Victorian Current Acts Victorian Current Acts(1) If a resident has given notice under section 190 requiring repairs to be carried out, the resident may apply to the Tribunal for an order authorising the payment of the hiring charge into the Rent Special Account.
S. 193(1A) inserted by No. 45/2018 s. 169(2).
(1A) If a resident has given notice under section 190A requiring repairs to be carried out to a site the resident may apply to the Tribunal for an order authorising the payment of the rent into the Rent Special Account.
S. 193(2) amended by No. 45/2018 s. 169(3)(a)(c).
(2) The Tribunal must make an order authorising the resident to pay the hiring charge or rent into the Rent Special Account for a period specified by the Tribunal if it is satisfied that—
(a) a notice requiring the carrying out of repairs has been given to the caravan park owner or the caravan owner in accordance with this Act; and
S. 193(2)(ab) inserted by No. 45/2018 s. 169(3)(b).
(ab) the caravan park owner or caravan owner has not demonstrated that the caravan park owner or caravan owner, as the case requires—
(i) is experiencing financial hardship; or
(ii) would experience financial hardship if the rent or hiring charge was paid into the Rent Special Account; and
(b) the caravan park owner or caravan owner has failed to comply with the duty to carry out the repairs.
S. 193(2A) inserted by No. 45/2018 s. 169(4).
(2A) In determining whether a caravan park owner or a caravan owner has demonstrated that the owner has experienced or would experience financial hardship for the purposes of subsection (2), the Tribunal may have regard to any of the following—
(a) an eviction notice given to the owner;
(b) a disconnection notice in respect of a service or utility account held by the owner;
(c) a notice of legal proceedings issued against the owner;
(d) a letter from a non-profit organisation about the owner's loss of employment or financial hardship;
(e) a notice from a lender to the owner, including—
(i) an overdraft call; or
(ii) a repossession notice in respect of a mortgaged property;
(f) outstanding medical bills of the owner;
(g) a letter from a doctor in respect of the impact of the owner's illness or carer's responsibility on the ability of the owner to earn an income;
(h) a final notice from a school to the owner in respect of the payment of mandatory schooling fees;
(i) funeral expenses payable by the owner;
(j) a repossession notice served on the owner in respect of an essential item;
(k) a hardship variation, or a written request to vary the terms of an existing loan held by the owner;
(l) any other prescribed document.
(3) If an order is made under subsection (2)—
S. 193(3)(a) amended by No. 45/2018 s. 169(5).
(a) the amount of the hiring charge or rent held in the Rent Special Account at the end of that period must be paid to the caravan park owner or caravan owner; and
S. 193(3)(b) substituted by No. 45/2018 s. 169(6).
(b) on an application by the caravan park owner or the caravan owner, the Tribunal may order that the whole, or such part of the hiring charge or rent as it may determine, be paid to the caravan park owner or caravan owner (as the case requires) before the end of the period—
(i) on the agreement of both of the parties; or
(ii) if the Tribunal is satisfied that the owner has fulfilled or is fulfilling the owner's duty to carry out the repairs.
S. 193(4) inserted by No. 45/2018 s. 169(7).
(4) A resident may apply to the Tribunal for an order directing that all or part of the amount of a hiring charge or rent be repaid to the resident if—
(a) on an order under subsection (2), the hiring charge or rent has been paid into the Rent Special Account in relation to a breach of section 178A or 180; and
(b) the caravan park owner or caravan owner has failed to effect repairs by the end of the period stated in the order.
S. 194 amended by No. 17/2024 s. 6(24).