Victorian Numbered Acts

DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 319

After clause 77A of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert —

        " 77B     Appointment of litigation guardian

If a party to any proceeding under Part 12A of the Residential Tenancies Act 1997 is a person with a disability, the Tribunal may appoint a litigation guardian, in accordance with the rules, to conduct the proceeding on behalf of the person with a disability.

        77C     Fees

Despite section 68, no fee is payable in respect of an application under Part 12A of the Residential Tenancies Act 1997 .

        77D     Commencement

The Tribunal must commence the hearing of a proceeding on an application under Part 12A of the Residential Tenancies Act 1997 within 30 days of the application being lodged with the Tribunal unless a provision of that Part of that Act specifies a different period of time for commencement of the hearing of the proceeding.

        77E     Costs of Tribunal experts

Despite clause 7(5) of Schedule 3, a person with a disability is not responsible for the costs of a Tribunal appointed expert under clause 7 of that Schedule in respect of a proceeding under Part 12A of the Residential Tenancies Act 1997 .

        77F     Service on SDA providers

In addition to any manner of service provided for in section 140, a notice or other document in a proceeding under the Residential Tenancies Act 1997 may be served on, or given to, an SDA provider—

        (a)     delivering it personally to the SDA provider's agent or to the person who usually collects the rent; or

        (b)     sending it by post to the SDA provider's agent at the agent's usual place of business; or

        (c)     giving it to a person apparently employed in the office of the SDA provider's agent.".

Part 21—Repeal of amending provisions