreement genuinely entered into for the purpose of conferring on a person a right to occupy premises for a holiday; or (d) an agreement conferring a right to occupy premises for the purpose of residence but under which no rent is payable; or Example— An agreement under which families exchange houses for an agreed period would not be a residential tenancy agreement if no rent were payable under the agreement. (e) an agreement for the sale of land that confers a right to occupy premises for a period of 28 days or less on a party to the agreement; or (f) a mortgage; or (g) an agreement arising under a scheme in which— (i) a complex of adjacent premises is owned by a company; and (ii) the premises are let by the company to persons who jointly have a controlling interest in the company; or (h) a prescribed agreement or an agreement of a prescribed class. (1a) The regulations may exclude prescribed classes of agreements that relate to land owned (wholly or in part) by the South Australian Housing Trust, or by a subsidiary of the South Australian Housing Trust, from the operation of subsection (1)(e). (1b) For the purposes of this Act, an agreement conferring a right to occupy premises for a fixed term of 60 days or longer is to be taken, in the absence of proof to the contrary, not to be an agreement referred to in subsection (1)(c). (1c) For the purposes of this Act, a residential tenancy agreement for residential premises in a prescribed retirement village is to be taken not to be an agreement under which a person boards or lodges with another. (2) The following provisions of this Act (and only those provisions) apply to residential tenancy agreements under which the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust is the landlord, to residential tenancies arising under those agreements and to related disputes— (a) Part 3 (South Australian Civil and Administrative Tribunal); (ab) Section 65 (Quiet enjoyment); (b) Section 66 (Security of premises); (ba) Section 67B (Testing and remediation in relation to drug contamination); (c) Section 71 (Tenant's conduct); (caa) Section 80A (Termination by landlord on ground of drug contamination); (ca) Section 87 (Termination on application by landlord); (cb) Section 89A (Termination based on domestic abuse); (d) Section 90 (Tribunal may terminate tenancy where tenant's conduct unacceptable); (e) Section 93 (Order for possession); (f) Section 99 (Enforcement orders for possession); (g) Division 3 of Part 8 (Powers of the tribunal); (h) Division 4 of Part 8 (Representation). Part 2—Administration 6—Administration of this Act The Commissioner is responsible for the administration of this Act. 7—Ministerial control of administration The Commissioner is, in the administration of this Act, subject to control and direction by the Minister. 8—The Commissioner's functions The Commissioner has the following functions: (a) investigating and researching matters affecting the interests of parties to residential tenancy agreements and rooming house agreements; and (b) publishing reports and information on subjects of interest to the parties to residential tenancy agreements and rooming house agreements; and (c) giving advice (to an appropriate extent) on the provisions of this Act and other subjects of interest to the parties to residential tenancy agreements and rooming house agreements; and (d) investigating suspected infringements of this Act and taking appropriate action to enforce the Act; and (e) making reports to the Minister on questions referred to the Commissioner by the Minister and other questions of importance affecting the administration of this Act; and (f) administering the Fund. 10—Annual report (1) The Commissioner must, on or before 31 October in each year, prepare and forward to the Minister a report on the administration of this Act for the year ending on the preceding 30 June. (2) The report must include a report on the administration of the Fund. (3) The Minister must, within six sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. Part 3—South Australian Civil and Administrative Tribunal Division 3—The Tribunal's jurisdiction 24—Jurisdiction of Tribunal (1) The Tribunal has— (a) exclusive jurisdiction to hear and determine a tenancy dispute; (b) subject to the regulations—jurisdiction to hear and determine claims or disputes arising from tenancies granted for residential purposes by the South Australian Housing Trust or a subsidiary of the South Australian Housing Trust, or arising under agreements collateral to such tenancies (including such agreements that may involve a third party). (2) However, the Tribunal does not have jurisdiction to hear and determine a monetary claim if the amount claimed exceeds $40 000 unless the parties to the proceedings consent in writing to the claim being heard and determined by the Tribunal (and if consent is given, it is irrevocable). (3) If a monetary claim is above the Tribunal's jurisdictional limit, the claim and any other claims related to the same tenancy may be brought in a court competent to hear and determine a claim founded on contract for the amount of the claim. (4) A court in which proceedings are brought under subsection (3) may exercise the powers of the Tribunal under this Act and, to such extent as may be necessary and appropriate, the powers of the Tribunal under the South Australian Civil and Administrative Tribunal Act 2013. (5) If the plaintiff in proceedings brought in a court under this section recovers less than $40 000, the plaintiff is not entitled to costs unless the court is satisfied that there were reasonable grounds for the plaintiff to believe that the plaintiff was entitled to $40 000 or more. 25—Application to Tribunal Despite any requirement under the South Australian Civil and Administrative Tribunal Act 2013, a requirement to give notice of an application under this Act— (a) may, if relevant, be directed to an occupier or subtenant of premises; and (b) if paragraph (a) applies, need not address the occupier or subtenant by name. 25A—Registrar may make orders in certain cases The Registrar or a Deputy Registrar of the Tribunal may make an order in relation to a tenancy dispute with the written consent of the parties to the dispute (and such an order operates as an order of the Tribunal). Division 5—Procedural powers of Tribunal 32—Intervention of designated housing agency (3) The Tribunal may, on the application of a designated housing agency, allow the designated housing agency to intervene in proceedings before the Tribunal when a registered community housing provider is a party to the proceedings. (4) If a designated housing agency is allowed to intervene in proceedings, it may intervene in the manner and to the extent directed by the Tribunal, and on other conditions determined by the Tribunal. (5) In this section— designated housing agency means— (a) the Minister responsible for the administration of the Community Housing Providers (National Law) (South Australia) Act 2013; or (b) the South Australian Housing Trust. 33—Amendment of proceedings The Tribunal may amend proceedings if satisfied that the amendment will contribute to the expeditious and just resolution of the questions in issue between the parties. Division 7—Orders 35—Special powers to make orders (1) The Tribunal may make an order in the nature of an injunction (including an interim injunction) or an order for specific performance. (2) However, a member of the Tribunal who is not a legally qualified member (within the meaning of the South Australian Civil and Administrative Tribunal Act 2013) cannot make an order under subsection (1) without the approval of the President or a Deputy President of the Tribunal. (6) The Tribunal may, in the exercise of its jurisdiction, make ancillary or incidental orders. Division 8—Obligation to give reasons for decisions 39—Reasons for decisions The Tribunal must, if requested by a person affected by a decision of the Tribunal, where written reasons have not been given, state in writing the reasons for the Tribunal's decision. 39A—Time for application for review or instituting appeal Furthermore, if the reasons for a decision of the Tribunal have not been given in writing and— (a) an applicant for review of the decision of the Tribunal under section 70 of the South Australian Civil and Administrative Tribunal Act 2013; or (b) a person appealing against a decision of the Tribunal under sectio