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(d) the Director; or
(e) a person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act; or (f) a person to whom the Director had delegated a function or power under this Act.
Penalty: 150 penalty units.
(a) making a record of or divulging or communicating information—
(i) in the performance of a function or the exercise of a power under this or any other Act; or
(ia) to a law enforcement agency or other government agency, for a purpose referred to in clause 2.1(g) and (h) of Schedule 1 to the Privacy and Data Protection Act 2014; or (ii) with the written authority of the Minister; or (iii) with the written authority of the person to whom the information relates; or
(b) producing a document to a court in the course of criminal proceedings or in the course of any proceedings under this or any other Act; or (c) divulging or communicating to a court in the course of any proceedings referred to in paragraph (b) any matter or thing coming under his or her notice in the performance of a function or the exercise of a power referred to in paragraph (a); or (d) providing non-identifying information for statistical purposes only to any person approved by the Minister.
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A person must not make, in relation to a residential rental agreement, a proposed residential rental agreement, a site agreement, a proposed site agreement or a residency right, a false and fraudulent misrepresentation as to—
(a) a provision of this Act; or
(b) a term included or to be included in the residential rental agreement or site agreement; or
(c) a matter affecting a person's rights or duties under this Act or a residential rental agreement, proposed residential rental agreement, site agreement or proposed site agreement.
Penalty: 150 penalty units in the case of a natural person;
A person must not, in relation to a residential rental agreement, a proposed residential rental agreement, a site agreement, a proposed site agreement or a residency right, by threat or intimidation persuade or attempt to persuade—
(a) a party to the residential rental agreement or proposed residential rental agreement; or (b) a resident; or
(c) a rooming house operator; or
(d) a caravan owner or a caravan park owner; or
(e) a party to the site agreement or proposed site agreement—
not to exercise his or her rights to take or continue proceedings under this Act.
Penalty: 150 penalty units in the case of a natural person;
A person must not in relation to a residential rental agreement, a proposed residential rental agreement, a site agreement, a proposed site agreement or a residency right, aid, abet, counsel or procure the commission of an offence against this Act.
Penalty: 150 penalty units in the case of a natural person;
A person must not knowingly make a false or misleading statement or provide false or misleading information to the Authority or the Director under this Act.
Penalty: 150 penalty units in the case of a natural person;
(a) subject to this Act, rent under the residential rental agreement; or (b) an amount or penalty provided for in this Act.
Penalty: 150 penalty units in the case of a natural person;
(a) rent in accordance with this Act; or (b) any other payment provided for in this Act.
Penalty: 150 penalty units in the case of a natural person;
(a) rent or a hiring charge in accordance with this Act; or (b) any other payment provided for in this Act.
Penalty: 150 penalty units in the case of a natural person;
(a) subject to this Act, rent under the site agreement; or (b) an amount or penalty provided for in this Act.
Penalty: 150 penalty units in the case of a natural person;
Penalty: 600 penalty units.
Penalty: 600 penalty units.
The owner or operator of any residential premises that is formally affiliated with a school or institution which provides education and training must display prominently in a public or common area of the residential premises a notice in the prescribed form—
(a) which has been endorsed in the prescribed manner by the school or institution (as the case may be); and
(b) which specifies that this Act does not apply to a residential rental agreement or room in respect of the residential premises because of the formal affiliation of the residential premises with the school or institution.
Penalty: 25 penalty units.
(a) an SDA provider or a person who is or has been employed or engaged by an SDA provider or who otherwise provides or has provided SDA enrolled dwellings under Part 2 or 12A; (b) a person who is or has been appointed to any office under this Act or the Disability Act 2006 or employed or engaged under this Act or the Disability Act 2006 to perform a function under Part 2 or 12A in relation to the provision of an SDA enrolled dwelling.
Penalty: 20 penalty units.
(a) the person or body does so for the purpose for which the information has been disclosed to the person or body; or (b) the person or body is authorised by or under an Act or other law to do so.
Penalty: 20 penalty units.
