Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 142S

    (1)     A person specified in subsection (2) may apply to the Tribunal for—

        (a)     an order terminating the existing fixed term rooming house agreement or agreement under section 94(2); or

        (b)     an order—

              (i)     terminating the existing fixed term rooming house agreement or agreement under section 94(2); and

              (ii)     requiring the rooming house operator to enter into a new fixed term rooming house agreement or agreement under section 94(2) with the person and other persons (if any) specified in the application.

    (2)     For the purposes of subsection (1) the following persons are specified—

        (a)     a party to the existing fixed term rooming house agreement or agreement under section 94(2) and who—

              (i)     has been or is being subjected to family violence by another party to the existing fixed term rooming house agreement or agreement; or

              (ii)     is a protected person under a personal safety intervention order made against another party to the existing fixed term rooming house agreement or agreement;

        (b)     a person—

              (i)     who is residing in the room as the person's principal place of residence; and

              (ii)     who is not a party to the existing fixed term rooming house agreement or agreement under section 94(2); and

              (iii)     who—

    (A)     has been or is being subjected to family violence by a party to the existing fixed term rooming house agreement or agreement; or

    (B)     is a protected person under a personal safety intervention order made against a party to the existing fixed term rooming house agreement or agreement.

    (3)     For the purposes of subsection (2), a reference to a person who has been or is being subjected to family violence includes a person who is a protected person under a family violence safety notice, family violence intervention order or recognised non-local DVO.

    (4)     An application under subsection (1) may be made without the consent of the rooming house operator or any other party to the existing fixed term rooming house agreement or agreement under section 94(2).

    (5)     If a person specified in subsection (2) is a child, an application under subsection (1) may be made on that child's behalf by a parent or guardian of the child who lives at the rooming house with the child.

    (6)     For the purposes of a proceeding in relation to an application for an order under subsection (1), each of the following persons is a party to the proceeding—

        (a)     the applicant or the person on whose behalf the application was made;

        (b)     the rooming house operator;

        (c)     any resident who is excluded from the rooming house under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order that protects a person specified in subsection (2);

        (d)     any other existing residents of the room.

    (7)     The Tribunal must hear an application under subsection (1)—

        (a)     within 3 business days of the application being made; or

        (b)     if the application cannot be heard within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period.

S. 142T inserted by No. 45/2018 s. 237 (as amended by Nos 32/2020 s. 11, 1/2021 s. 95).