Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 (Vic)

Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

No. 6 of 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Residential Tenancies Act 1997

3Definitions

4Additional terms in fixed term residential rental agreements

5New section 30AC inserted

6New section 30BA inserted

7Rented premises must be offered for rent at a fixed amount

8Limit on rent in advance

9Rent in advance under weekly residential rental agreement

10Where and how is rent to be paid?

11Rent increases

12Renter may complain to Director about excessive rent

13What can the Tribunal order?

14New section 51A inserted

15Occupation of rented premises that do not comply with rental minimum standards

16New section 65B inserted

17New section 68AA inserted

18Reduced period of notice of intention to vacate in certain circumstances

19Repairs

20Demolition

21Premises to be used for business

22Premises to be occupied by residential rental provider or provider's family

23Premises to be sold

24Premises required for public purposes

25Sections 91ZZD and 91ZZDA repealed

26Renter no longer meets NRAS eligibility criteria

27Renter no longer meets Victorian Affordable Housing Programs eligibility criteria

28Notice to have no effect in certain circumstances

29How much notice of rent increase is required?

30Resident may complain to Director about excessive rent

31What can the Tribunal order?

32Sale of rooming house

33Repairs or demolition

34Notice by rooming house mortgagee

35How much notice is required of rent or hiring charge increase?

36Resident may complain to Director about excessive rent or hiring charge

37What can the Tribunal order?

38Sale of caravan

39Notice under agreement with specified period of occupancy

40How much notice is required of non-fixed rent increase?

41Site tenant may complain to Director about excessive rent

42What can the Tribunal order?

43Section 209AA amended

44Keeping personal information listed

45Notice of increase in rent

46New sections 505BA to 505BE inserted

47Heading to section 505C amended

48Regulations

49New section 534 inserted

50Schedule 1 amended

51Schedule 1A amended

Part 3—Amendment of Estate Agents Act 1980

Division 1—Amendments in relation to registration and continuing professional development requirements

52Definitions

53Auctioneers of real estate

54Section 16 repealed

55Offence to aid unqualified person to be an agent's representative

56Delay of effect of certain convictions

57Failure to comply with section 23

58Section 24D repealed

59Section 28 amended

60Determination of Tribunal on inquiry

61Section 29A repealed

62Management of estate agency office

63Absence of estate agent or branch manager

64Effect of disqualification

65Section 31A amended

66Section 31B amended

67Section 31C amended

68The Register

69Registered address

70New Part IIIA inserted

71New sections 37K and 37L inserted

72Regulations

Division 2—Other amendments in relation to registration and continuing professional development

73Regulations

74New Division 5 of Part IX inserted

Division 3—Amendments in relation to penalties

75Seller must be given estimated selling price

76Estimated selling price must be reasonable

77Revision of estimated selling price

78Statements of information

79False representation to seller or prospective seller

80False representation to prospective purchaser

81Director may require substantiation

82Profit to be forfeited in case of unlicensed trading etc.

Division 4—Consequential amendments to other Acts

83Australian Consumer Law and Fair Trading Act 2012

84Business Licensing Authority Act 1998

Part 4—Amendment of Owners Corporations Act 2006

Division 1—Amendments in relation to registration and continuing professional development requirements

85Definitions

86What orders can VCAT make?

87Heading to Part 12 amended

88Heading to Division 1 of Part 12 amended

89Section 178 substituted

90New sections 178A and 178B inserted

91Eligibility for registration

92Application for registration

93New sections 182AA and 182AAB inserted

94Section 182A amended

95Annual registration fee and statement

96Failure to lodge annual statement

97Automatic cancellation of registration

98Section 186A amended

99Death, disability etc. of registered manager

100If details given in application or annual statement change

101New sections 188A to 188C inserted

102Cancellation of registration if false information is given

103Heading to Division 2 of Part 12 amended

104Section 192 amended

105Section 193 amended

106Section 194 amended

107Section 195 amended

108Section 196 amended

109New sections 198A and 198B inserted

110Regulation-making powers

Division 2—Other amendments in relation to registration and continuing professional development requirements

111Regulation-making powers

112New Part 15 inserted

Part 5—Amendment of Conveyancers Act 2006

113Section 46 substituted

114New section 46A inserted

115Regulations

116New section 192 inserted

Part 6—Amendment of Sale of Land Act 1962

117Offences in relation to the sale of land

Part 7—Amendments in relation to the planning scheme amendment process

118Definitions

119Structure of planning schemes

120Minister is planning authority

121Municipal council as planning authority for its municipal district

122Municipal council as planning authority for area adjoining municipal district

123Sections 8C and 8D repealed

124Authorised Ministers and authorities are planning authorities

125New Division 1AA inserted in Part 3

126Heading to section 20A amended

127New section 23A inserted

128Abandonment of amendment

129New sections 28A to 28D inserted

130When does an amendment lapse?

131Application for permit when amendment requested

132Application of provisions

133Recommendation by planning authority

134Consequential amendment to the Suburban Rail Loop Act 2021

Part 8—Amendments in relation to the permit application process and the Metropolitan Planning Levy

Division 1—Permit application process

135Applications for permits

136New sections 48A to 48D inserted

137Notice of application

138New section 52A inserted

139Notice of amended application

140When does a permit expire?

141Application for permit when amendment requested

142Notice of amendment, application and permit

143Panel

Division 2—Metropolitan Planning Levy

144Definitions

145Applications for permits

146Application for permit when amendment requested

147What is a leviable planning permit application?

148New sections 96UA and 96UB inserted

149 Section 96Z amended

Part 9—Amendments in relation to planning panels

150Decisions about submissions

151Section 24 amended

152Planning authority to consider panel's report

153Powers of advisory committee

154Appointment of directions panel

155New section 158AB inserted

156Directions by directions panel

157Heading to Division 2 of Part 8 amended

158New sections 158C to 158G inserted

159Section 159 amended

160New section 159A inserted

161Section 161 amended

162New section 162A inserted

Part 10—Amendments in relation to certain proceedings before VCAT

Division 1—Planning and Environment Act 1987

163New section 83AA inserted

164New Division 3A of Part 4 inserted

Division 2—Victorian Civil and Administrative Tribunal Act 1998

165Note and new clauses 56A and 56B inserted in Schedule 1

166Amendment of application

167Extension of time

168Schedule 2 amended

169New section 176 inserted

Part 11—Amendments in relation to compensation

170New section 99A inserted

171New sections 104B and 104C inserted

172Land Acquisition and Compensation Act 1986 to apply

Part 12—Transitional provisions for the Planning and Environment Act 1987

173New section 231 inserted

Part 13—Amendment of Victorian Civil and Administrative Tribunal Act 1998—RDRV

Division 1—Amendment of Victorian Civil and Administrative Tribunal Act 1998

174Definitions

175New section 32AB inserted

176Disclosure of information or data by Tribunal

177Constitution of Tribunal in proceedings

178New Division 5A of Part 4 inserted

179Special referees

180Method of conducting hearings

181Evidence

182Presumption of order for costs if settlement offer is rejected

183Provisions regarding settlement offers

184Provisions concerning the acceptance of settlement offers

185Consequences if accepted offer is not complied with

186Reasons for final orders

187Immunity of participants

188Rules may provide for certain functions of the Tribunal to be performed by principal registrar

189Schedule 2 amended

Division 2—Consequential amendment of Residential Tenancies Act 1997

190Purposes

191Objectives of this Act

Part 14—Repeal of this Act

192Repeal of this Act

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Endnotes

1      General information

Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

No. 6 of 2025

[Assented to 18 March 2025]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to amend the Residential Tenancies Act 1997—

(i)to repeal provisions that provide for residential rental providers to give notices to vacate to renters at the end of fixed term residential rental agreements; and

(ii)to prohibit residential rental providers and agents from accepting unsolicited offers of rent from prospective renters; and

(iii)to further provide for the matters to be taken into account in reviews of excessive rent; and

(iv)to extend notice periods in notices of proposed rent increases and certain notices to vacate to 90 days; and

(v)to prohibit the use of an application form to enter into a residential rental agreement that is not in the prescribed form; and

(vi)to further provide for the disclosure, use and transfer of renter's information; and

(vii)to prohibit certain persons from charging fees for prescribed matters in relation to applications to enter residential rental agreements and the payment of rent; and

(viii)to prohibit residential rental providers and provider's agents from advertising or offering premises to let unless the rental providers and agents reasonably believe the premises comply with the rental minimum standards; and

(ix)to require residential rental providers to ensure any smoke alarms installed on rented premises are correctly installed and in working condition; and

(x)to make miscellaneous and other consequential amendments; and

(b)to amend the Estate Agents Act 1980—

(i)to provide for the requirement for registration of agents' representatives; and

(ii)to provide for continuing professional development requirements for estate agents and registered agents' representatives; and

(iii)to increase the penalties for certain offences in relation to conduct by estate agents and agents' representatives in the sale of residential property; and

(c)to amend the Owners Corporations Act 2006—

(i)to provide for the requirements for the appointment and registration of natural persons as officers in effective control of corporations that are managers of owners corporations; and

(ii)to provide for initial education requirements for natural persons who are managers of owners corporations and registered officers in effective control; and

(iii)to provide for continuing professional development requirements for natural persons who are managers of owners corporations and registered officers in effective control; and

(d)to amend the Conveyancers Act 2006 to provide for continuing professional development requirements for licensed conveyancers; and

(e)to amend the Sale of Land Act 1962 to increase the penalties for certain offences in relation to the sale of land; and

(f)to amend the Planning and Environment Act 1987 in relation to—

(i)the planning scheme amendment process; and

(ii)the permit application process and the Metropolitan Planning Levy; and

(iii)planning panels; and

(iv)proceedings before the Victorian Civil and Administrative Tribunal; and

(v)compensation; and

(g)to amend the Victorian Civil and Administrative Tribunal Act 1998 in relation to proceedings under planning enactments; and

(h)to amend the Victorian Civil and Administrative Tribunal Act 1998 in relation to providing for dispute resolution by RDRV for certain applications under the Residential Tenancies Act 1997; and

(i)to make other minor and consequential amendments to other Acts.

