Victorian Numbered Acts

RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 129

After Division 1 of Part 4 of the Principal Act insert —

" Division 1A—Discrimination in relation to residency rights

        145A     Section 144(1) or (2) agreement application forms must include prescribed information

A caravan park owner or caravan owner or that person's agent must not provide a person with an application form to apply for an agreement under section 144(1) or (2) unless the application form includes a statement that contains the prescribed information.

        145B     Caravan park owner or caravan owner must not unlawfully discriminate against another person by refusing to grant agreement under section 144(1) or (2)

    (1)     A caravan park owner or caravan owner must not contravene section 52 of the Equal Opportunity Act 2010 by refusing a person to enter an agreement under section 144(1) or (2) on the basis of an attribute set out in section 6 of that Act.

    (2)     A caravan park owner or caravan owner must not instruct or permit that person's agent to refuse a person to enter an agreement under section 144(1) or (2) on the basis of an attribute set out in section 6 of the Equal Opportunity Act 2010 .

Note

Section 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered a loss as a result of discrimination by the caravan park owner or caravan owner or that person's agent in contravention of this Division.

Division 1B—Disclosures and representations prior to granting residency rights

        145C     Restriction on use of personal information provided by prospective residents

A caravan park owner or caravan owner or that person's agent must not use personal information disclosed by a person on an application form to apply for an agreement under section 144(1) or (2) unless the use is for—

        (a)     the purposes of assessing the person's suitability as a resident; or

        (b)     another purpose required by the Act.

        145D     Caravan park owner or caravan owner must not request prescribed information from applicants

A caravan park owner or caravan owner or that person's agent must not request a person who applies for an agreement under section 144(1) or (2) to disclose the prescribed information.

        145E     Information that caravan park owners or caravan owners must disclose before agreement under section 144(1) or (2) commences

    (1)     Before a resident enters into an agreement under section 144(1), a caravan park owner must disclose the following information to the resident—

        (a)     if the caravan park owner has engaged an agent to sell the caravan park or prepared a contract of sale, that there is a proposal to sell the caravan park;

        (b)     if the caravan park owner is not the freehold owner of the land on which the caravan park is situated—

              (i)     the nature of the caravan park owner's interest in the land; and

              (ii)     any limitations on the caravan park owner's ability to grant interests in the land to the resident;

        (c)     if the caravan park owner is the owner of the land on which the caravan park is situated and a mortgagee has commenced a proceeding to enforce a mortgage over the land, that a mortgagee is taking action for possession of the land;

        (d)     if the site is separately metered for supply of electricity and the caravan park is supplied with electricity from an embedded electricity network, the details of the embedded electricity network;

        (e)     any other prescribed information.

    (2)     Before a resident enters into an agreement under section 144(2), a caravan owner must disclose the following information to the resident—

        (a)     if the caravan owner has engaged an agent to sell the caravan or prepared a contract of sale, that there is a proposal to sell the caravan;

        (b)     if a mortgagee has commenced a proceeding to enforce a mortgage over the caravan, that a mortgagee is taking action for possession of the caravan;

        (c)     any other prescribed information.

    (3)     Disclosure under this section must be in a form approved by the Director.

        145F     Offence to enter into certain agreements about caravan park land

    (1)     Subject to subsection (2), a caravan park owner whose interest in the land on which the caravan park is situated is granted under a lease must not enter into an agreement with a resident under section 144(1) that is for a period of occupancy which exceeds the date on which the term of the lease expires.

Penalty:     60 penalty units.

    (2)     For the purpose of subsection (1), an option to extend or renew the lease held by the caravan park owner is not to be taken into account in determining the end date on which the term of the lease expires.

Note

A caravan park resident may apply to the Tribunal under section 452(3AC) in respect of a breach to disclose information required under this section.".