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RESIDENTIAL TENANCIES ACT 1997 - SECT 506

Service of documents

    (1)     Subject to this section, a notice or other document to be served on or given to a person under this Act must be served or given—

        (a)     by delivering it personally to the person; or

        (b)     by leaving it at the person's usual or last known place of residence or business with a person apparently over the age of 16 years and apparently residing or employed at that place; or

        (c)     by sending it to the person by post addressed to the person's usual or last known place of residence or business; or

        (d)     if the person is a corporation—

              (i)     by sending it by post to the registered office in Victoria of the corporation; or

              (ii)     by giving it to a person who is an officer of the corporation who is authorised to accept service of notices and who is employed at the registered office of the corporation; or

S. 506(1)(da) inserted by No. 23/2016 s. 24(1).

        (da)     by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000 ; or

        (e)     in the manner ordered by the Tribunal.

    (2)     In the case of a notice or other document to be served on or given to a landlord, in addition to the methods set out in subsection (1), a notice or document may be served or given—

        (a)     by delivering it to the landlord or to the landlord's agent or to the person who usually collects the rent; or

        (b)     by sending it by post addressed—

              (i)     to the landlord at the landlord's address for service of documents; or

              (ii)     to the landlord's agent at the agent's usual place of business; or

        (c)     by giving it to a person employed in the office of the landlord's agent.

S. 506(2A) inserted by No. 67/2010 s. 71(1).

    (2A)     In the case of a notice or other document to be served on or given to a site owner, in addition to the methods set out in subsection (1), a notice or document may be served or given—

        (a)     by delivering it to the site owner or to the site owner's agent or to the person who usually collects the rent; or

        (b)     by sending it by post addressed—

              (i)     to the site owner at the site owner's address for service of documents; or

              (ii)     to the site owner's agent at the agent's usual place of business; or

        (c)     by giving it to a person employed in the office of the site owner's agent.

    (3)     A notice to vacate given under Part 6 must be given—

S. 506(3)(a) amended by No. 67/2010 s. 71(2)(a).

        (a)     by delivering it personally to the tenant, resident or site tenant; or

S. 506(3)(b) amended by No. 67/2010 s. 71(2).

        (b)     by sending the notice by registered post addressed to the tenant, resident or site tenant at the rented premises, room, site or Part 4A site; or

S. 506(3)(ba) inserted by No. 23/2016 s. 24(2).

        (ba)     by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000 ; or

        (c)     in the manner ordered by the Tribunal.

Note to s. 506(3) inserted by No. 45/2002 s. 98, repealed by No. 23/2016 s. 24(3).

    *     *     *     *     *

S. 506(3A) inserted by No. 38/2018 s. 307.

    (3A)     A notice given under Part 12A must be given—

        (a)     by delivering it personally to the SDA resident and the SDA resident's guardian or SDA resident's administrator (if any); or

        (b)     by sending the notice by ordinary post addressed to—

              (i)     the SDA resident at the SDA enrolled dwelling; and

              (ii)     the SDA resident's guardian or SDA resident's administrator (if any); or

        (c)     by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000 ; or

        (d)     in the manner ordered by the Tribunal.

Note to s. 506(3A) inserted by No. 19/2019 s. 214.

Note

See also section 498E for further requirements in respect of notices given under Part 12A.

S. 506(4) inserted by No. 52/2008 s. 264, amended by No. 67/2010 s. 71(3).

    (4)     If, under this Act, a notice or other document is to be served or given to a person who is a tenant or site tenant excluded from rented premises or Part 4A site under a family violence safety notice or a family violence intervention order, the notice or document must be served or given—

        (a)     by delivering it personally to the person; or

        (b)     by leaving it at the address nominated by the person under section 33 or 85 of the Family Violence Protection Act 2008 with a person apparently over the age of 16 years and apparently residing or employed at that place; or

        (c)     by sending it to the person by post or email to the address nominated by the person under section 33 or 85 of the Family Violence Protection Act 2008 ; or

        (d)     by leaving it at the person's last known address (other than a place from which the person is excluded under the Family Violence Protection Act 2008 ) with a person apparently over the age of 16 years and apparently residing or employed at that place; or

        (e)     by sending it to the person by post or email to the person's last known postal or email address (other than to an address from which the person is excluded under the Family Violence Protection Act 2008 ); or

        (f)     in the manner ordered by the Tribunal.

S. 506(5) inserted by No. 53/2010 s. 221(Sch. item 9.8).

    (5)     If, under this Act, a notice or other document is to be served or given to a person who is a tenant excluded from rented premises under a personal safety intervention order, the notice or document must be served or given—

        (a)     by delivering it personally to the person; or

        (b)     by leaving it at the address nominated by the person under section 70 of the Personal Safety Intervention Orders Act 2010 with a person apparently over the age of 16 years and apparently residing or employed at that place; or

        (c)     by sending it to the person by post or email to the address nominated by the person under  section 70 of the Personal Safety Intervention Orders Act 2010 ; or

        (d)     by leaving it at the person's last known address (other than a place from which the person is excluded under the Personal Safety Intervention Orders Act 2010 ) with a person apparently over the age of 16 years and apparently residing or employed at that place; or

        (e)     by sending it to the person by post or email to the person's last known postal or email address (other than to an address from which the person is excluded under the Personal Safety Intervention Orders Act 2010 ); or

        (f)     in the manner ordered by the Tribunal.

S. 506(6) inserted by No. 53/2016 s. 123.

    (6)     If, under this Act, a notice or other document is to be served or given to a person who is a tenant or site tenant excluded from rented premises or Part 4A site under a non-local DVO that is a recognised DVO, the notice or document must be served or given—

        (a)     by delivering it personally to the person; or

        (b)     by leaving it at the person's last known address (other than a place from which the person is excluded under the DVO) with a person apparently over the age of 16 years and apparently residing or employed at that place; or

        (c)     by sending it to the person by post or email to the person's last known postal or email address (other than to an address from which the person is excluded under the DVO); or

        (d)     in the manner ordered by the Tribunal.



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