Victorian Current Acts Victorian Current Acts(1) A person specified in subsection (2) may apply to the Tribunal for—
(a) an order terminating the existing residential rental agreement; or
(b) an order—
(i) terminating the existing residential rental agreement; and
(ii) requiring the residential rental provider of the premises to enter a residential rental agreement with the person 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 residential rental agreement—
(i) who has been or is being subjected to family violence by another party to the existing residential rental agreement; or
(ii) who is a protected person under a personal safety intervention order made against another party to the existing residential rental agreement;
(b) a person—
(i) who is residing in the rented premises as the person's principal place of residence; and
(ii) who is not a party to the existing residential rental agreement; and
(iii) who—
(A) has been or is being subjected to family violence by a party to the existing residential rental agreement; or
(B) is a protected person under a personal safety intervention order made against a party to the existing residential rental 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 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 residential rental provider or any other party to the existing residential rental agreement.
(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 at the rented premises with the child.
(6) For the purposes of a proceeding for an order under subsection (1), each of the following persons is a party to the proceeding—
(a) the applicant or the person on whose behalf the application is made;
(b) the residential rental provider;
(c) any other party to the existing residential rental agreement;
(d) any other person specified in the application.
(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. 91W inserted by No. 45/2018 s. 236 (as amended by Nos 47/2019 s. 82, 32/2020 ss 10, 13, 1/2021 s. 94).