The functions of the Director under this Act are—
(a) to investigate—
(i) any matter referred to him or her by the Tribunal or the principal registrar;
(ii) any application made to the Director under Part 2, 3, 4 or 4A in relation to excessive rent or hiring charges;
(iii) any complaint made by a renter under a residential rental agreement that the residential rental provider is in breach of a duty to maintain the rented premises in good repair;
(b) to investigate, if the Director considers it appropriate to do so—
(i) any other dispute in relation to a residential rental agreement between a residential rental provider and a renter that is referred by the residential rental provider or the renter;
(ii) any matter arising under the rooming house provisions; (iii) on the written application of a resident, caravan park owner or caravan owner any matter arising under the caravan park provisions;
(iv) on the written application of a site tenant or site owner, any matter arising under the site agreement provisions;
(c) to report on an investigation under paragraph (a) or (b) to the person who referred the matter or dispute or made the application or complaint;
(ca) to report on an investigation under paragraph (b)(ii) to any person to whom the matter under investigation relates; (d) to conciliate settlements of complaints or disputes referred to him or her under paragraph (a)(iii) or (b); (e) to undertake programs for the dissemination (in English or in any other language) of information to educate or inform the public in relation to the provisions of this Act and the services provided under this Act by the Director;
(f) to publish standard form residential rental agreements;
(fa) to issue guidelines;
(g) to conduct research into matters relating to residential rental agreements, rooming houses, caravan parks or Part 4A parks and to disseminate that research; (h) to liaise, co-operate and exchange information with, and to provide financial assistance from the Residential Tenancies Fund to government departments, public statutory authorities and other persons engaged in—
(i) the provision of information in relation to the provisions of this Act; (ii) educating or informing the public in relation to this Act and the services provided under this Act;
(iii) conducting research into matters relating to residential rental agreements, rooming houses, caravan parks or Part 4A parks or publishing the results of that research;
(ha) to administer the Rent Special Account;
(hb) to monitor compliance with this Act; (i) any other functions conferred on the Director by or under this Act.
(a) in the Government Gazette; and (b) on an Internet site maintained by the Director.
(a) to investigate, if the Director considers it appropriate to do so, on the written application of an SDA provider, SDA resident or a person on behalf of an SDA resident, any matter arising under Part 12A; and (b) to report on an investigation under paragraph (a) to the person who made the application and any person on whose behalf the application was made; and (c) to conciliate settlements of complaints or disputes referred to the Director under paragraph (a); and (d) to publish standard form SDA residency agreements; and
(e) to conduct research into matters relating to SDA residency agreements and to disseminate that research; and
(f) to maintain a list recording the details of SDA residency agreements the Director is notified of under section 498F(5).
(a) the provision of information in relation to Part 12A; and (b) educating or informing the public in relation to Part 12A and the services provided under that Part; and (c) conducting research into matters relating to SDA residency agreements or publishing the results of that research.
(a) decline to deal with the matter; and (b) refer it to the prescribed person or body.
The Director has the power to do anything that is necessary or convenient to be done for or in connection with the performance of the Director's functions under this Act.
The Director is subject to the general direction and control of the Minister in carrying out his or her powers and functions under this Act.
The Director may, by instrument, delegate to any officer or employee in the public service or of a public statutory authority any of the Director's powers or functions under this Act, except this power of delegation.
There shall be kept in the Trust Fund under the Financial Management Act 1994 an account to be called the "Residential Tenancies Fund".
There must be paid into the Residential Tenancies Fund—
(a) all money required or authorised by or under this Act or any other Act to be paid into the Residential Tenancies Fund; and (b) all penalties paid or recovered under this Act; and (c) all fees paid under this Act; and (d) any gift, donation or bequest of money to the Residential Tenancies Fund.
There must be paid out of the Residential Tenancies Fund at the direction of the Director—
(a) any money authorised by or under this Act to be paid out of the Residential Tenancies Fund; and (b) the costs of administration of this Act, other than Part 10.
The Treasurer—
(a) may from time to time invest money in the Residential Tenancies Fund in any manner the Treasurer thinks fit; and (b) must pay into the Residential Tenancies Fund any interest received on the money so invested.
The Director may authorise payment from the Residential Tenancies Fund of financial assistance to government departments, public statutory authorities and other persons engaged in—
(a) the provision of information in relation to the provisions of this Act; (b) educating or informing the public in relation to this Act and the services provided under this Act;
(c) conducting research into matters relating to residential rental agreements, rooming houses, caravan parks or Part 4A parks or publishing the results of that research.
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If—
(a) the Tribunal refers a question of law in a proceeding under this Act to the Trial Division of the Supreme Court or the Court of Appeal under section 96 of the Victorian Civil and Administrative Tribunal Act 1998; and (b) the Director considers that the question is of general public importance—
the Director may authorise payment of some or all of the costs of the referral out of the Residential Tenancies Fund.
The Director may apply to the Magistrates' Court for an order under this Division.
(a) has contravened a pecuniary penalty provision; or (b) has attempted to contravene a pecuniary penalty provision; or (c) has intentionally assisted, encouraged or directed another person to contravene a pecuniary penalty provision; or (d) entered into an agreement, arrangement or understanding with another person to contravene a pecuniary penalty provision; or (e) has induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene a pecuniary penalty provision; or (f) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of a pecuniary penalty provision; or (g) has conspired with others to contravene a pecuniary penalty provision.
(a) the nature and extent of the act or omission and of any loss or damage suffered as a result of the act or omission; (b) the circumstances in which the act or omission took place; (c) whether the person has previously been found by a court in any proceeding under this Division to have engaged in any similar conduct.
(a) for a pecuniary penalty provision set out in Part 1 of Schedule 1A—
(i) in the case of a natural person—$40 000; (ii) in the case of a body corporate—$200 000;
(b) for a pecuniary penalty provision set out in Part 2 of Schedule 1A—
(i) in the case of a natural person—$60 000; (ii) in the case of a body corporate—$300 000.
(a) a proceeding may be commenced under this section against the person in relation to the contravention of any one or more of the provisions; and (b) the person is not liable to more than one pecuniary penalty under this section for the same conduct.
(a) a criminal proceeding commences or has already commenced against the person for an offence; and (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the residential rights contravention.
(a) may be resumed if the person is not convicted of the offence; or (b) is dismissed if the person is convicted of the offence.
(a) the individual previously gave the evidence or produced the documents in any proceeding for an order under section 498AD against the individual in relation to a residential rights contravention (whether or not the order was made); and (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.
If, in a proceeding under section 498AD against an individual, it appears to the Magistrates' Court that the person has, or may have, engaged in conduct constituting a residential rights contravention but that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person either wholly or partly from liability to a pecuniary penalty.
The Magistrates' Court must give preference to making an order for compensation if the Court considers that—
(a) it is appropriate to order a person to pay a pecuniary penalty under section 498AD in relation to a residential rights contravention;
and (b) it is appropriate to order the person to pay compensation to another person who has suffered loss or damage as a result of that contravention; and (c) the person does not have sufficient financial resources to pay both the pecuniary penalty and the compensation.
(a) a liability to pay a pecuniary penalty under section 498AD; (b) legal costs incurred in defending or otherwise being a party to any proceeding in which the person is found to have such a liability.
Penalty: 30 penalty units.
officer has the same meaning as in the Corporations Act.