Harsh and unconscionable terms
(1) An SDA resident may apply to the Tribunal for an order declaring invalid or varying a term of the SDA residency agreement.
(2) Subject to subsection (3), on an application under subsection (1), the Tribunal may by order declare invalid or vary a term of the SDA residency agreement if it is satisfied that the term is harsh or unconscionable or is such that a court exercising its equitable jurisdiction would grant relief.
(3) A term of an SDA residency agreement must not be declared invalid under this section if—
(a) it is required by or under the National Disability Insurance Scheme Act 2013 of the Commonwealth or any regulations, rules or instruments made under that Act; or
(b) it is required by any prescribed Act, regulations, rules or instruments; or
(c) it is in the prescribed standard form.
(4) An order under this section has effect according to its terms.
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