123 General functions and powers of chief executive

(1)

For the purposes of this Act, the chief executive may perform and exercise the following functions and powers:

(a)

the investigation of, and the conduct of research into, any matters generally affecting or that may affect the interests of parties to tenancy agreements, or any such matters arising in any particular case:

(b)

the publication of reports, the dissemination of information, and the taking of such steps as the chief executive thinks proper for informing members of the public of the rights and obligations of parties to tenancy agreements and of the general operation of this Act:

(c)

the giving of opinions and advice to persons on any provisions of this Act or of any other enactment or rule of law relating to tenancy agreements:

(ca)

the monitoring and assessment of compliance by landlords with the healthy homes standards:

(cb)

the monitoring and assessing of compliance by landlords with this Act:

(d)

the investigation, whether on the complaint of a party or not, of any alleged breach of this Act, or of any tenancy agreement, and the taking of such action, whether involving prosecution or other proceedings, negotiation, or arbitration, as the chief executive thinks proper:

(da)

to supervise the operations of the office of the Tribunal and to work in close co-operation with the Registrar to ensure that disputes arising within the jurisdiction of the Tribunal are dealt with efficiently and expeditiously:

(db)

the publication of comments about particular persons who are, or have been, landlords:

(e)

the making of reports to the Minister on any matter relating to residential tenancies that the Minister may require, or that the chief executive thinks should be drawn to the attention of the Minister.

(2)

Except as required by the Minister under paragraph (e) of subsection (1), whether or not to perform or exercise any of the functions and powers specified in that subsection in any particular case shall be a matter for the chief executive’s discretion, and in no circumstances shall the chief executive be obliged to perform or exercise any such function or power.

Compare: Residential Tenancies Act 1978–1981 s 11(1) (SA)

Section 123(1) heading: amended, on 18 August 1992, pursuant to section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).

Section 123(1): amended, on 18 August 1992, by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).

Section 123(1)(b): amended, on 18 August 1992, by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).

Section 123(1)(ca): inserted, on 1 July 2019, by section 8(1) of the Healthy Homes Guarantee Act 2017 (2017 No 46).

Section 123(1)(cb): inserted, on 11 February 2021, by section 64 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

Section 123(1)(d): amended, on 18 August 1992, by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).

Section 123(1)(da): inserted, on 1 October 2010, by section 80 of the Residential Tenancies Amendment Act 2010 (2010 No 95).

Section 123(1)(db): inserted, on 1 July 2016, by section 38 of the Residential Tenancies Amendment Act 2016 (2016 No 26).

Section 123(1)(e): amended, on 18 August 1992, by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).

Section 123(2): amended, on 18 August 1992, by section 19 of the Residential Tenancies Amendment Act 1992 (1992 No 79).