A Rochester woman has lost her bid to continue living in her cabin at the Rochester Riverside Holiday Park after having her VCAT application dismissed.
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Sarah-Jane Gill applied to the body for injunctive relief after being told by the Rochester Reserve Committee of Management in April this year to vacate the park.
Ms Gill was living at the site, a crown land lot, while working as a manager of the holiday park, a position she resigned from in February citing a "toxic" relationship with a colleague.
Her ability to live at the park rent free was on the basis she worked at the park as its manager.
Ms Gill took it upon herself to purchase accommodation that she felt better suited her needs and in circumstances where she was on notice of the restrictions placed on her ability to make the Cabin her "forever" home. She did so at her own peril.
- Kylea Campana, Acting Senior Member for VCAT
After her resignation the park wrote her a letter asking her to either move the cabin from the Crown Land lot or to sell the cabin for it to be moved.
Flooded out
Outlined in the VCAT hearing was how the October 2022 Campaspe River flood impacted the holiday park and essentially made Ms Gill homeless.
Like many Rochester residents, Ms Gill was forced into crisis accommodation and after the waters resided she was able to return to the town.
Kylea Campana, the acting senior VCAT member who presided over the matter, said that the living agreement between Ms Gill and the park committee related to her role within the organisation.
"When Ms Gill moved into the park she did so under the terms of her employment agreement and she owned the cabin, and therefore was effectively only renting the site," she said.
However, given the park was on crown land no residential agreement could be made over the site, which nullified Ms Gill's right to continue to live and pay rent for the specific site her cabin was on.
Ms Campana said that written into the employment agreement between Ms Gill and the caravan park owner was the stipulation that residency would only apply while she worked there.
"Ms Gill ceased her employment from 18 February 2023, and the committee by letter of 17 April 2023 gave notice to Ms Gill that her rights to occupy the park ceased when her employment did and gave her until the end of June 2023 to sell or move the cabin," she said.
"I find that this letter was effective notice.
"Taking into account all the matters that have been identified, I am not satisfied that it is fair, or just and convenient, to order the committee to enable Ms Gill to resume occupancy at the park."
