Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 498EA

    (1)     This section applies if—

        (a)     the Tribunal makes an order or gives a direction in accordance with this Act that is in respect of an SDA resident; and

        (b)     the SDA resident is not represented by any of the following persons—

              (i)     the SDA resident's guardian (if any);

              (ii)     the SDA resident's administrator (if any);

              (iii)     a carer of the SDA resident;

              (iv)     a person chosen by the SDA resident;

              (v)     a litigation guardian appointed by the Tribunal;

              (vi)     an Australian lawyer; and

        (c)     one of the persons specified in subparagraph (i) or (ii) is a party to the proceeding for which the order was made, or the direction given, in respect of the SDA resident—

              (i)     an SDA provider; or

              (ii)     if an SDA provider is not a party to the proceeding but a relevant person is a party, a relevant person.

    (2)     The SDA provider or a relevant person must explain the order or direction in the language, mode of communication and terms in which the SDA resident is most likely to understand.

    (3)     An explanation given under subsection (2) must, if reasonable, be given both orally and in writing.

    (4)     If it appears that the SDA resident would benefit from support or requires support to understand the order made, or direction given, the SDA provider or relevant person must use reasonable endeavours to convey the information or contents of the order or direction to the SDA resident in the language, mode of communication or terms which the SDA resident is most likely to understand.

    (5)     If it appears that the SDA resident would benefit from support or requires support to understand the order made, or direction given, the SDA provider or relevant person must give a copy of the order or direction—

        (a)     to a family member, carer, guardian, advocate or other person chosen by the SDA resident; or

        (b)     if no person is chosen under paragraph (a), to a person who the SDA provider or other relevant person considers can assist the SDA resident and is not employed by, or a representative of, the SDA provider or other relevant person.

    (6)     In this section—

"relevant person" means any of the following—

        (a)     an agent of the SDA provider;

        (b)     a mortgagee in respect of an SDA enrolled dwelling that the SDA resident is or was residing in;

        (c)     an SDA enrolled dwelling owner within the meaning of section 498ZZX.

Division 3—SDA residency agreements

S. 498F inserted by No. 38/2018 s. 293.