(a) to the extent that the information is reasonably required in connection with the performance of a duty or the exercise of a power or function under this or any other Act; and (b) by an SDA provider to the Director of information of a statistical nature which the SDA provider is required to provide under this Act for the purpose of enabling the Director to perform functions conferred, and meet obligations imposed, on the Director under this Act or any Commonwealth Act; and (c) with the consent of the person to whom the information relates or of that person's guardian or of that person's next-of-kin if that person is dead; and (d) to a supportive attorney under a supportive attorney appointment, within the meaning of the Powers of Attorney Act 2014; and (e) to a medical treatment decision maker within the meaning of the Medical Treatment Planning and Decisions Act 2016, to the extent that it is necessary to enable the medical treatment decision maker to make medical treatment decisions on behalf of the person to whom the information relates; and (f) to a support person within the meaning of the Medical Treatment Planning and Decisions Act 2016 to the extent that is necessary to enable the support person to carry out the functions of a support person under that Act; and (g) to another person to whom subsection (2) applies, if the disclosure is reasonably required in connection with the provision by that other person of SDA enrolled dwellings under this Act to the person to whom the information relates; and (h) to any person to the extent that is necessary in connection with the provision of care or treatment to the person to whom the information relates if the person to whom the information relates is unable to consent to the disclosure and without the disclosure the person may, in the opinion of the discloser, suffer detriment; and (i) to the Secretary within the meaning of the Disability Act 2006; and (j) to the Disability Services Commissioner within the meaning of the Disability Act 2006; and (k) to the Senior Practitioner within the meaning of the Disability Act 2006; and (l) to the Public Advocate; and (m) to a person to whom, in the opinion of the Director, it is in the public interest that the disclosure be made; and (n) to the NDIA and to any prescribed person or body, and to any person or body of a prescribed class of person or body, for the purposes of the NDIS; and (o) to the NDIS Quality and Safeguards Commission established under section 181A of the National Disability Insurance Scheme Act 2013 of the Commonwealth; and (p) to the Commonwealth Minister administering the Aged Care Act 1997 of the Commonwealth for the purposes of providing or arranging accommodation for a person with a disability who is or was receiving specialist disability accommodation in an SDA enrolled dwelling; and (q) to a prescribed body for the purposes of exercising a duty or performing a function under this or any other Act.
(a) by delivering it personally to the person; or (b) by leaving it at the person's usual or last known place of residence or business with a person apparently over the age of 16 years and apparently residing or employed at that place; or (c) by sending it to the person by post addressed to the person's usual or last known place of residence or business; or (d) if the person is a corporation—
(i) by sending it by post to the registered office in Victoria of the corporation; or (ii) by giving it to a person who is an officer of the corporation who is authorised to accept service of notices and who is employed at the registered office of the corporation; or
(da) by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000; or (e) in the manner ordered by the Tribunal.
(a) by delivering it to the residential rental provider or to that person's agent or to the person who usually collects the rent; or (b) by sending it by post addressed—
(i) to the residential rental provider's at that person's address for service of documents; or
(ii) to the residential rental provider's agent at the agent's usual place of business; or
(c) by giving it to a person employed in the office of the residential rental provider's agent.
(a) by delivering it to the site owner or to the site owner's agent or to the person who usually collects the rent; or (b) by sending it by post addressed—
(i) to the site owner at the site owner's address for service of documents; or (ii) to the site owner's agent at the agent's usual place of business; or
(c) by giving it to a person employed in the office of the site owner's agent.
(a) by delivering it personally to the renter, resident or site tenant; or
(b) by sending the notice by registered post addressed to the renter, resident or site tenant at the rented premises, room, site or Part 4A site; or
(ba) by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000; or (c) in the manner ordered by the Tribunal.
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(a) by delivering it personally to the SDA resident and the SDA resident's guardian or SDA resident's administrator (if any); or (b) by sending the notice by ordinary post addressed to—
(i) the SDA resident at the SDA enrolled dwelling; and (ii) the SDA resident's guardian or SDA resident's administrator (if any); or
(c) by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000; or (d) in the manner ordered by the Tribunal.
NoteSee also section 498E for further requirements in respect of notices given under Part 12A.
(a) by delivering it personally to the person; or (b) by leaving it at the address nominated by the person under section 33 or 85 of the Family Violence Protection Act 2008 with a person apparently over the age of 16 years and apparently residing or employed at that place; or (c) by sending it to the person by post or email to the address nominated by the person under section 33 or 85 of the Family Violence Protection Act 2008; or (d) by leaving it at the person's last known address (other than a place from which the person is excluded under the Family Violence Protection Act 2008) with a person apparently over the age of 16 years and apparently residing or employed at that place; or (e) by sending it to the person by post or email to the person's last known postal or email address (other than to an address from which the person is excluded under the Family Violence Protection Act 2008); or (f) in the manner ordered by the Tribunal.
