Victorian Current Acts Victorian Current Acts(1) A residential rental provider must not contravene section 52 of the Equal Opportunity Act 2010 by refusing to let rented premises to a person on the basis of an attribute set out in section 6 of that Act.
(2) A residential rental provider must not instruct or permit that person's agent to refuse to let rented premises to a person on the basis of an attribute set out in section 6 of the Equal Opportunity Act 2010 .
(3) It is not a contravention of this section for an entity specified in subsection (4)—
(a) to refuse to let rented premises; or
(b) to carry out any other function referred to in that subsection.
(4) For the purposes of subsection (3), the following are specified entities—
S. 30A(4)(a) substituted by No. 40/2022 s. 60(7).
(a) Homes Victoria or its agent;
(b) a registered agency or the registered agency's agent;
(c) an authorised person (within the meaning of section 4(1) of the Housing Act 1983 ) who provides rented premises for a purpose referred to in section 142A(2)(a) of that Act;
(d) a person who provides rented premises in accordance with a determination made under section 142E of the Housing Act 1983 ;
S. 30A(4)(da) inserted by No. 40/2022 s. 10(1).
(da) an entity that provides rented premises as affordable housing in accordance with the Victorian Affordable Housing Programs;
(e) a person who provides rented premises as affordable housing within the meaning of section 3AA of the Planning and Environment Act 1987 .
S. 30A(5) amended by No. 40/2022 s. 60(8).
(5) If Homes Victoria makes a determination under section 142E(1) of the Housing Act 1983 that relates to an attribute of a person referred to in section 6 of the Equal Opportunity Act 2010 , that determination is not a contravention of this section.
S. 30A(6) inserted by No. 40/2022 s. 10(2).
(6) If Homes Victoria makes a VAHP determination that relates to an attribute of a person referred to in section 6 of the Equal Opportunity Act 2010 , that VAHP determination is not a contravention of this section.
Note
Section 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered loss as a result of discrimination by the residential rental provider or that person's agent in contravention of this Division.
Pt 2 Div. 1B (Heading and ss 30B − 30E) inserted by No. 45/2018 s. 21 (as amended by No. 47/2019 s. 62).
Division 1B—Disclosures and representations prior to entering into residential rental agreements
S. 30B inserted by No. 45/2018 s. 21 (as amended by No. 47/2019 s. 62).