2Commencement

(1)Subject to subsections (2), (3) and (4), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act, other than Division 1 of Part 3, Division 1 of Part 4 and sections 113 and 114, does not come into operation before 25 November 2025, it comes into operation on that day.

(3)If a provision of Division 1 of Part 3 and sections 113 and 114 does not come into operation before 25 November 2026, it comes into operation on that day.

(4)If a provision of Division 1 of Part 4 does not come into operation before 30 June 2027, it comes into operation on that day.

PART 2—AMENDMENT OF RESIDENTIAL TENANCIES ACT 1997

3Definitions

(1)In section 3(1) of the Residential Tenancies Act 1997 insert the following definitions—

"law enforcement agency has the same meaning as in section 3 of the Privacy and Data Protection Act 2014;

national privacy principles means the principles stated in Schedule 1 to the Privacy Act 1988 of the Commonwealth;

renter's information means information, including personal information, disclosed by a renter or prospective renter for the purposes of—

(a)entering a residential rental agreement; and

(b)the administration of a residential rental agreement by the residential rental provider or the provider's agent;".

(2)In section 3(1) of the Residential Tenancies Act 1997, for the definition of standard form tenancy agreement substitute—

"standard form residential rental agreement means—

(a)in relation to a residential rental agreement for a fixed term not exceeding 5 years, the standard form prescribed for the purposes of section 26(1);

(b)in relation to a residential rental agreement for a fixed term of more than 5 years, the standard form prescribed for the purposes of section 26(1A)(b)(ii);".

4Additional terms in fixed term residential rental agreements

In section 27A(2)(b) of the Residential Tenancies Act 1997, for "tenancy" substitute "residential rental".

5New section 30AC inserted

Before section 30B of the Residential Tenancies Act 1997 insert—

"30AC   Application to enter residential rental agreement to be in prescribed form

A residential rental provider or the provider's agent must not prepare or authorise the preparation of an application form used to apply to enter into a residential rental agreement in a form that is not in the prescribed form.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

6New section 30BA inserted

After section 30B of the Residential Tenancies Act 1997 insert—

"30BA   Residential rental provider may request prescribed information from applicants

Subject to section 30C, a residential rental provider or the provider's agent may request a person who applies to enter into a residential rental agreement to disclose the following—

(a)prescribed identity information;

(b)prescribed financial information;

(c)prescribed information relating to the applicant's employment;

(d)any other prescribed matter.".

7Rented premises must be offered for rent at a fixed amount

After section 30F(3) of the Residential Tenancies Act 1997 insert—

"(4)A residential rental provider or the provider's agent must not accept an unsolicited or otherwise uninvited offer of an amount of rent that is higher than the advertised amount of rent for the rented premises.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

8Limit on rent in advance

(1)In section 40(1) of the Residential Tenancies Act 1997, for "require" substitute "solicit or otherwise invite".

(2)After section 40(2) of the Residential Tenancies Act 1997 insert—

"(3)A residential rental provider or the provider's agent must not accept an unsolicited or otherwise uninvited offer of payment of rent under a residential rental agreement more than one month in advance.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

9Rent in advance under weekly residential rental agreement

In section 41 of the Residential Tenancies Act 1997, for "require" substitute "solicit or otherwise invite".

10Where and how is rent to be paid?

For the penalty at the foot of section 42(4) of the Residential Tenancies Act 1997 substitute—

"Penalty:80 penalty units in the case of a natural person;

400 penalty units in the case of a body corporate.".

11Rent increases

In section 44(1) of the Residential Tenancies Act 1997, for "60" substitute "90".

12Renter may complain to Director about excessive rent 

For section 45(4)(b) of the Residential Tenancies Act 1997 substitute—

"(b)take into account—

(i)the matters referred to in section 47(3); and

(ii)any prescribed matters.".

13What can the Tribunal order?

In section 47(3) of the Residential Tenancies Act 1997—

(a)in paragraph (i), for "premises." substitute "premises;";

(b)after paragraph (i) insert—

"(j)any prescribed matters.".

14New section 51A inserted

After section 51 of the Residential Tenancies Act 1997 insert—

"51A   Certain application and rent payment fees prohibited

(1)A person carrying on a business, other than a person specified in subsection (2), must not demand or receive a fee for any prescribed matter in relation to an application to enter into a residential rental agreement or the payment of rent.

Penalty:80 penalty units in the case of a natural person;

400 penalty units in the case of a body corporate.

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

(a)a residential rental provider;

(b)a residential rental provider's agent;

(c)an authorised deposit taking institution or institutions within the meaning of the Banking Act 1959 of the Commonwealth in the State.".

15Occupation of rented premises that do not comply with rental minimum standards

In section 65A(1) of the Residential Tenancies Act 1997, after "65," insert "65B,".

16New section 65B inserted

After section 65A of the Residential Tenancies Act 1997 insert—

"65B   Advertising of premises for rent that do not comply with rental minimum standards

A residential rental provider or the provider's agent must not advertise or otherwise offer premises to let unless at the time the premises are advertised or otherwise offered to let, the residential rental provider or the provider's agent reasonably believes the premises comply with the rental minimum standards.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.".

17New section 68AA inserted

After section 68 of the Residential Tenancies Act 1997 insert—

"68AA   Residential rental provider's duty in relation to smoke alarms

(1)This section applies—

(a)irrespective of whether a residential rental agreement for rented premises was entered into before, on or after 29 March 2021; and

(b)despite section 14 of the Interpretation of Legislation Act 1984.

(2)A residential rental provider must ensure that any smoke alarm installed in rented premises is—

(a)correctly installed and in working condition; and

(b)fitted with batteries or replacement batteries; and

(c)tested at least once every 12 months in accordance with any instructions by the manufacturer of the smoke alarm.

(3)If a smoke alarm installed in rented premises does not meet the requirements of subsection (2), the renter may issue a request to the residential rental provider for urgent repairs to the smoke alarm in accordance with section 72AA.

(4)On receiving notice under subsection (3), the residential rental provider or the provider's agent must immediately arrange for the repairs to be carried out.

(5)Any testing, repair or replacement of a smoke alarm that is powered by a mains electricity supply for the purposes of this section must be undertaken by a suitably qualified person.".

18Reduced period of notice of intention to vacate in certain circumstances

In section 91ZB(1)(a) of the Residential Tenancies Act 1997 omit "91ZZD, 91ZZDA,".

19Repairs

In section 91ZX(2) of the Residential Tenancies Act 1997, for "60" substitute "90".

20Demolition

In section 91ZY(2) of the Residential Tenancies Act 1997, for "60" substitute "90".

21Premises to be used for business

In section 91ZZ(2) of the Residential Tenancies Act 1997, for "60" substitute "90".

22Premises to be occupied by residential rental provider or provider's family

In section 91ZZA(2) of the Residential Tenancies Act 1997, for "60" substitute "90".

23Premises to be sold

In section 91ZZB(4) of the Residential Tenancies Act 1997, for "60" substitute "90".

24Premises required for public purposes

In section 91ZZC(2) of the Residential Tenancies Act 1997, for "60" substitute "90".

25Sections 91ZZD and 91ZZDA repealed

Sections 91ZZD and 91ZZDA of the Residential Tenancies Act 1997 are repealed.

26Renter no longer meets NRAS eligibility criteria

Section 91ZZEA(7) of the Residential Tenancies Act 1997 is repealed.

27Renter no longer meets Victorian Affordable Housing Programs eligibility criteria

Section 91ZZEB(9) of the Residential Tenancies Act 1997 is repealed.

28Notice to have no effect in certain circumstances

(1)In section 91ZZI(1) of the Residential Tenancies Act 1997, for "91ZZC, 91ZZD, 91ZZDA" substitute "91ZZC".

(2)In section 91ZZI(2) of the Residential Tenancies Act 1997, for "91ZZC, 91ZZD, 91ZZDA" substitute "91ZZC".

(3)In section 91ZZI(4) of the Residential Tenancies Act 1997 omit "91ZZD, 91ZZDA,".

(4)Section 91ZZI(5) of the Residential Tenancies Act 1997 is repealed.

29How much notice of rent increase is required?

In section 101(1) of the Residential Tenancies Act 1997, for "60" substitute "90".

30Resident may complain to Director about excessive rent

For section 102(4)(b) of the Residential Tenancies Act 1997 substitute—

"(b)take into account—

(i)the matters referred to in section 104(3); and

(ii)any prescribed matters.".

31What can the Tribunal order?

In section 104(3) of the Residential Tenancies Act 1997—

(a)in paragraph (f), for "resident." substitute "resident;";

(b)after paragraph (f) insert—

"(g)any prescribed matters.".

32Sale of rooming house

In section 142ZJ(4) of the Residential Tenancies Act 1997, for "60" substitute "90".

