Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 207M

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

        (a)     an order terminating the existing site agreement for the Part 4A site; or

        (b)     an order—

              (i)     terminating the existing site agreement for the Part 4A site; and

              (ii)     requiring the site owner to enter into a new site agreement 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 site agreement who—

              (i)     has been or is being subjected to family violence by another party to the existing site agreement; or

              (ii)     is a protected person under a personal safety intervention order made against another party to the existing site agreement;

        (b)     a person—

              (i)     who is the owner or co-owner of the Part 4A dwelling at law or in equity or who is residing in the Part 4A dwelling as the person's principal place of residence; and

              (ii)     who is not a party to the existing site agreement; and

              (iii)     who—

    (A)     has been or is being subjected to family violence by a person who is a party to the existing site agreement; or

    (B)     is a protected person under a personal safety intervention order made against a person who is a party to the existing site 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 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 site owner or any other party to the site agreement.

    (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 in the Part 4A dwelling 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 person who made the application or on whose behalf the application was made;

        (b)     the site owner;

        (c)     any site tenant who is excluded from the Part 4A dwelling 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 joint site tenants of the Part 4A site.

    (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. 207N inserted by No. 45/2018 s. 239 (as amended by No. 1/2021 s. 97).