(a) by delivering it personally to the person; or (b) by leaving it at the address nominated by the person under section 70 of the Personal Safety Intervention Orders Act 2010 with a person apparently over the age of 16 years and apparently residing or employed at that place; or (c) by sending it to the person by post or email to the address nominated by the person under section 70 of the Personal Safety Intervention Orders Act 2010; or (d) by leaving it at the person's last known address (other than a place from which the person is excluded under the Personal Safety Intervention Orders Act 2010) with a person apparently over the age of 16 years and apparently residing or employed at that place; or (e) by sending it to the person by post or email to the person's last known postal or email address (other than to an address from which the person is excluded under the Personal Safety Intervention Orders Act 2010); or (f) in the manner ordered by the Tribunal.
(a) by delivering it personally to the person; or (b) by leaving it at the person's last known address (other than a place from which the person is excluded under the DVO) with a person apparently over the age of 16 years and apparently residing or employed at that place; or (c) by sending it to the person by post or email to the person's last known postal or email address (other than to an address from which the person is excluded under the DVO); or (d) in the manner ordered by the Tribunal.
If, in any proceedings, a person claims that this Act, or a provision of this Act, does not apply in relation to the subject-matter of the proceedings, the onus of proving that this Act or that provision does not so apply lies on that person.
(a) any reference in Part 6.4 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act; and (b) the reference in section 155(3)(a) of the Australian Consumer Law and Fair Trading Act 2012 to "premises that is used for residential purposes" were taken to exclude a common area within the meaning of this Act in a rooming house.
(a) section 209 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to any section of that Act were a reference to that section as applied by subsection (1) or (2); (b) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act; (c) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings for an offence against a provision of this Act (except Part 14 and an offence applied by subsection (1)); or (ii) proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)) against a person alleged to have contravened a provision of this Act (except Part 14 and an offence applied by subsection (1)); or (iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)).
(a) the Director; or (b) a person authorised by the Director for the purposes of this section; or
(c) a police officer.
Despite section 7(1) of the Criminal Procedure Act 2009, proceedings for the following offences may be commenced within the period of 3 years after the commission of the alleged offence—
(a) an offence against section 31(1), 96 or 147; (b) an offence against section 35(1), 97(1) or 148(1); (c) an offence against section 37(1); (d) an offence against section 66(1), 124 or 182; (e) an offence against section 146(3); (f) an offence against section 183(1); (g) an offence against section 405(1) or (4); (h) an offence against section 406.
(a) a residential rental agreement of premises situated in Victoria; or (b) a right or duty created under this Act in relation to a rooming house; or
(c) a right or duty created under this Act in relation to a caravan park; or
(d) a site agreement in respect of a Part 4A site—
being an application that, if made to the Tribunal, the Tribunal would, but for section 447, have been entitled to hear and determine.
In addition to any other parties, the following are parties to a proceeding in the Tribunal under this Act—
(a) a person in relation to whom the application in the proceeding is made; (b) a person whose alleged act or omission forms the basis of the application in the proceeding; (c) a person against whom an order is sought in the proceeding.
In this Division—
authorised officer means—
(a) an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012; (b) a police officer; (c) a person authorised in writing by the Director.
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If satisfied it is in the public interest to do so, the Minister or Director may publish a public statement or issue a public warning identifying and giving information about the following—
(a) premises offered for residential occupation under Part 2; (b) a rooming house or a room in a rooming house under Part 3; (c) a caravan or caravan park under Part 4; (d) a park under Part 4A; (e) premises, rooms, caravans or sites (as the case may be) occupied under agreements or residency rights to which Parts 2, 3, 4 and 4A apply; (f) persons who have engaged in conduct contrary to this Act.
(a) makes the claim or representation as an information provider by publishing it on behalf of another person in the course of carrying on a business of providing information; and (b) does not have a commercial relationship with the other person other than for the purpose of—
(i) publishing claims or representations promoting, or apparently intended to promote, the other person's business or other activities; or (ii) the other person supplying insurance to the person.
(a) give information or produce documents or both to the Director that could be capable of substantiating or supporting the claim or representation; (b) give information or produce documents or both to the Director that are of a kind specified in the notice.
