Victorian Current Acts Victorian Current Acts(1) An SDA resident may apply to the Tribunal for a review of the issue of a notice to vacate on the ground that the notice to vacate is not valid because—
(a) of a defect on the face of the notice to vacate; or
(b) the notice to vacate was not issued in accordance with this Part; or
(c) the ground on which the notice was issued is not established.
(2) If an application under subsection (1) is made to the Tribunal in respect of a ground specified in section 498ZX(1)(b), (c), (d), (e), (f), (g), (h), (i), or (j) and the SDA provider first gave the SDA resident a notice of temporary relocation on a ground corresponding to that given in the notice to vacate, the Tribunal must also consider the validity of the notice of temporary relocation.
(3) An application to the Tribunal under subsection (1) must be made within 90 days of the day on which the notice to vacate was issued.
(4) On an application under this section, the Tribunal may only determine whether or not the notice to vacate is valid and if subsection (2) applies, whether or not the notice of temporary relocation is valid.
(5) The Tribunal may—
(a) if it determines that the notice to vacate is valid, confirm the notice to vacate; or
(b) if it determines that the notice to vacate is not valid, declare that the notice to vacate is invalid; or
(c) if subsection (2) applies and it determines that the notice of temporary relocation is not valid, declare the notice of temporary relocation and the notice to vacate are invalid; or
(d) dismiss the application.
S. 498ZZCA inserted by No. 19/2019 s. 190.