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RESIDENTIAL TENANCIES ACT 1997 - SECT 206AJ

Cross-examination in a proceeding for termination or new agreement

    (1)     Unless the Tribunal gives leave, in a proceeding on an application under section 201AG(1)—

        (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 subsection (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)     The Tribunal may give leave under subsection (1) with or without conditions.

    (4)     If leave is given under subsection (1), the resident may only cross-examine the person subjected to family violence or the protected person

        (a)     as to those matters set out in section 206AH(2), in the case of an application under section 206AG(1)(b); and

        (b)     as to those matters set out in section 206AH(1B), in the case of an application under section 206AG(1)(a); and

        (c)     in accordance with any conditions to which the leave granted is subject.

Subdivision 3—Notice of intention to vacate or abandonment by resident

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



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