Victorian Current Acts Victorian Current Acts(1) On an application under section 142S(1)(a) , if satisfied as to the matters set out in subsection (1B), the Tribunal may make an order terminating the existing fixed term rooming house agreement or agreement under section 94(2).
(1A) On an application under section 142S(1)(b), if satisfied as to the matters set out in subsection (2), the Tribunal may make an order—
(a) terminating the existing fixed term rooming house agreement or agreement under section 94(2); and
(b) 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) referred to in the application.
(1B) For the purposes of subsection (1), the matters are—
(a) the specified person or that person's dependent children would be likely to suffer severe hardship if the fixed term rooming house agreement or agreement under section 94(2) were not terminated; and
(b) the hardship suffered by the specified persons would be greater than any hardship the rooming house operator would suffer if the order were made; and
(c) if a resident of the rooming house 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, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing fixed term rooming house agreement or agreement under section 94(2); and
(d) it is reasonable to do so given the interests of any other residents (other than any excluded resident) under the existing fixed term rooming house agreement or agreement under section 94(2) and, in particular, whether the other residents support the specified person's application.
(2) For the purposes of subsection (1A), the matters are—
(a) the specified person and other persons (if any) could reasonably be expected to comply with the duties of a resident under a fixed term rooming house agreement or agreement under section 94(2); and
(b) the specified person or that person's dependent children would be likely to suffer severe hardship if the specified person were compelled to leave the rooming house; and
(c) the hardship suffered by the specified person would be greater than any hardship the rooming house operator would suffer if the order were made; and
(d) if a resident of the rooming house 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, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing fixed term rooming house agreement; and
(e) it is reasonable to do so given the interests of any other residents (other than any excluded resident) under the existing fixed term rooming house agreement or agreement under section 94(2) and, in particular, whether the other residents support the specified person's application.
(3) In determining an application under section 142S(1), the Tribunal must take into account the following matters in relation to family violence or personal violence—
(a) whether an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by the specified person or in respect of the specified person;
(b) if an application for a family violence safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by or in respect of the specified person—
(i) whether there is a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order in effect; and
(ii) if there is a notice or an order in effect, whether a resident of the rooming house is excluded from the rooming house under the notice or order;
(c) any prescribed matters;
(d) any other matter the Tribunal considers relevant.
(4) If the Tribunal makes an order under subsection (1A), the new fixed term rooming house agreement or agreement under section 94(2)—
(a) is subject to the same rent and frequency of rent payments as the existing agreement; and
(b) if the existing agreement is a fixed term rooming house agreement, runs for a term not longer than the remainder of that fixed term; and
(c) otherwise, is on the same terms and conditions as the existing agreement, subject to any changes the Tribunal determines.
(5) If the Tribunal makes an order under subsection (1), the Tribunal must specify the date on which the existing rooming house agreement or agreement under section 94(2) terminates.
(6) If the Tribunal makes an order under subsection (1A), the existing fixed term rooming house agreement or agreement under section 94(2) is terminated on the signing of the new agreement.
(7) If the Tribunal makes an order under subsection (1) or (1A), it may also make the following orders—
(a) an order that the rooming house operator must ensure that the specified person has access to the room under the existing rooming house agreement or agreement under section 94(2) to remove the person's goods;
(b) an order that the rooming house operator must not list information about the specified person on a residential tenancy database within the meaning of Part 10A.
(8) In this section—
"specified person" means a person specified in section 142S(2).
S. 142U inserted by No. 45/2018 s. 237 (as amended by Nos 32/2020 s. 11, 1/2021 s. 95).