(a) state the name of the person to whom it is to be given; and (b) specify the claim or representation to which it relates; and (c) give notice to the residential rental provider or that person's agent of—
(i) the right to extend the period of compliance with the notice; and (ii) the proposed penalty for failing to comply with the notice; and (iii) the proposed penalty for providing false or misleading information in response to the notice.
Penalty: 60 penalty units, in the case of a natural person; 300 penalty units, in the case of a body corporate.
(a) incriminate the person; or (b) expose the person to a penalty.
(a) the period of 21 days specified in the compliance notice; or (b) if an application is made under section 510M, the period of 21 days specified in the compliance notice, in addition to the period up until the time when the applicant is given notice of the Director's decision on the application; or (c) if the period for complying with the notice has been extended under section 510M, the extended period.
A person must not, in compliance or purported compliance with a substantiation notice—
(a) knowingly give the Director false or misleading information; or (b) produce to the Director a document that contains false or misleading information unless the document is accompanied by a statement made by the person that identifies that the information is false or misleading.
Penalty: 60 penalty units, in the case of a natural person; 300 penalty units, in the case of a body corporate.
(a) criteria to be considered by a school or institution which provides education and training before entering a written agreement referred to in section 21(2);
(ab) prescribing work to be urgent site repairs;
(ac) prescribing rental minimum standards, including but not limited to the following—
(i) the cleanliness and state of repair of rented premises; (ii) the privacy, security and amenity of rented premises; (iii) prescribing or requiring compliance with any other standards prescribed under any other Act or law in relation to, or applicable to, the condition of any residential premises, including energy and water efficiency standards; (iv) prescribing or requiring compliance with industry minimum standards;
(b) the form of a notice required to be displayed under section 505B;
(c) endorsements by schools or institutions which provide education and training of notices required to be displayed under section 505B;
(d) the manner of lodgment of documents with the Authority or the Director (including electronic lodgment and lodgment by facsimile);
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(f) prescribing a standard form of residential rental agreement for a fixed term not exceeding 5 years;
(faa) prescribing standard form residential rental agreements for residential rental agreements, or classes of residential rental agreements, for a fixed term of more than 5 years, including but not limited to the following—
(i) prescribing terms which may be inconsistent with, or vary the requirements of, Part 2 (other than Division 2 and Division 9 of that Part);
(ii) prescribing, in relation to residential rental agreements for a fixed term of more than 5 years, alternative terms which may be included in the standard form residential rental agreement or other form of residential rental agreement, or classes of residential rental agreement;
(faab) prescribing prohibited terms for residential rental agreements, or classes of residential rental agreements, for a fixed term of more than 5 years;
(fa) prescribing the form and content of a written statement required under section 206ZR;
(fb) prescribing the form and content of a site agreement or class of site agreement required under section 206F;
(fc) the minimum term that must be offered by a site owner or a class of site owners;
(fd) the rents, fees and charges that may be imposed under a site agreement;
(fe) the manner in which rents, fees and charges may be calculated and adjusted under a site agreement;
(ff) prescribing the matters to be included in Part 4A park rules; (g) prescribing forms and information to be used for the purposes of this Act;
(ga) prescribing particulars to be included in, and other matters in relation to, the Rooming House Register;
(h) prescribing penalties not exceeding 20 penalty units for a breach of the regulations;
(ha) prescribing a standard form of SDA residency agreement;
(hb) prescribing a person or body to which a matter relating to an SDA enrolled dwelling may be referred;
(hc) prescribing a person or body for the purposes of section 505C(4); (i) generally prescribing any matter or thing required or authorised to be prescribed by this Act.
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(a) be of general or limited application; (b) differ according to differences in time, place or circumstance;
(ba) apply at all times or specified times;
(bb) require matters in the regulations to be—
(i) in accordance with specified standards or specified requirements; or (ii) approved by, or to the satisfaction of, a specified person or body or specified classes of person or body; or (iii) as specified in both subparagraphs (i) and (ii);
(bc) apply, adopt or incorporate any matter contained in any document or any method, whether—
(i) wholly or partially or as amended by the regulations; or (ii) as formulated or published on or before the date when the regulations are made; or (iii) as formulated or published from time to time;
(bd) confer a discretionary authority or impose a duty on a specified person or body or specified classes of person or body;
(be) provide for the exemption of a person or thing or classes of person or thing from any of the regulations, whether—
(i) unconditionally or on specified conditions; and (ii) either wholly or to such an extent as is specified;
(c) leave any matter or thing to be from time to time determined or approved by the Director or the Authority.