Part 11—Functions of Tribunal

* * * * *

Division 2—Jurisdiction of Tribunal

446 Jurisdiction of Tribunal

The Tribunal has jurisdiction to hear and determine an application under this Act relating to—

(a) any matter arising in relation to a residential rental agreement or a proposed residential rental agreement of premises situated in Victoria; and (b) any matter arising in relation to a residency right under this Act; and

(ba) any matter arising in relation to a site agreement or a proposed site agreement in respect of a Part 4A site; and

(bb) any matter arising in relation to the rescission of a Part 4A dwelling purchase agreement under section 206JA; and

(bc) any matter arising in relation to an SDA residency agreement or a proposed SDA residency agreement in respect of an SDA enrolled dwelling; and (c) any matter referred to it under this Act.

447 Limits of jurisdiction of Tribunal

(1) Subject to subsection (3), the Tribunal must not—

* * * * *

(b) hear and determine an application for a compensation order which involves a monetary claim exceeding $40 000, or in the case of the site agreement provisions or a Part 4A dwelling purchase agreement, $100 000;

(c) make a determination requiring or authorising the payment of an amount that exceeds $40 000, or in the case of the site agreement provisions or a Part 4A dwelling purchase agreement, $100 000;

(d) make a determination requiring or authorising the carrying out of works, the estimated cost of which exceeds $40 000, or in the case of the site agreement provisions or a Part 4A dwelling purchase agreement, $100 000.

(1A) Subject to subsection (3), the Tribunal must not hear and determine an application—

(a) by a residential rental provider or renter under a residential rental agreement which involves a monetary claim for an amount exceeding $40 000; or

(b) by a rooming house operator or resident in relation to the rooming house provisions, a residency right or an agreement referred to in section 94(2) which involves a monetary claim for an amount exceeding $20 000; or

(c) by a caravan park owner, a caravan owner or a resident in relation to the caravan park provisions, a residency right or an agreement referred to in section 144(1), (2) or (3) which involves a monetary claim for an amount exceeding $20 000; or

(d) by a site owner or a site tenant in relation to the site agreement provisions, a Part 4A dwelling purchase agreement or a site agreement which involves a monetary claim for an amount exceeding $100 000.

(2) The Tribunal must not make a compensation or compliance order requiring the payment of money as a consequence of death, physical injury or pain and suffering. (3) The Tribunal may hear and determine an application or make a determination in respect of a higher amount if the parties to the application or hearing by instrument authorise the Tribunal to do so.

(4) An authority must be signed by the parties and given to the principal registrar. (5) An authority, once given, is irrevocable.

448 Proceedings of Tribunal not justiciable

(1) Subject to this section, if an application is made to or proceedings are before the Tribunal, the issue concerned is not justiciable at any time before a court or person acting judicially other than the Supreme Court or the Tribunal except—

(a) in proceedings instituted before the application to the Tribunal was made or proceedings commenced; or (b) if the application and proceedings have been withdrawn; or (c) in proceedings for an offence.

(2) Subsection (1) applies whether the issue is shown in the application or emerges in the course of proceedings. (3) The Tribunal must not determine an issue in an application or proceedings if a civil proceeding in respect of the issue was instituted before a court or person acting judicially before the application to or proceedings before the Tribunal unless the civil proceeding has been discontinued.

Division 3—Who may apply to Tribunal?

* * * * *

452 General applications to the Tribunal

(1) A residential rental provider or a renter under a residential rental agreement may apply to the Tribunal if—

(a) a dispute has arisen under the residential rental agreement; or

(b) there has been a breach of the residential rental agreement or of the provisions of this Act relating to the residential rental agreement.

(2) A rooming house operator or a rooming house resident may apply to the Tribunal if—

(a) a dispute arises in respect of a residency right or an agreement relating to a residency right; or (b) there has been a breach of a duty under the rooming house provisions.

(3AA) A renter may apply to the Tribunal if the residential rental provider has breached any of the disclosure requirements in section 30D.

(3AB) A resident of a rooming house may apply to the Tribunal if the rooming house operator has breached any of the disclosure requirements in section 94I.

(3AC) A resident of a caravan park may apply to the Tribunal if the caravan owner or the caravan park owner has breached any of the disclosure requirements in section 145E.

(3AD) A site tenant may apply to the Tribunal if the site owner has breached any of the disclosure requirements in section 206JF. (3) A caravan park resident or a caravan park owner or a caravan owner may apply to the Tribunal if—

(a) a dispute arises in respect of a residency right or an agreement relating to a residency right; or (b) there has been a breach of a duty under the caravan park provisions.

(3A) A site owner or site tenant may apply to the Tribunal if—

(a) a dispute arises in respect of a site agreement or an agreement relating to a site agreement; or

(ab) a dispute arises in respect of the rescission of a Part 4A dwelling purchase agreement under section 206JA; or (b) there has been a breach of a duty under the site agreement provisions.

(3B) An SDA provider or an SDA resident under an SDA residency agreement may apply to the Tribunal in relation to a dispute that has arisen under Part 12A.

(4) A person may apply to the Tribunal in relation to any dispute in respect of any amount paid to a proposed residential rental provider under section 50.

(5) A person who is not a residential rental provider or renter under a residential rental agreement may with the leave of the Tribunal apply to the Tribunal in relation to the residential rental agreement.

(6) A person who is not a caravan park resident or caravan park owner or caravan owner or rooming house resident or rooming house operator may with the leave of the Tribunal apply to the Tribunal in relation to a residency right.

