Victorian Numbered Acts

RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 292

After section 420 of the Principal Act insert —

        " 420A     Order by Tribunal if renter victim of family violence or personal violence

    (1)     This section applies if—

        (a)     the Tribunal is hearing an application for the repayment of bond; and

        (b)     there is more than one renter under a residential rental agreement; and

        (c)     the Tribunal is satisfied, having regard to any matter it considers appropriate, that one of the renters is a victim of family violence or personal violence.

    (2)     For the purpose of subsection (1)(c), an applicant is not required to prove that a person has been convicted of an offence or is subject to a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order.

    (3)     If satisfied that one of the renters is a victim of family violence or personal violence, the Tribunal may order that—

        (a)     liability is apportioned between renters, including making a renter who committed the family violence or personal violence liable for all of the residential rental provider's loss and damage including any unpaid rent (if any); and

        (b)     the portion of the bond paid by the renter who experienced family violence or personal violence is excluded from bond available to compensate the residential rental provider for loss and damage (if any).

        420B     Order by Tribunal in circumstances of family violence or personal violence

    (1)     This section applies if—

        (a)     the Tribunal is hearing an application for the repayment of bond; and

        (b)     a renter under the residential rental agreement is or has been a victim of family violence or personal violence; and

        (c)     the alleged perpetrator of the family violence or personal violence is not a renter under the residential rental agreement.

    (2)     The Tribunal may order that the victim of family violence or personal violence referred to in subsection (1) is not liable for any loss or damage suffered by the residential rental provider under the residential rental agreement if satisfied that—

        (a)     the loss or damage was caused by the actions of the alleged perpetrator of the family violence or personal violence; and

        (b)     a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order is in force.

        420C     Tribunal may order Authority to disclose personal information of renter

    (1)     The Tribunal may order the Authority to disclose to the residential rental provider, for a purpose referred to in subsection (2), any of the following information about a renter—

        (a)     the person's email address;

        (b)     the person's residential address;

        (c)     the person's facsimile number.

    (2)     The purpose for which the Tribunal may disclose personal information under subsection (1) is to facilitate     a residential rental provider serving any document on a renter.

    (3)     A person must not disclose or use any personal information of a renter disclosed under this section for a purpose other than contacting the renter for a purpose referred to in this Act.

Penalty:     60 penalty units.".