Victorian Numbered Acts Victorian Numbered ActsAfter section 79 of the Residential Tenancies Amendment Act 2018 insert —
After Subdivision 3 of Division 9 of Part 2 of the Principal Act insert —
91YA Application for termination of residential rental agreement because of coercion or deception of SDA resident
(1) An SDA resident who is a party to a residential rental agreement may apply to the Tribunal for any of the following orders on a ground specified in subsection (2)—
(a) an order terminating the existing residential rental agreement;
(b) an order—
(i) terminating the existing residential rental agreement; and
(ii) requiring the SDA provider who is a residential rental provider to enter a new residential rental agreement with the person who is an SDA resident and other persons (if any) specified in the application;
(c) if all the renters under the existing residential rental agreement are SDA residents, an order—
(i) terminating the residential rental agreement; and
(ii) requiring the SDA provider who is a residential rental provider to enter into, or establish, an SDA residency agreement with each person who is a renter under the existing residential rental agreement.
(2) The following grounds are specified for the purposes of subsection (1)—
(a) the SDA resident was coerced or deceived into entering into the residential rental agreement;
(b) the SDA resident did not receive an information statement as required under section 498D before entering into the residential rental agreement;
(c) the SDA resident was given an information statement under section 498D but did not receive an explanation of that statement under section 498E.
(3) For the purposes of a proceeding for an order under subsection (1), each of the following persons is a party to the proceeding—
(a) the SDA resident or one of the following persons who may make an application on behalf of the SDA resident—
(i) the Director;
(ii) the SDA resident's guardian (if any);
(iii) the SDA resident's administrator (if any);
(iv) the Public Advocate;
(b) the SDA provider;
(c) any other party to the existing residential rental agreement;
(d) any other person specified in the application as a party.
(4) An application under subsection (1) may be made without the consent of the SDA provider or any other party to the existing residential rental agreement.
(5) The Tribunal must hear an application under subsection (1)—
(a) within 3 business days of the application being made; or
(b) if the application cannot be heard within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period.
(6) If an application is made under subsection (1), any other action that could otherwise be taken in respect of the existing residential rental agreement is stayed until the Tribunal determines the application.
91YB Tribunal orders
(1) On an application under section 91YA(1), the Tribunal may—
(a) order the dismissal of the application; or
(b) if satisfied that the SDA resident was coerced or deceived into entering a residential rental agreement or that the SDA resident did not receive an information statement under section 498D or an explanation of the information statement under section 498E—
(i) order the termination of the existing residential rental agreement; or
(ii) order the termination of the existing residential rental agreement and that the SDA provider enter into a new residential rental agreement with the SDA resident and other persons (if any) specified in the application; or
(iii) if all renters to the agreement are SDA residents, order the termination of the existing residential rental agreement and require the SDA provider to enter into or establish an SDA residency agreement with each SDA resident.
(2) If the Tribunal makes an order under subsection (1)(b), the Tribunal must specify the date on which the existing residential rental agreement terminates.
(3) For the purposes of subsection (1)(b), the Tribunal may—
(a) adjourn the application to determine a termination date in consultation with the renters party to the existing residential rental agreement; or
(b) adjourn the application to allow the parties to the agreement to enter into a new residential rental agreement or to enter into, or establish, one or more SDA residency agreements (as appropriate); or
(c) if, during an adjournment the parties to the residential rental agreement are—
(i) unable to enter into a new residential rental agreement, direct the parties to enter into a new residential rental agreement on terms declared by the Tribunal; or
(ii) unable to enter into, or establish, one or multiple SDA residency agreements (as appropriate), direct the parties to enter into one or multiple new SDA residency agreements (as appropriate) on terms declared by the Tribunal.
(4) If the Tribunal makes an order under subsection (1)(b), having regard to any financial disadvantage suffered by the renter and regardless of any loss or damage suffered by the SDA provider, the Tribunal may—
(a) order that any bond paid by the renter under the existing residential rental agreement be paid out by the Authority to the renter and, if there is more than one renter under the existing residential rental agreement, apportion the bond to be paid out by the Authority between the renters; and
(b) revoke any compensation orders that have been issued against the renter.
(5) In determining an application under section 91YA(1), the Tribunal may take into account the Director's guidelines.".'.