(6A) A person who is not an SDA provider or SDA resident under an SDA residency agreement, with the leave of the Tribunal, may apply to the Tribunal in relation to the SDA residency agreement.

(7) Leave must not be granted unless the Tribunal is satisfied that the person has an interest and personal involvement in the residential rental agreement or residency right or an agreement relating to the residency right that is sufficient to justify the granting of leave.

(7A) Leave must not be granted under subsection (6A) unless the Tribunal is satisfied that the person has an interest and personal involvement in the SDA residency agreement that is sufficient to justify the granting of leave. (8) The provisions of this section are in addition to all other rights and powers under this Act.

(9) Without limiting the matters which the Tribunal may consider, the Tribunal must consider the Director's guidelines in determining an application under this section.

* * * * *

Division 4—Orders of Tribunal

472 General power of Tribunal to make determinations

(1) The Tribunal, on an application to or in proceedings before it, may make any orders it thinks fit—

(a) to restrain any action in breach of a residential rental agreement or the provisions of this Act relating to a residential rental agreement;

(b) to require any action in the performance of a residential rental agreement or of duties under this Act relating to the residential rental agreement; (c) to restrain any action in breach of the rooming house provisions or caravan park provisions; (d) to require any action in the performance of duties under the rooming house provisions or caravan park provisions;

(da) to restrain any action in breach of a site agreement or the provisions of this Act relating to a site agreement;

(db) to require any action in the performance of a site agreement or of duties under this Act relating to the site agreement;

(dc) to require the refund of money paid under a rescinded Part 4A dwelling purchase agreement;

(dd) for the return of a Part 4A dwelling under a rescinded Part 4A dwelling purchase agreement; (e) for the return of goods unlawfully taken or removed from—

(i) rented premises by a party to the residential rental agreement; or

(ii) a room by a rooming house operator or resident; or

(iii) a caravan or site by a caravan owner, caravan park owner or resident; or

(iv) a Part 4A dwelling or a Part 4A site by a site owner or site tenant;

(f) to require the payment of compensation to any person;

(fa) in respect of any dispute arising under Part 12A;

(fb) declaring that a term of a residential rental agreement is invalid under section 27;

(fc) declaring that a term of a fixed term rooming house agreement is invalid under section 94AC or a term of an agreement under section 94(2) is invalid under section 94(3);

(fd) declaring that a term of an agreement under section 144 is invalid under section 144(4) or (4A);

(fe) declaring that a term of a site agreement is invalid under section 206F(4);

(g) that are ancillary or incidental to any other orders that it makes.

(1A) Without limiting this section, the Tribunal, on an application or in a proceeding before it for a contravention of section 30E, may make any orders it thinks fit, including the following—

(a) an order terminating the residential rental agreement; (b) an order requiring the payment of compensation to any person.

(1B) Subsection (1A)(a) applies despite the operation of section 91B. (2) The powers of the Tribunal under this section are in addition to all other powers of the Tribunal under this Act.

473 Powers of Tribunal where 2 or more residential rental agreements affect same premises

(1) If there are 2 or more residential rental agreements in respect of the same premises and the rights of the residential rental provider and renter under any of the agreements are prejudicially affected by the application of this Act to 2 or more of the agreements, the Tribunal may make any orders it thinks fit—

(a) to give effect to the rights under this Act of the renter in possession under a residential rental agreement; and

(b) subject to that first order, to give effect to the rights under this Act of each renter and each residential rental provider of the premises.

(2) This section applies only to residential rental agreements to which this Act applies. (3) The powers of the Tribunal under this section are in addition to all other powers of the Tribunal under this Act.

* * * * *

479 Review of certain determinations and orders

(1) This section applies to—

(a) a determination made by the Tribunal under section 415;

(ab) a determination made by the Tribunal under section 91ZZT, 142ZY or 206AZN.

* * * * *

(2) A person to whom a determination referred to in subsection (1) applies may apply to the Tribunal for review of the determination on the ground that there has been a breach of, or a failure to comply with, this Act.

(3) Homes Victoria may apply to the Tribunal for review of a determination referred to in subsection (1) that relates to a bond paid on behalf of a renter or resident by Homes Victoria or an agent of Homes Victoria. (4) An application under this section must be made within 14 days after the person is given a copy of the determination. (5) If, on an application under this section, the Tribunal is satisfied that there has been a breach of, or a failure to comply with, this Act, the Tribunal may rescind or vary the determination. (6) Nothing in Division 3 of Part 3 of the Victorian Civil and Administrative Tribunal Act 1998 applies to a review under this section.

480 Offence to fail to comply with determination of Tribunal

(1) A person to whom a determination of the Tribunal under this Act applies must comply with that determination.

Penalty: 20 penalty units and 5 penalty units for each day the non-compliance continues after the time within which the person is required to comply with the determination, up to a maximum of 60 penalty units.

(2) This section applies—

(a) despite anything to the contrary in section 133 of the Victorian Civil and Administrative Tribunal Act 1998; and (b) whether the determination of the Tribunal relates to a monetary order or a non-monetary order within the meaning of the Victorian Civil and Administrative Tribunal Act 1998.

481 Tribunal may order agent to provide details of residential rental provider

(1) The Tribunal, in any proceeding, may make an order requiring an agent of a residential rental provider to provide, for the purposes of the proceeding, the following information about the residential rental provider—

(a) the residential rental provider's full name; (b) if the residential rental provider is a corporation—

(i) the provider's ABN or ACN; and (ii) the address of the provider's registered office;

(c) if the residential rental provider is not a corporation, the provider's street address.

(2) A person to whom an order of the Tribunal under this section applies must comply with that order.

* * * * *

* * * * *