33Repairs or demolition

In section 142ZK(2) of the Residential Tenancies Act 1997, for "60" substitute "90".

34Notice by rooming house mortgagee

In section 142ZP(2) of the Residential Tenancies Act 1997, for "60" substitute "90".

35How much notice is required of rent or hiring charge increase?

In section 152(1) of the Residential Tenancies Act 1997, for "60" substitute "90".

36Resident may complain to Director about excessive rent or hiring charge

For section 153(4)(b) of the Residential Tenancies Act 1997 substitute—

"(b)take into account—

(i)the matters referred to in section 155(3); and

(ii)any prescribed matters.".

37What can the Tribunal order?

(1)In section 155(3) of the Residential Tenancies Act 1997—

(a)in paragraph (f), for "resident." substitute "resident;";

(b)after paragraph (f) insert—

"(g)any prescribed matters.".

(2)In section 155(4) of the Residential Tenancies Act 1997—

(a)in paragraph (b), for "caravan." substitute "caravan;";

(b)after paragraph (b) insert—

"(c)any prescribed matters.".

38Sale of caravan

In section 206AZ(7) of the Residential Tenancies Act 1997, for "60" substitute "90".

39Notice under agreement with specified period of occupancy

In section 206AZD(4) of the Residential Tenancies Act 1997, for "60" substitute "90".

40How much notice is required of non-fixed rent increase?

In section 206V(1) of the Residential Tenancies Act 1997, for "60" substitute "90".

41Site tenant may complain to Director about excessive rent

For section 206W(4)(b) of the Residential Tenancies Act 1997 substitute—

"(b)take into account—

(i)the matters referred to in section 206Y(3); and

(ii)any prescribed matters.".

42What can the Tribunal order?

In section 206Y(3) of the Residential Tenancies Act 1997—

(a)in paragraph (h), for "(if any)." substitute "(if any);";

(b)after paragraph (h) insert—

"(i)any prescribed matters.".

43Section 209AA amended

(1)In the heading to section 209AA of the Residential Tenancies Act 1997, for "tenancy" substitute "residential rental".

(2)In section 209AA(1) of the Residential Tenancies Act 1997, for "tenancy" (where twice occurring) substitute "residential rental".

(3)In section 209AA(2) of the Residential Tenancies Act 1997, for "tenancy" (where twice occurring) substitute "residential rental".

44Keeping personal information listed

Section 439K(4) of the Residential Tenancies Act 1997 is repealed.

45Notice of increase in rent

In section 498ZB(1) of the Residential Tenancies Act 1997, for "60" substitute "90".

46New sections 505BA to 505BE inserted

After the heading to Division 1A of Part 13 of the Residential Tenancies Act 1997 insert—

"505BA   Interpretation

For the purposes of this Division, a person or body holds renter's information if the information is contained in a document that is in the possession or under the control of the person or body, whether alone or jointly with other persons or bodies irrespective of where the document is situated, whether in or outside Victoria.

505BBProtection of renter's information from misuse, interference or loss

A residential rental provider or the provider's agent must take reasonable steps to protect renter's information that the residential rental provider or the provider's agent holds from—

(a)misuse or loss; and

(b)unauthorised access, modification or disclosure.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

505BCDestruction and de-identification of renter's information

(1)Subject to subsection (2), a residential rental provider or the provider's agent who holds renter's information must destroy or permanently de-identify the renter's information—

(a)within 3 years after the residential rental agreement to which the renter is a party terminates; or

(b)in the case of an applicant for a residential rental agreement whose application is unsuccessful—

(i)within 30 days after the residential rental agreement in relation to the rented premises for which the applicant applied is entered into; or

(ii)within 6 months after the residential rental agreement in relation to the rented premises for which the applicant applied is entered into, if written consent from the applicant to use the information to apply for other premises has been obtained.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

(2)A residential rental provider or the provider's agent who holds renter's information is not required to destroy or permanently de-identify the renter's information if—

(a)the renter's information is required to be disclosed for a purpose referred to in section 505BD(1)(b), (c), (d), (e), (f) or (g); or

(b)the residential rental provider or the provider's agent has obtained written consent from the renter or the prospective renter to disclose the renter's information for a particular purpose and the information is held for that purpose; or

(c)an Act, law or order of a court or Tribunal otherwise requires the residential rental provider or the provider's agent to hold the renter's information.

(3)Subsection (1) does not limit the operation of—

(a)the Public Records Act 1973; or

(b)section 254 of the Crimes Act 1958.

505BDDisclosure of renter's information

(1)A residential rental provider or the provider's agent who holds renter's information must not disclose the renter's information unless—

(a)the residential rental provider or the provider's agent has obtained written consent from the renter or the prospective renter for the disclosure; or

(b)the disclosure is in accordance with an order of a court or tribunal; or

(c)the disclosure is otherwise authorised by or under this Act or any other Act, including a Commonwealth Act; or

(d)the residential rental provider or the provider's agent reasonably believes that the disclosure is necessary to lessen or prevent a serious threat to—

(i)a person's life, health, safety or welfare; or

(ii)public health, public safety or public welfare; or

(e)the residential rental provider or the provider's agent reasonably believes that the disclosure is necessary for one or more of the following by or on behalf of a law enforcement agency—

(i)the prevention, detection, investigation, prosecution or punishment of criminal offences or breach of a law imposing a penalty or sanction;

(ii)the preparation for, or conduct of, a proceeding before a court or the Tribunal;

(iii)the enforcement of an order of a court or the Tribunal; or

(f)the Australian Security Intelligence Organisation or the Australian Secret Intelligence Service has requested the disclosure of renter's information in connection with the body's functions; or

(g)the disclosure is necessary for the conduct of a proceeding before a court or the Tribunal; or

(h)the disclosure is in a prescribed circumstance.

Penalty:60 penalty units in the case of a natural person;

300 penalty units in the case of a body corporate.

(2)This section does not limit the operation of section 30B.

505BERelationship of sections 505BB, 505BC and 505BD with other privacy laws

(1)A residential rental provider or the provider's agent is not required to comply with section 505BB, 505BC or 505BD to the extent that the residential rental provider or the provider's agent has complied with, or has been exempted from compliance with, a corresponding obligation under any of the following—

(a)the Privacy Act 1988 of the Commonwealth;

(b)the Privacy and Data Protection Act 2014;

(c)the Public Records Act 1973;

(d)the Health Records Act 2001;

(e)section 254 of the Crimes Act 1958.

(2)Sections 505BB, 505BC and 505BD do not limit the operation of—

(a)Part 10A; or

(b)the Privacy and Data Protection Act 2014; or

(c)the Health Records Act 2001; or

(d)the national privacy principles.".

47Heading to section 505C amended

In the heading to section 505C of the Residential Tenancies Act 1997, for "information" substitute "information—specialist disability accommodation".

48Regulations

After section 511(1)(d) of the Residential Tenancies Act 1997 insert—

"(da)prescribing a form of application used to apply to enter into a residential rental agreement;".

49New section 534 inserted

After section 533 of the Residential Tenancies Act 1997 insert—

"534   Transitional provision—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

Despite the repeal of sections 91ZZD and 91ZZDA by Part 2 of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, a notice to vacate issued under either of those sections as in force immediately before the repeal of those sections continues in force, on and from the commencement of that Part, until the termination date specified in the notice as if those sections had not been repealed.".

50Schedule 1 amended

After clause 16(3) of Schedule 1 to the Residential Tenancies Act 1997 insert—

"(4)This clause does not apply to a safety-related activity in relation to a smoke alarm in a term prescribed for the purposes of section 27C(2) under a residential rental agreement, irrespective of whether the residential rental agreement was entered into or commenced before, on or after 29 March 2021.".

51Schedule 1A amended

In Part 1 of Schedule 1A to the Residential Tenancies Act 1997—

(a)after Item 7 insert—

"7A Section 30AC";

(b)after Item 10 insert—

"10A Section 30F(4)";

(c)after Item 16 insert—

"16A Section 40(3)";

(d)after Item 27 insert—

"27A Section 51A(1)";

(e)after Item 30 insert—

"30A Section 65B";

(f)after Item 115 insert—

"116	Section 505BA
117	Section 505BB
118	Section 505BC".

PART 3—AMENDMENT OF ESTATE AGENTS ACT 1980

Division 1—Amendments in relation to registration and continuing professional development requirements

52Definitions

In section 4(1) of the Estate Agents Act 1980 insert the following definition—

"registered agent's representative means a natural person who is registered to be employed as an agent's representative under section 37(1);".

53Auctioneers of real estate

In section 13B(1) of the Estate Agents Act 1980, for "employed as an" substitute "a registered".

54Section 16 repealed

Section 16 of the Estate Agents Act 1980 is repealed.

55Offence to aid unqualified person to be an agent's representative

In section 16B of the Estate Agents Act 1980, for "eligible to be an" substitute "a registered".

56Delay of effect of certain convictions

In section 22A(1) of the Estate Agents Act 1980—

(a)for "people" substitute "persons";

(b)for "him or her," substitute "the person";

(c)in paragraph (a), for "employed as an" substitute "a registered".

57Failure to comply with section 23

In section 24A(1) and (3) of the Estate Agents Act 1980 omit "payment or".

58Section 24D repealed

Section 24D of the Estate Agents Act 1980 is repealed.

59Section 28 amended

(1)Insert the following heading to section 28 of the Estate Agents Act 1980—

"Inquiries into registered agents' representatives".

