Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 206AG

    (1)     A person specified in subsection (2) may apply to the Tribunal for—

        (a)     an order terminating the existing agreement under section 144; or

        (b)     an order—

              (i)     terminating the existing agreement under section 144; and

              (ii)     requiring the caravan park owner or caravan owner (as the case may be) to enter into a new agreement under section 144 with the persons and other persons (if any) specified in the application.

    (2)     For the purposes of subsection (1), the following persons are specified—

        (a)     a party to the existing agreement under  section 144 who—

              (i)     has been or is being subjected to family violence by another party to the existing agreement; or

              (ii)     is a protected person under a personal safety intervention order made against another party to the existing agreement;

        (b)     a person—

              (i)     who is residing on the site or occupying a caravan as the person's principal place of residence; and

              (ii)     who is not a party to the agreement under section 144; and

              (iii)     who—

    (A)     has been or is being subjected to family violence by a party to the existing agreement; or

    (B)     is a protected person under a personal safety intervention order made against a party to the existing agreement.

    (3)     For the purposes of subsection (2), a reference to a person who has been or is being subjected to family violence includes a person who is a protected person under a family violence safety notice, family violence intervention order or recognised non-local DVO.

    (4)     An application under subsection (1) may be made without the consent of the caravan park owner or caravan owner (as the case may be) or any other party to the existing agreement under section 144.

    (5)     If a person specified in subsection (2) is a child, an application under subsection (1) may be made on that child's behalf by a parent or guardian of the child who lives in the caravan or at the caravan park (as the case may be) with the child.

    (6)     For the purposes of a proceeding in relation to an application for an order under subsection (1), each of the following persons is a party to the proceeding—

        (a)     the applicant or a person on whose behalf the application was made;

        (b)     the caravan park owner or caravan owner (as the case may be);

        (c)     any resident who is excluded from the site, caravan or caravan park under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order that protects a person specified in subsection (2);

        (d)     any other existing residents of the site or caravan.

    (7)     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.

S. 206AH inserted by No. 45/2018 s. 238 (as amended by No. 1/2021 s. 96).