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RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 378

Victorian Civil and Administrative Tribunal Act 1998

    (1)     For clause 67AA(b) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute

    "(b)     clauses 71, 72, 73, 73A, 73B, 74 and 75;".

    (2)     For clause 67A(1) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute

    "(1)     The following parties to a proceeding under the Residential Tenancies Act 1997 may be accompanied at a hearing by a person ( support person ) for the purposes of that person providing support to the party—

        (a)     a party who is a protected person;

        (b)     a party who is a respondent under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order.".

    (3)     For clause 67A(3) of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute

    "(3)     In this clause—

family violence intervention order has the same meaning as in the Family Violence Protection Act 2008 ;

"family violence safety notice" has the same meaning as in the Family Violence Protection Act 2008 ;

personal safety intervention order has the same meaning as in the Personal Safety Intervention Orders Act 2010 ;

"protected person" has the same meaning as in the Residential Tenancies Act 1997 ;

"recognised non-local DVO" has the same meaning as in the Residential Tenancies Act 1997 .".

    (4)     For clause 68 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute

        "     68     Notification of commencement in circumstances of family violence

    (1)     The principal registrar must undertake service of a copy of an application on an applicant's behalf under section 72 if—

        (a)     the applicant is a protected person; and

        (b)     the applicant has made an application under section 91V, 142S, 206AG or 207M of the Residential Tenancies Act 1997 ; and

        (c)     the applicant is required under section 72(1) to serve a copy of the application on a person who is a respondent under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order under which the applicant is a protected person; and

        (d)     the applicant requests the principal registrar to undertake service on the respondent on behalf of the protected person; and

        (e)     the applicant gives the principal registrar the last known residential or business address of the respondent.

    (2)     In this clause—

family violence intervention order has the same meaning as in the Family Violence Protection Act 2008 ;

"family violence safety notice" has the same meaning as in the Family Violence Protection Act 2008 ;

personal safety intervention order has the same meaning as in the Personal Safety Intervention Orders Act 2010 ;

"protected person" has the same meaning as in the Residential Tenancies Act 1997 ;

"recognised non-local DVO" has the same meaning as in the Residential Tenancies Act 1997 .".

    (5)     After clause 72 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 insert

        " 72A     Notification of certain orders and application withdrawals for bonds

The principal registrar must give written notice to the Residential Tenancies Bond Authority established under section 429 of the Residential Tenancies Act 1997 of—

        (a)     an order by the Tribunal under section 420B of that Act; or

        (b)     the withdrawal of any application made under section 419A of that Act.".

    (6)     For clause 73A of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 substitute

        " 73A     Evidence

    (1)     Despite section 102(1)(b), in a proceeding under the Residential Tenancies Act 1997 , unless the Tribunal gives leave—

        (a)     a person subjected to family violence must not be personally cross-examined by the person who subjected that person to the family violence; and

        (b)     a protected person under a personal safety intervention order must not be personally cross-examined by the person against whom the personal safety intervention order was made.

    (2)     For the purposes of subclause (1), a reference to a person subjected to family violence includes a protected person under a family violence safety notice, family violence intervention order or recognised non-local DVO.

    (3)     In this clause—

family violence intervention order has the same meaning as in the Family Violence Protection Act 2008 ;

"family violence safety notice" has the same meaning as in the Family Violence Protection Act 2008 ;

personal safety intervention order has the same meaning as in the Personal Safety Intervention Orders Act 2010 ;

"recognised non-local DVO" has the same meaning as in the Residential Tenancies Act 1997 .".

    (7)     In the heading to clause 77 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 , for " landlords " substitute " residential rental providers ".

    (8)     In clause 77 of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998

        (a)     for "landlord" substitute "residential rental provider";

        (b)     in paragraphs (a), (b) and (c), for "landlord's" substitute "residential rental provider's".



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