(2)In section 28(1) of the Estate Agents Act 1980—

(a)for "an agent's" substitute "a registered agent's";

(b)in paragraphs (a), (b) and (c), for "an" (wherever occurring) substitute "a registered";

(c)in paragraph (c), for "him or her" substitute "that person".

60Determination of Tribunal on inquiry

(1)In section 28A(1) of the Estate Agents Act 1980—

(a)after paragraph (d) insert—

"(da)suspend the registration of a registered agent's representative for a specified period not exceeding one year;

(db)cancel the registration of a registered agent's representative;";

(b)in paragraph (f), for "an" substitute "a registered".

(2)In section 28A(4) of the Estate Agents Act 1980, for "licence," substitute "licence or the registration of a registered agent's representative,".

(3)In section 28A(5) of the Estate Agents Act 1980—

(a)after "estate agent" insert "or registered agent's representative";

(b)after "giving the agent" insert "or registered agent's representative";

(c)in paragraph (a), after "licence" insert "or the registration of the registered agent's representative";

(d)in paragraph (b), after "licence" insert "or the registration of the registered agent's representative".

61Section 29A repealed

Section 29A of the Estate Agents Act 1980 is repealed.

62Management of estate agency office

In section 30(7) of the Estate Agents Act 1980—

(a)for "he or she" substitute "the person";

(b)after "be" insert "registered as".

63Absence of estate agent or branch manager

In section 30A(1)(a) and (b) of the Estate Agents Act 1980, after "agent or" (where secondly occurring) insert "registered".

64Effect of disqualification

In section 31 of the Estate Agents Act 1980—

(a)for "an" substitute "a registered";

(b)for "shall" substitute "must";

(c)for "his" substitute "the person's".

65Section 31A amended

(1)In the heading to section 31A of the Estate Agents Act 1980, for "etc." substitute "or registration".

(2)In section 31A(2) of the Estate Agents Act 1980, after "to be" insert "registered to be".

(3)In section 31A(2C) of the Estate Agents Act 1980, for "his or her" substitute "the applicant's".

(4)In section 31A(5) of the Estate Agents Act 1980, for "act as an agent's representative, despite section 16(1)(f)" substitute "be a registered agent's representative".

66Section 31B amended

(1)Insert the following heading to section 31B of the Estate Agents Act 1980—

"Bankrupt person may be allowed limited right to hold licence or be registered".

(2)In section 31B(2) of the Estate Agents Act 1980, for "employed as an" substitute "a registered".

(3)In section 31B(2C) of the Estate Agents Act 1980, for "his or her" substitute "the applicant's".

(4)In section 31B(5) of the Estate Agents Act 1980, for "act as an agent's representative, despite section 16(1)(d)" substitute "be a registered agent's representative".

67Section 31C amended

(1)Insert the following heading to section 31C of the Estate Agents Act 1980—

"Person with criminal record may be allowed limited right to hold licence or be registered".

(2)In section 31C(1) of the Estate Agents Act 1980, for "him or her" substitute "the person".

(3)In section 31C(2) of the Estate Agents Act 1980, for "employed as an" substitute "a registered".

(4)In section 31C(2C) of the Estate Agents Act 1980, for "his or her" substitute "the applicant's".

(5)In section 31C(5) of the Estate Agents Act 1980, for "act as an agent's representative despite section 16(1)(c)" substitute "be a registered agent's representative".

68The Register

(1)In section 33(2)(b) of the Estate Agents Act 1980, for "licence or to be an agent's representative." substitute "licence.".

(2)In section 33(3) of the Estate Agents Act 1980—

(a)in paragraph (e)—

(i)omit "or agent's representative";

(ii)omit "or status of the agent's representative";

(b)in paragraph (f) omit "or agent's representative".

(3)After section 33(3) of the Estate Agents Act 1980 insert—

"(3A)The register must contain details of the following in relation to each registered agent's representative—

(a)the registration number issued by the Authority;

(b)the person's name and registered address;

(c)the date of registration and any surrender, cancellation or suspension of the registration;

(d)details of any conditions or restrictions imposed on the registration of the registered agent's representative;

(e)the name and address of the estate agent (if any) who employs the registered agent's representative;

(f)any Tribunal or court orders concerning the registered agent's representative of which the Registrar has notice;

(g)any claims allowed by the Fund (or any like fund established under a previous enactment) in relation to a registered agent's representative of which the Registrar has notice.".

(4)In section 33(4)(a) of the Estate Agents Act 1980—

(a)after "licences" insert "or registrations to be employed as an agent's representative";

(b)for "two" substitute "2".

69Registered address

(1)In section 35(1) of the Estate Agents Act 1980, before "agent's" insert "registered".

(2)In section 35(2) of the Estate Agents Act 1980, before "agent's" insert "registered".

(3)In section 35(6) of the Estate Agents Act 1980—

(a)for "he" substitute "the estate agent";

(b)before "agent's" insert "registered".

(4)In section 35(7) of the Estate Agents Act 1980, before "agent's" insert "registered".

70New Part IIIA inserted

After Part III of the Estate Agents Act 1980 insert—

"PART IIIA—REGISTRATION OF AGENTS' REPRESENTATIVES

36Application for registration

(1)A natural person may apply to the Authority to be registered to be employed as an agent's representative.

(2)An application for registration must be—

(a)in the form approved by the Authority; and

(b)accompanied by—

(i)the prescribed fee; and

(ii)a statement by the applicant certifying that the particulars contained in the application are true and correct.

(3)An application for registration must state—

(a)either—

(i)the name, address and contact details of the licensed estate agent who will employ the applicant; or

(ii)if the applicant will not be employed at the time the application is determined by the Authority, an address the applicant nominates to be the applicant's registered address for the purposes of this Act; and

(b)the prescribed information (if any).

(4)The Authority may require an applicant to provide any further information that the Authority thinks fit in the manner required by the Authority.

37Decision about application for registration

(1)The Authority may—

(a)register a natural person to be employed as an agent's representative if, on receiving an application under section 36(1), the Authority is satisfied that—

(i)the application meets the requirements of section 36(2) and (3); and

(ii)the applicant meets the eligibility requirements specified in subsection (2); or

(b)refuse to register the person to be employed as an agent's representative, if—

(i)it is not so satisfied; or

(ii)the applicant does not provide further information required by the Authority under section 36(4) within a reasonable time of the requirement being made.

(2)For the purposes of subsection (1)(a)(ii), the specified eligibility requirements are that the applicant—

(a)is at least 18 years of age; and

(b)has passed any prescribed courses of instruction or examination; and

(c)has not, within the last 10 years in Australia or elsewhere, been convicted or had found proven against the applicant any offence involving fraud, dishonesty, drug trafficking or violence which was punishable by imprisonment for 3 months or more; and

(d)is not an insolvent under administration; and

(e)is not a represented person within the meaning of section 3(1) of the Guardianship and Administration Act 2019; and

(f)is not presently subject to a declaration under section 28A(1)(f) that the applicant is ineligible to act as a registered agent's representative; and

(g)has not, in relation to anything the applicant has done or not done, had a claim allowed against the Fund under Part VII or any corresponding fund established under any corresponding previous enactment; and

(h)is not the subject of an order by any regulatory body in or outside Victoria disqualifying the applicant from being a registered agent's representative (or an equivalent occupation under the jurisdiction of the regulatory body).

(3)Despite subsection (2), a person remains eligible to be a registered agent's representative for 30 days after the person—

(a)has, in relation to anything the person has done or not done, a claim allowed against the Fund under Part VII or any corresponding fund established under any corresponding previous enactment; or

(b)becomes an insolvent under administration; or

(c)is convicted of, or has found proven against the person, any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more.

Note

Section 22A provides that if a registered agent's representative is convicted of, or has found proven against the registered agent's representative, an offence described in subsection (2)(c), the conviction or finding does not take effect (and thus the 30 day period does not begin) until all avenues of appeal in relation to the conviction or finding have been exhausted.

(4)A person who applies within the 30 day period referred to in subsection (3) for permission under section 31A, 31B or 31C to be a registered agent's representative remains eligible to be a registered agent's representative under this section until the application is withdrawn or is refused by the Authority.

(5)At the request of the Authority, the Chief Commissioner of Police may give the Authority a report concerning the criminal record of a person who has applied to be registered to be employed as an agent's representative.

(6)A registration under subsection (1) must be—

(a)in a form determined by the Authority; and

(b)issued and signed by the Registrar; and

(c)endorsed with any conditions and restrictions imposed by the Authority under section 37A.

37AConditions of registration

(1)The Authority may—

(a)impose conditions that must be complied with before registering a natural person to be employed as an agent's representative; and

(b)on registering a natural person to be employed as an agent's representative, impose conditions or restrictions on the registration; and

(c)at any time on the application of any person, or on its own initiative, impose conditions or restrictions on the registration or vary or revoke any of those conditions or restrictions.

(2)Without limiting subsection (1), the Authority may impose a condition on a registration that relates to continuing professional development requirements of the registered agent's representative under this Act.

(3)A registered agent's representative must comply with the conditions or restrictions imposed on the registration.

Penalty:100 penalty units.

37BAutomatic cancellation of registration

(1)The registration of a registered agent's representative is automatically cancelled 30 days after the registered agent's representative—

(a)has, in relation to anything the registered agent's representative has done or not done, a claim allowed against the Fund under Part VII or any corresponding fund established under any corresponding previous enactment; or

(b)becomes an insolvent under administration; or

(c)is convicted of, or has found proven against them, any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more.

