Victorian Current Acts Victorian Current Acts(1) On an application under section 206AG(1)(a) , if satisfied as to the matters set out in subsection (1B), the Tribunal may make an order terminating the existing agreement under section 144.
(1A) On an application under section 206AG(1)(b), if satisfied as to the matters set out in subsection (2), the Tribunal may make an order—
(a) terminating the existing agreement under section 144; and
(b) requiring the caravan park owner or caravan owner (as the case may be) to enter into a new agreement under section 144 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 agreement under section 144 were not terminated; and
(b) the hardship suffered by the specified persons would be greater than any hardship the caravan park owner or caravan owner (as the case may be) would suffer if the order were made; and
(c) if a resident is excluded from the site, caravan or caravan park 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 agreement under section 144; and
(d) it is reasonable to do so given the interests of any other residents (other than any excluded resident) under the existing agreement under section 144 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 an agreement under section 144; 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 site, caravan or caravan park; and
(c) the hardship suffered by the specified person would be greater than any hardship the caravan park owner or caravan owner (as the case may be) would suffer if the order were made; and
(d) if a resident is excluded from the site, caravan or caravan park 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 order or notice and the length of the existing agreement under section 144; and
(e) it is reasonable to do so given the interests of any other residents (other than any excluded resident) under the existing agreement under section 144 and, in particular, whether the other residents support the specified person's application.
(3) In determining an application under section 206AG(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 or in respect of the specified person;
(b) if an application for a family violence intervention safety notice, family violence intervention order, non-local DVO or personal safety intervention order has been made by or in respect of the 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 is excluded from the site, caravan or caravan park 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 agreement under section 144—
(a) is subject to the same rent and frequency of rent payments as the existing agreement; and
(b) if the existing agreement is for a specified period of occupancy, runs for a term not longer than the remainder of that specified period; 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 agreement under section 144 terminates.
(6) If the Tribunal makes an order under subsection (1A), the existing agreement under section 144 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 caravan park owner or caravan owner (as the case may be) must ensure that the specified person has access to the caravan and caravan park to remove the person's goods;
(b) an order that caravan park owner or caravan owner (as the case may be) must not list information about the person on a residential tenancy database within the meaning of Part 10A.
(8) In this section—
"specified person" means a person specified in section 206AG(2).
S. 206AI inserted by No. 45/2018 s. 238 (as amended by No. 1/2021 s. 96).