Victorian Current Acts Victorian Current Acts(1) In the case of an application under section 209, if the Tribunal is satisfied that the person was entitled to give the notice and that it was not complied with it may make any or all of the following orders—
(a) the person in breach must remedy the breach as specified in the order;
(b) the person in breach must pay compensation as specified in the order;
(c) the person in breach must refrain from committing a similar breach.
S. 212(1A) inserted by No. 40/2018 s. 14, amended by No. 45/2018 s. 233(1).
(1A) In the case of an application under section 209AA, if the Tribunal is satisfied that the prohibited term of the residential rental agreement was breached the Tribunal may make any or all of the following orders—
(a) the party in breach must remedy the breach as specified in the order;
(b) the party in breach must pay compensation as specified in the order;
(c) the party in breach must refrain from committing a similar breach.
S. 212(1B) inserted by No. 45/2018 s. 233(2).
(1B) In the case of an application under section 209AAB, if the Tribunal is satisfied that the residential rental provider has not reimbursed the renter for the cost of the urgent repairs within 7 days after receiving written notice, the Tribunal may order the residential rental provider to pay the renter for the urgent repairs as specified in the order.
S. 212(2) amended by No. 67/2010 s. 16(a).
(2) In the case of an application under section 210 or 210B, if the Tribunal is satisfied that compensation should be paid it may make an order directing a person to pay compensation as specified in the order.
S. 212(2A) inserted by No. 63/2005 s. 25(1), amended by No. 45/2018 s. 233(3).
(2A) In the case of an application under section 210A, if the Tribunal is satisfied that a rooming house operator has failed to comply with section 94B, 529 or 531—
S. 212(2A)(a) amended by No. 45/2018 s. 233(3).
(a) the Tribunal may make an order requiring the rooming house operator to comply with that provision; and
S. 212(2A)(b) amended by No. 45/2018 s. 233(3).
(b) if the Tribunal is satisfied that compensation should be paid it may make an order directing the rooming house operator to pay compensation as specified in the order.
S. 212(3) amended by No. 67/2010 s. 16(b).
(3) If an application is in relation to an alleged breach of house rules, caravan park rules or Part 4A park rules, in addition to the orders set out in subsection (1), or instead of those orders, the Tribunal may declare the rule to be invalid.
S. 212(4) amended by No. 67/2010 s. 16(c)(d), 45/2018 s. 233(4).
(4) If an order is made against a renter, resident or site tenant, the order must specify that if the order is not complied with, the renter, resident or site tenant may be given a notice to vacate the rented premises, room, site or Part 4A site.
S. 212(5) amended by Nos 63/2005 s. 25(2), 67/2010 s. 16(d), 45/2018 s. 233(4).
(5) If an order for compensation is made in favour of a renter, resident or site tenant, the order may specify that the compensation be in the form of a refund or reduction of the rent or hiring charges payable by the renter, resident or site tenant.
S. 212(6) inserted by No. 45/2018 s. 309.
(6) The Tribunal may order the Director not to list the making of an order under this section for compensation or compliance against a residential rental provider on the Rental Non-compliance Register if it is satisfied that, in all the circumstances, it would be unfair to list the making of the order on the Register.