(2)The registration of a registered agent's representative, whose registration would otherwise be cancelled under subsection (1), continues in force until the application is withdrawn or is refused by the Authority, if the registered agent's representative applies within the 30 day period referred to in that subsection for permission under section 31A, 31B or 31C to be registered.

37CEffect of suspension of registration

While the registration of a registered agent's representative is suspended, that person is taken not to be a registered agent's representative for the purposes of section 37D(1).

37DOffences in relation to acting and  representing to be registered agent's representative

(1)A person must not act as an agent's representative unless the person is a registered agent's representative.

Penalty:500 penalty units.

(2)A person must not intentionally misrepresent that the person is a registered agent's representative to any other person.

Penalty:500 penalty units.

37EEstate agent must not employ unregistered person as agent's representative

An estate agent must not employ a person to act as an agent's representative if the person is not a registered agent's representative.

Penalty:500 penalty units.

37FAnnual registration fee and statement

(1)A registered agent's representative must pay to the Authority the prescribed annual registration fee on the anniversary of the date the person was last registered under section 37.

(2)The prescribed annual registration fee may be paid at any time in the 6 weeks before it falls due.

(3)The payment of the prescribed annual registration fee must be accompanied by a statement in respect of the year up to the date that the payment is made that is—

(a)in a form approved by the Authority; and

(b)that is signed by the registered agent's representative.

(4)The statement must contain any information, and be accompanied by any documents, required by the Authority.

37GExtension of time

(1)On payment of the prescribed fee (if any), a person may apply to the Authority for an extension of time, or a further extension of time, in which to comply with section 37F.

(2)The Authority may grant the application if it is made before the date in relation to which the extension is sought.

37HFailure to comply with section 37F

(1)If a registered agent's representative fails to comply with section 37F, the Authority must give the registered agent's representative a written notice stating that the registration of the registered agent's representative will be cancelled unless the registered agent's representative—

(a)complies with that section; and

(b)pays to the Authority the prescribed late lodgement fee by the date specified in the notice.

(2)The date specified in the notice must be at least 14 days after the date on which the notice is given to the registered agent's representative.

(3)If the registered agent's representative has not complied with section 37F and paid the late lodgement fee by the date specified in the notice, the registration of the registered agent's representative is automatically cancelled.

37IIf details given in application or annual statement change

If, before a decision is made under section 37 to register or refuse a registration or while the registration of a registered agent's representative is in force, a material change occurs in any of the details provided in the application for the registration or in the last statement lodged under section 37F, the registered agent's representative must give the Authority written details of the change within 14 days after the registered agent's representative becomes aware of the change.

Penalty:25 penalty units.

37JNo application for 2 years after refusal of registration

If the Authority refuses an application for registration to be employed as an agent's representative, the applicant is not entitled to lodge another application for registration until the end of 2 years after the refusal unless the Authority otherwise permits in a particular case.".

71New sections 37K and 37L inserted

After the heading to Part IV of the Estate Agents Act 1980 insert—

"37K   Continuing professional development

(1)An estate agent or a registered agent's representative must comply with prescribed continuing professional development requirements.

(2)An estate agent or a registered agent's representative must keep prescribed records of continuing professional development activities undertaken by the estate agent or registered agent's representative (as the case may be) for the purposes of subsection (1).

(3)An estate agent or a registered agent's representative must produce records required to be kept under subsection (2) to the Authority on the request of the Authority.

37LExemption from continuing professional development requirements

(1)An estate agent or a registered agent's representative may apply to the Authority to be exempted from the requirements of section 37K.

(2)An application under subsection (1) must—

(a)be in writing; and

(b)be in the form approved by the Authority; and

(c)specify—

(i)the continuing professional development requirement for which exemption is sought; and

(ii)the grounds on which the exemption is sought.

(3)On an application under subsection (1), the Authority may exempt the applicant from the requirements of section 37K if the Authority considers that it would be unreasonable for the applicant to be required to comply with those requirements.

(4)An exemption under subsection (3) may apply to some or all of the requirements under section 37K as the Authority considers appropriate.".

72Regulations

After section 99(1)(g)(iii) of the Estate Agents Act 1980 insert—

"(iiia)for registrations, including application fees, annual registration fees, late lodgement fees and fees for applications for extensions of time; and".

Division 2—Other amendments in relation to registration and continuing professional development

73Regulations

After section 99(1)(c) of the Estate Agents Act 1980 insert—

"(ca)prescribing continuing professional development requirements for estate agents and registered agents' representatives;

(cb)prescribing records to be kept by estate agents and registered agents' representatives of continuing professional development activities undertaken for the purposes of this Act;".

74New Division 5 of Part IX inserted

After Division 4 of Part IX of the Estate Agents Act 1980 insert—

"Division 5—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

106Definitions

In this Division—

commencement day means the day on which Division 1 of Part 3 of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 comes into operation.

107Records of agent's representatives' eligibility for employment

On and from the commencement day, despite the repeal of section 16(7), an estate agent is required to keep any document obtained under section 16(4) as in force immediately before its repeal in relation to an agent's representative until the earlier of—

(a)the end of the period that is 2 years after the agent's representative ceases to be employed by the estate agent; or

(b)the end of the period that is 2 years after the repeal of section 16(7).

108Registration of agents' representatives

(1)On and from the commencement day, a natural person who is recorded on the register as an agent's representative immediately before that day is taken to be a registered agent's representative as if the person is registered to be employed as an agent's representative under section 37(1).

(2)Before the commencement day, the Authority may direct a person who will be taken to be a registered agent's representative under subsection (1) to take any administrative action specified by the Authority in the direction that is related to that registration.

(3)If a person who is directed by the Authority to take administrative action under subsection (2) does not take the action specified in the direction within a reasonable time after being directed, the Authority may cancel or suspend the registration of the registered agent's representative.

(4)If, after a person is taken to be a registered agent's representative under subsection (1), the Authority considers that the person is not eligible to be registered to be employed as an agent's representative immediately before the commencement day, the Authority may cancel or suspend the person's registration.

(5)A person who is taken to be a registered agent's representative under subsection (1) is taken to comply with section 37F(1) if the person—

(a)first pays to the Authority the prescribed annual registration fee referred to in that section on or before 25 March 2028; and

(b)pays to the Authority the prescribed annual registration fee referred to in that section on or before each anniversary of the date on which the person first pays the prescribed annual registration fee.

(6)Despite section 37F(2), a prescribed annual registration fee payable under subsection (5) may be paid at any time within 6 months before the date on which it is to be paid under subsection (5).

(7)The payment of a prescribed annual registration fee under subsection (5) is taken to be a payment under section 37F(1) for the purposes of sections 37F(3), 37G, 37H and 37I.

(8)For the purposes of section 33(3A)(c), the date of registration of a person who is taken to be a registered agent's representative under subsection (1) is the commencement day.

109Transitional regulations—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of Part 3 of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, including any repeals and amendments made as a result of the enactment of that Part.

(2)Regulations made under this section may—

(a)have a retrospective effect to a day that is not before the day on which the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 receives the Royal Assent; and

(b)be of limited or general application; and

(c)differ according to time, place or circumstance; and

(d)leave any matter or thing to be decided by a specified person or class of person.

(3)Regulations under this section have effect despite anything to the contrary in any Act (other than Part 3 of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4)This section is repealed on the second anniversary of its commencement.".

Division 3—Amendments in relation to penalties

75Seller must be given estimated selling price

In the penalty at the foot of section 47A(1) of the Estate Agents Act 1980, for "200" substitute "240".

76Estimated selling price must be reasonable

In the penalty at the foot of section 47AB of the Estate Agents Act 1980, for "200" substitute "240".

77Revision of estimated selling price

In the penalty at the foot of section 47AE(1) and (2) of the Estate Agents Act 1980, for "200" substitute "240".

78Statements of information

In the penalty at the foot of section 47AF(4), (5) and (6) of the Estate Agents Act 1980, for "200" substitute "240".

79False representation to seller or prospective seller

In the penalty at the foot of section 47B of the Estate Agents Act 1980, for "200" substitute "240".

80False representation to prospective purchaser

In the penalty at the foot of section 47C(2), (2A), (2B), (2C), (2D), (2E), (2F) and (2G) of the Estate Agents Act 1980, for "200" substitute "240".

81Director may require substantiation

In the penalty at the foot of section 47D(4) of the Estate Agents Act 1980, for "200" substitute "240".

82Profit to be forfeited in case of unlicensed trading etc.

In section 94A(1) of the Estate Agents Act 1980, for "47B or 47C(2) or (2C)" substitute "47AE(1), 47AF, 47B or 47C(2), (2C), (2D), (2E), (2F) or (2G)".

Division 4—Consequential amendments to other Acts

83Australian Consumer Law and Fair Trading Act 2012

(1)In section 3(1) of the Australian Consumer Law and Fair Trading Act 2012, for paragraph (b) of the definition of licence, substitute—

"(b)a person who is a registered agent's representative within the meaning of section 4(1) of the Estate Agents Act 1980; or".

(2)For section 121(3) of the Australian Consumer Law and Fair Trading Act 2012 substitute—

"(3)If a notice is issued under this Division suspending a licensee's registration as a registered agent's representative under the Estate Agents Act 1980, the person's registration is taken to be suspended under that Act for the licence suspension period.".

84Business Licensing Authority Act 1998

In section 20 of the Business Licensing Authority Act 1998, for paragraph (b) of the definition of licence substitute—

"(b)a person who is a registered agent's representative within the meaning of section 4(1) of the Estate Agents Act 1980; or".

PART 4—AMENDMENT OF OWNERS CORPORATIONS ACT 2006

Division 1—Amendments in relation to registration and continuing professional development requirements

85Definitions

In section 3 of the Owners Corporations Act 2006 insert the following definitions—

"acting officer in effective control means a natural person who is appointed by a corporate manager as an acting officer in effective control under section 188C(2);

corporate manager means a corporation that is the manager of an owners corporation;

officer in effective control means a natural person who is appointed by a corporate manager as the officer in effective control under section 178A(1);

registered officer in effective control means a natural person who is registered as the officer in effective control of a corporate manager under section 182;".

86What orders can VCAT make?

In section 165(1)(l) of the Owners Corporations Act 2006, after "managers" insert "and officers in effective control".

87Heading to Part 12 amended

In the heading to Part 12 of the Owners Corporations Act 2006, after "managers" insert "and officers in effective control".

88Heading to Division 1 of Part 12 amended

In the heading to Division 1 of Part 12 of the Owners Corporations Act 2006, after "managers" insert "and officers in effective control".

89Section 178 substituted

For section 178 of the Owners Corporations Act 2006 substitute—

"178   Offence to act as manager or officer in effective control without being registered

A person must not, alone or in partnership, carry out any function as the manager of an owners corporation or the officer in effective control for fee or reward unless the person—

(a)is registered under this Part; or

(b)carries out a function as an officer in effective control after applying to the Business Licensing Authority for registration as an officer in effective control under this Part, and that application has not been withdrawn or refused; or

(c)is an acting officer in effective control.

Penalty:60 penalty units.".

90New sections 178A and 178B inserted

After section 178 of the Owners Corporations Act 2006 insert—

"178A   Appointment of officers in effective control

(1)A corporation that is registered, or on whose behalf an application is made to be registered, as a manager under this Part must appoint a natural person as the officer in effective control of its business as the manager of an owners corporation.

(2)A person who is appointed as an officer in effective control under subsection (1) must apply for registration as an officer in effective control under this Part.

(3)A person who is appointed as an officer in effective control under subsection (1) is not required to hold professional indemnity insurance unless the person is required to hold that insurance as a manager under section 119(5).

178BDuties of officers in effective control

An officer in effective control must—

(a)be regularly and usually in charge at the principal office of the corporate manager to which the officer is appointed; and

(b)give regular and substantial attendance at that office; and

(c)properly control and supervise any business of the corporate manager for which the officer is responsible.".

91Eligibility for registration

(1)In section 179(d)(v) of the Owners Corporations Act 2006, for "(iv)." substitute "(iv); or".

(2)After the note at the foot of section 179(d)(v) of the Owners Corporations Act 2006 insert—

"(e)in the case of a natural person, the person has not completed any prescribed courses or examinations.".

92Application for registration

(1)After section 180(1) of the Owners Corporations Act 2006 insert—

"(1A)A natural person may apply to the Business Licensing Authority for registration as an officer in effective control of a corporate manager.".

(2)For section 180(2)(b)(ii) of the Owners Corporations Act 2006 substitute—

"(ii)if the applicant is a corporation—

(A)the directors of the corporation; and

(B)the officer in effective control or proposed officer in effective control of the corporation (including the officer's or proposed officer's name and address)—".

(3)After section 180(2)(b) of the Owners Corporations Act 2006 insert—

"(ba)in the case of an application under subsection (1A), accompanied by—

(i)the name and registered address of the corporate manager to which the applicant is or will be appointed; and

(ii)evidence that the corporate manager to which the person is appointed or proposed to be appointed is a registered manager or has applied for registration; and

(iii)evidence of the appointment or proposed appointment of the applicant as an officer in effective control of the corporate manager; and".

(4)In section 180(2)(c) of the Owners Corporations Act 2006, before "accompanied" insert "in the case of an application under subsection (1),".

93New sections 182AA and 182AAB inserted

After section 182 of the Owners Corporations Act 2006 insert—

"182AA   Conditions of registration

(1)The Business Licensing Authority may—

(a)impose conditions that must be complied with before it registers an applicant; and

(b)on registering an applicant, impose conditions or restrictions on the registration; and

(c)at any time on the application of any person, or on its own initiative, impose conditions or restrictions on a registration or vary or revoke any of those conditions or restrictions.

(2)Without limiting subsection (1), the Business Licensing Authority may impose a condition on a registration that relates to continuing professional development requirements of the registered manager or registered officer in effective control under this Act.

182AABRegistered managers and registered officers in effective control to comply with conditions etc. of registration

A registered manager or registered officer in effective control must comply with the conditions or restrictions on a registration.

Penalty:100 penalty units.".

94Section 182A amended

(1)In the heading to section 182A of the Owners Corporations Act 2006, after "manager" insert "or officer in effective control".

(2)In section 182A(1) of the Owners Corporations Act 2006, after "manager" insert "or an officer in effective control".

95Annual registration fee and statement

(1)After section 183(1) of the Owners Corporations Act 2006 insert—

"(1A)A registered officer in effective control must pay to the Business Licensing Authority the prescribed annual registration fee on the anniversary of the date that the registered officer in effective control was last registered under this Part.".

(2)In section 183(3) of the Owners Corporations Act 2006—

(a)for paragraph (a) substitute—

"(a)in the case of the payment of a fee under subsection (1)—

(i)by the manager, if the manager is a natural person; or

(ii)by a director of the corporation, if the manager is a corporation; or";

(b)for paragraph (b) substitute—

"(b)in the case of the payment of a fee under subsection (1A), by the registered officer in effective control.".

96Failure to lodge annual statement

(1)In section 185(1) of the Owners Corporations Act 2006—

(a)after "registered manager" insert "or registered officer in effective control";

(b)after "the manager" (where twice occurring) insert "or officer in effective control (as the case may be)";

(c)omit "payment or";

(d)after "manager's registration" insert "or the officer in effective control's registration (as the case may be)".

(2)In section 185(3) of the Owners Corporations Act 2006—

(a)after "manager" insert "or officer in effective control";

(b)omit "payment or";

(c)after "the registration" insert "of the manager or the officer in effective control (as the case may be)".

97Automatic cancellation of registration

(1)In section 186(1) of the Owners Corporations Act 2006, after "manager" insert "or officer in effective control".

(2)In section 186(2) of the Owners Corporations Act 2006, after "manager" insert "or officer in effective control".

(3)In section 186(4) of the Owners Corporations Act 2006, after "manager" insert "or officer in effective control".

98Section 186A amended

(1)In the heading to section 186A of the Owners Corporations Act 2006, after "manager" insert "or officer in effective control".

(2)In section 186A(1) of the Owners Corporations Act 2006, after "manager" insert "or officer in effective control".

99Death, disability etc. of registered manager

In section 187(1) of the Owners Corporations Act 2006, after "registered" (where first occurring) insert "as a manager".

100If details given in application or annual statement change

In section 188 of the Owners Corporations Act 2006, after "manager" insert "or officer in effective control,".

101New sections 188A to 188C inserted

After section 188 of the Owners Corporations Act 2006 insert—

"188A   Corporate manager to give notice of cessation of appointment of officer in effective control

Without limiting section 188, a corporate manager must give the Business Licensing Authority written notice if a natural person ceases to be appointed as the officer in effective control or acting officer in effective control within 14 days after the cessation of appointment.

Penalty:60 penalty units.

188BSuspension of manager's registration—failure to appoint officer in effective control

The Business Licensing Authority may suspend the registration of a corporate manager if the corporate manager has not appointed—

(a)a registered officer in effective control; or

(b)an officer in effective control who has made an application to the Business Licensing Authority for registration as an officer in effective control under this Part that has not been withdrawn or refused; or

(c)an acting officer in effective control.

188CAbsence of registered officer in effective control

(1)If a registered officer in effective control is to be absent from the corporate manager to which the registered officer in effective control is appointed for a period of more than 30 days, the registered officer in effective control or the corporate manager must give written notice to the Business Licensing Authority, before that period of absence, of—

(a)the period of absence; and

(b)the name of the person who is to be appointed as an acting officer in effective control under subsection (2) during that period.

(2)Subject to subsection (3), if a registered officer in effective control is to be absent from the corporate manager to which the registered officer in effective control is appointed for a period of more than 30 days, the corporate manager must appoint a natural person as an acting officer in effective control of its business as the manager of an owners corporation for that period of absence.

(3)A corporate manager must not appoint an acting officer in effective control under subsection (2) for a period of more than 90 days from the beginning of the period in which the registered officer in effective control is absent.

(4)A person appointed as an acting officer in effective control under subsection (2), during that appointment—

(a)is not required to be registered as the officer in effective control under section 182; and

(b)may act as a registered officer in effective control; and

(c)must comply with the requirements of section 188B.

(5)If a registered officer in effective control is absent from the corporate manager to which the registered officer in effective control is appointed for a period of more than 90 days, the appointment of the registered officer in effective control ceases.".

102Cancellation of registration if false information is given

In section 190 of the Owners Corporations Act 2006—

(a)after "manager" (where first occurring) insert "or officer in effective control";

(b)after "manager" (where secondly occurring) insert "or officer in effective control (as the case may be)".

103Heading to Division 2 of Part 12 amended

In the heading to Division 2 of Part 12 of the Owners Corporations Act 2006, after "managers" insert "and officers in effective control".

104Section 192 amended

(1)In the heading to section 192 of the Owners Corporations Act 2006, after "managers" insert "and officers in effective control".

(2)In section 192 of the Owners Corporations Act 2006, after "managers" insert "and officers in effective control".

105Section 193 amended

(1)In the heading to section 193 of the Owners Corporations Act 2006, after "managers" insert "and officers in effective control".

(2)In section 193 of the Owners Corporations Act 2006—

(a)after "managers" (where first occurring) insert "and officers in effective control";

(b)in paragraph (a), after "managers" insert "and registered officers in effective control";

(c)in paragraph (c), after "managers" insert "and registered officers in effective control";

(d)in paragraph (d), after "manager" (where secondly occurring) insert "and the officer in effective control".

106Section 194 amended

(1)In the heading to section 194 of the Owners Corporations Act 2006, after "managers" insert "and officers in effective control".

(2)In section 194 of the Owners Corporations Act 2006—

(a)after "managers" insert "and officers in effective control";

(b)after "manager" insert "or officer in effective control";

(c)after paragraph (c) insert—

"(ca)if the person—

(i)is a registered officer in effective control; and

(ii)is appointed by a corporate manager as the officer in effective control; and

(iii)that appointment has not ceased—

the name and address of that corporate manager;";

(d)in paragraph (i)—

(i)for "manager," substitute "manager or officer in effective control";

(ii)for "manager;" substitute "manager or officer in effective control;";

(e)after paragraph (k) insert—

"(ka)any conditions or restrictions imposed on a registration;".

107Section 195 amended

(1)In the heading to section 195 of the Owners Corporations Act 2006, after "managers" insert "and officers in effective control".

(2)In section 195 of the Owners Corporations Act 2006, after "managers" (where twice occurring) insert "and officers in effective control".

108Section 196 amended

(1)In the heading to section 196 of the Owners Corporations Act 2006, after "managers" insert "and officers in effective control".

(2)In section 196 of the Owners Corporations Act 2006—

(a)for "his or her" substitute "the Licensing Registrar's";

(b)after "managers" insert "and officers in effective control".

109New sections 198A and 198B inserted

After section 198 of the Owners Corporations Act 2006 insert—

"198A   Continuing professional development

(1)A manager who is a natural person or a registered officer in effective control must comply with prescribed continuing professional development requirements.

(2)A manager who is a natural person or a registered officer in effective control must keep prescribed records of continuing professional development activities undertaken by the manager or registered officer in effective control (as the case may be) for the purposes of subsection (1).

(3)A manager who is a natural person or a registered officer in effective control must produce records required to be kept under subsection (2) to the Business Licensing Authority on the request of the Business Licensing Authority.

198BExemption from continuing professional development requirements

(1)A manager who is a natural person or a registered officer in effective control may apply to the Business Licensing Authority to be exempted from the requirements of section 198A.

(2)An application under subsection (1) must—

(a)be in writing; and

(b)be in the form approved by the Authority; and

(c)specify—

(i)the continuing professional development requirement for which exemption is sought; and

(ii)the grounds on which the exemption is sought.

(3)On an application under subsection (1), the Business Licensing Authority may exempt the applicant from the requirements of section 198A if the Business Licensing Authority considers that it would be unreasonable for the applicant to be required to comply with those requirements.

169New section 176 inserted

After section 175 of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"176   Transitional—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

The amendments made to this Act by Part 10 of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025 apply only to a proceeding commenced on or after the commencement of that Part.".

PART 11—AMENDMENTS IN RELATION TO COMPENSATION

170New section 99A inserted

After section 99 of the Planning and Environment Act 1987 insert—

"99A   Requirements for claim for compensation

(1)A claim for compensation under this Part, including a claim under section 101 in respect of expenses, must be—

(a)made in the prescribed form; and

(b)accompanied by any supporting evidence specified in an order made under subsection (2).

(2)The Minister, by order published in the Government Gazette, may specify the supporting evidence required to accompany a claim for compensation under this Part.".

171New sections 104B and 104C inserted

After section 104A of the Planning and Environment Act 1987 insert—

"104B   Interest on compensation

(1)If an amount of compensation under this Part, including an amount under section 101, is awarded by the Tribunal or the Supreme Court, the person liable for the compensation is liable to pay interest, from the relevant date until the date the amount awarded is paid, on the difference between the amount awarded and any amount of compensation offered by that person immediately before the relevant date.

(2)The relevant date is the date on which—

(a)an application was made to the Tribunal to resolve the disputed claim for compensation; or

(b)the disputed claim for compensation was referred to the Supreme Court.

(3)Interest is payable under this section at the rate for the time being fixed under section 104C.

(4)Interest is payable under this section in relation to an amount claimed under section 101 only if the expenses incurred have been paid.

104CDetermination of rate of interest

(1)The Governor in Council may from time to time, by order published in the Government Gazette, determine the rate of interest to be paid in respect of unpaid compensation under this Part.

(2)An order under subsection (1) may be made only on the recommendation of the Minister, after the Minister has consulted—

(a)the Attorney‑General; and

(b)the Treasurer; and

(c)the Minister administering the Major Transport Projects Facilitation Act 2009.

(3)The Minister may only recommend a rate that the Minister considers—

(a)is compensatory in nature; and

(b)is commensurate with a fair market rate that reflects the opportunity cost of money.".

172Land Acquisition and Compensation Act 1986 to apply

In section 105 of the Planning and Environment Act 1987, for "Parts 10 and 11" substitute "Subject to section 99A, Parts 10 and 11".

PART 12—TRANSITIONAL PROVISIONS FOR THE PLANNING AND ENVIRONMENT ACT 1987

173New section 231 inserted

At the end of Part 11 of the Planning and Environment Act 1987 insert—

"231   Transitional provisions—Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025

(1)A request to amend a planning scheme that is made before the commencement of Part 7 of the amending Act is taken, on that commencement, to be a request that was made under section 16A, if—

(a)any fee that is prescribed for the making of the request has been paid; and

(b)before that commencement, the relevant planning authority has not—

(i)agreed to consider an application for a permit under section 96A concurrently with the preparation of a requested amendment; or

(ii)made an application under section 8A(2).

(2)If, before the commencement of Part 7 of the amending Act, a planning authority has agreed under section 96A(2) to consider an application for a permit concurrently with the preparation of an amendment but has not applied to the Minister for authorisation to prepare the amendment, on that commencement the planning authority is taken to have decided, under section 16B, to apply to the Minister for authorisation to prepare the amendment.

(3)An application made under section 8A(2) that has not been authorised or refused before the commencement of Part 7 of the amending Act is taken, on that commencement, to be an application made under section 16F.

(4)An application made under section 8B that has not been authorised or refused before the commencement of Part 7 of the amending Act is taken, on that commencement, to be an application made under section 16I.

(5)If, before the commencement of Part 7 of the amending Act, the Minister has decided under section 8A(4)(b) that an application for the preparation of an amendment requires further review but has not decided whether or not to authorise the application, on that commencement—

(a)the Minister is taken to have decided that the application requires further review under section 16G(1)(b); and

(b)section 16H does not apply in respect of the amendment specified in the application.

(6)If, before the commencement of Part 7 of the amending Act, an application is referred to the Suburban Rail Loop Minister under section 8A(6A)(a) and the Suburban Rail Loop Minister has not decided whether to give consent to the application under section 8A(6A)(b)—

(a)the application is taken to have been referred to the Suburban Rail Loop Minister under section 16G(6)(a); and

(b)section 16J applies to the application.

(7)If, before the commencement of Part 7 of the amending Act, an application is referred to the Suburban Rail Loop Minister under section 8B(5A)(a) and the Suburban Rail Loop Minister has not decided whether to give consent to the application under section 8B(5A)(b)—

(a)the application is taken to have been referred to the Suburban Rail Loop Minister under section 16I(5)(a); and

(b)section 16J applies to the application.

(8)If, before the commencement of Part 7 of the amending Act, the Minister has authorised an amendment under section 8A and the amendment remains on foot as at that commencement, on that commencement the amendment is taken to have been authorised under section 16G.

(9)If, before the commencement of Part 7 of the amending Act, the Minister has authorised the preparation of an amendment under section 8B and the amendment remains on foot as at that commencement, on that commencement the amendment is taken to have been authorised under section 16I.

(10)An amendment for which an application is made under section 8A or 8B, as in force immediately before the commencement of Part 7 of the amending Act, is not a low‑impact amendment and cannot be determined to be a low-impact amendment.

(11)If, before the commencement of Part 7 of the amending Act, the Suburban Rail Loop Minister decided to give consent under section 8C for the purposes of section 8A(6A)(b) or 8B(5A)(b), on that commencement the Suburban Rail Loop Minister is taken to have given the consent under section 16J for the purposes of section 16G(6)(b) or 16I(5)(b).

(12)If, before the commencement of Part 7 of the amending Act, the Minister has authorised the preparation of an amendment under section 9 and the amendment remains on foot as at that commencement, on that commencement the amendment is taken to have been authorised under section 16L.

(13)The amendments made by section 136 of the amending Act do not apply in relation to permit applications made before the commencement of that section.

(14)Despite the amendment to section 52 by section 137 of the amending Act, section 52 as in force immediately before the commencement of section 137 of the amending Act continues to apply to a notice of an application given under section 52 before that commencement.

(15)Despite the amendment to section 57B by section 139 of the amending Act, section 57B as in force immediately before the commencement of section 139 of the amending Act continues to apply to a notice of an amended application given under section 57B before that commencement.

(16)Section 68, as amended by section 140 of the amending Act, applies to a permit if—

(a)the permit was issued before the day on which section 140 of the amending Act came into operation; and

(b)the permit has not expired on or before the day on which section 140 of the amending Act comes into operation.

(17)Despite the amendment to section 96C(1) by section 142 of the amending Act, section 96C as in force immediately before the commencement of section 142 of the amending Act continues to apply to a notice given under section 96C before that commencement.

(18)The amendments made by Part 9 of the amending Act apply in relation to submissions referred to a directions panel or a panel on or after the commencement of those sections of the amending Act.

(19)The amendments made to this Act by Part 10 of the amending Act apply only to proceedings commenced on or after the commencement of that Part.

(20)In this section—

amending Act means the Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025.".

PART 13—AMENDMENT OF VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998—RDRV

Division 1—Amendment of Victorian Civil and Administrative Tribunal Act 1998

174Definitions

(1)In section 3(1) of the Victorian Civil and Administrative Tribunal Act 1998, in the definition of proceeding, after paragraph (d) insert—

"(e)an RDRV proceeding;".

(2)In section 3(1) of the Victorian Civil and Administrative Tribunal Act 1998 insert the following definitions—

"ADR means a process attended, or participated in, by a party in a proceeding for the purposes of negotiating a settlement of the proceeding or resolving or narrowing the issues in dispute, including, but not limited to—

(a)mediation;

(b)early neutral evaluation;

(c)settlement conference;

(d)reference of a question to an expert or other person;

(e)expert determination;

(f)compulsory conference;

(g)conciliation;

RDRV means Rental Dispute Resolution Victoria;

RDRV proceeding means a proceeding in relation to an application to the Tribunal under the Residential Tenancies Act 1997 to be dealt with by ADR under Division 5A of Part 4;".

175New section 32AB inserted

After section 32AA of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"32AB   Functions of principal registrar—RDRV proceedings

(1)Without limiting section 32 or 32AA, the principal registrar has the following functions in relation to ADR at RDRV and RDRV proceedings—

(a)assessing applications under the Residential Tenancies Act 1997 for suitability or eligibility to be dealt with in accordance with Division 5A of Part 4;

(b)conducting RDRV proceedings under Division 5A of Part 4;

(c)any other function referred to in Division 5A of Part 4 or by rules made for the purposes of that Division.

(2)With the prior written approval of the President, the principal registrar may delegate any function referred to in subsection (1) to a member of staff referred to in section 32(1)(c) if satisfied that the member of staff is appropriately qualified to perform the function.

(3)A delegation under this section must be in writing.

(4)In this section appropriately qualified has the same meaning as in section 32A(4).".

176Disclosure of information or data by Tribunal

At the end of section 38AA of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(2)It is a function of the Tribunal to disclose information or data to the Director in accordance with an information sharing arrangement under section 133 of the Australian Consumer Law and Fair Trading Act 2012 entered into by the Tribunal.".

177Constitution of Tribunal in proceedings

After section 64(5) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(6)Subsections (1) and (2) do not apply to any RDRV proceeding.".

178New Division 5A of Part 4 inserted

After Division 5 of Part 4 of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"Division 5A—RDRV and RDRV proceedings

93BApplication of this Division

(1)This Division applies to RDRV proceedings.

(2)This Division is in addition to, and does not limit, the procedures in Division 5.

93CObjects of this Division

The objects of this Division are to provide for effective and prompt mechanisms for resolving disputes by use of ADR by RDRV for RDRV proceedings for applications under the Residential Tenancies Act 1997.

93DRDRV proceedings

(1)If the Tribunal or the principal registrar considers that an application under the Residential Tenancies Act 1997 or any part of it is suitable to be dealt with as an RDRV proceeding, the Tribunal or the principal registrar may refer the application or any part of it to be dealt with as an RDRV proceeding to be resolved by a person nominated by the Tribunal or principal registrar (as the case requires) by ADR.

(2)A referral may be made under subsection (1) with or without the consent of the applicants or parties.

(3)The principal registrar must give notice of the referral to each applicant or party in accordance with the rules.

(4)An applicant or a party must pay the prescribed fee (if any) for an RDRV proceeding, whether or not the applicant or party consented to the referral.

(5)The person conducting the RDRV proceeding may refuse to continue with the proceeding if the fee payable under subsection (4) has not been paid.

(6)Subject to this Act and the rules, the procedure for an RDRV proceeding is at the discretion of the person conducting it.

93EPersonal attendance may be required at RDRV proceedings

The Tribunal or principal registrar who refers an application under the Residential Tenancies Act 1997 or any part of it to be dealt with as an RDRV proceeding may require a party to attend the proceeding, either—

(a)personally; or

(b)by a representative who has authority to settle the proceeding or part of it on behalf of the party.

93FWhat happens if RDRV proceeding is successful?

If the parties agree to settle an RDRV proceeding or any part of it, the person conducting the RDRV proceeding must notify the principal registrar that the parties have agreed to settle, unless the principal registrar is the person conducting the RDRV proceeding.

93GWhat happens if RDRV proceeding is unsuccessful?

If the person conducting the RDRV proceeding has attempted unsuccessfully to settle the proceeding or any part of it, the person must notify the principal registrar that the RDRV proceeding has been unsuccessful, unless the principal registrar is the person conducting the RDRV proceeding.

93HEvidence inadmissible

Evidence of anything said or done in the course of ADR for an RDRV proceeding is not admissible in any subsequent hearing before the Tribunal in the proceeding to which the application under the Residential Tenancies Act 1997 relates, unless all parties agree to the giving of the evidence.

93ISettlement of RDRV proceeding

(1)If the parties agree to settle the RDRV proceeding or any part of it at any time, the Tribunal may make any orders necessary to give effect to the settlement.

(2)The Tribunal's power to make an order under subsection (1) is exercisable by any member.

(3)If the parties agree to settle an RDRV proceeding or any part of an RDRV proceeding at which the principal registrar is presiding, the principal registrar may exercise the Tribunal's power to make any orders under subsection (1).".

179Special referees

(1)In section 95(1)(b) of the Victorian Civil and Administrative Tribunal Act 1998, for "his or her" substitute "the special referee's".

(2)After section 95(2) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(3)This section does not apply to any RDRV proceeding.".

180Method of conducting hearings

After section 100(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(4)Subsections (2) and (3) do not apply to any RDRV proceeding.".

181Evidence

After section 102(4) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(5)This section does not apply to any RDRV proceeding.".

182Presumption of order for costs if settlement offer is rejected

After section 112(3) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(4)This section does not apply to any RDRV proceeding or settlement by ADR at RDRV.".

183Provisions regarding settlement offers

After section 113(4) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(5)This section does not apply to any RDRV proceeding or settlement by ADR at RDRV.".

184Provisions concerning the acceptance of settlement offers

After section 114(7) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(8)This section does not apply to any RDRV proceeding or settlement by ADR at RDRV.".

185Consequences if accepted offer is not complied with

At the end of section 115 of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(2)This section does not apply to any RDRV proceeding or settlement by ADR at RDRV.".

186Reasons for final orders

After section 117(6) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(7)This section does not apply to any RDRV proceeding.".

187Immunity of participants

After section 143(8) of the Victorian Civil and Administrative Tribunal Act 1998 insert—

"(9)Without limiting subsection (8), the principal registrar or a person referred to in section 32(1)(c) to whom a function or power is delegated under section 32AB, in performing a function or power under section 32AB or Division 5A of Part 4, has the same protection and immunity as a member of the Tribunal.".

188Rules may provide for certain functions of the Tribunal to be performed by principal registrar

In section 157A of the Victorian Civil and Administrative Tribunal Act 1998—

(a)in subsection (2), after "to the proceeding" insert "or orders made in an RDRV proceeding";

(b)in subsection (5)(a), after "32A" insert "or 32AB";

(c)in subsection (5)(b), for "that section" substitute "section 32A or 32AB".

189Schedule 2 amended

At the end of Schedule 2 to the Victorian Civil and Administrative Tribunal Act 1998 insert—

"Procedure in relation to RDRV proceedings and generally as to procedure under Division 5A of Part 4, including powers and functions of the principal registrar, registrars or other persons conducting ADR for RDRV proceedings in accordance with that Division.".

Division 2—Consequential amendment of Residential Tenancies Act 1997

190Purposes

In section 1(d) of the Residential Tenancies Act 1997, after "this Act" insert ", including, but not limited to the use of ADR for RDRV proceedings under Division 5A of Part 4 of the Victorian Civil and Administrative Tribunal Act 1998".

191Objectives of this Act

After section 3A(d) of the Residential Tenancies Act 1997 insert—

"(da)without limiting paragraph (d), the effective and prompt resolution of disputes by use of ADR for RDRV proceedings under Division 5A of Part 4 of the Victorian Civil and Administrative Tribunal Act 1998; and".

PART 14—REPEAL OF THIS ACT

192Repeal of this Act

This Act is repealed on 30 June 2028.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 28 November 2024

Legislative Council: 6 February 2025

The long title for the Bill for this Act was "A Bill for an Act to amend the Residential Tenancies Act 1997, the Estate Agents Act 1980, the Owners Corporations Act 2006, the Conveyancers Act 2006, the Sale of Land Act 1962, the Planning and Environment Act 1987 and the Victorian Civil and Administrative Tribunal Act 1998 and for other purposes."