Untitled document

Victorian Civil and Administrative Tribunal

(Amendment No. 11) Rules 2003

S.R. No. 81/2003

TABLE OF PROVISIONS

Rule Page

1.	Object	1
2.	Authorising provisions	1
3.	Commencement	1
4.	Principal Rules	1
5.	New Rule 6.36.1	2
6.36.1	Definition	2

6.        Amendment to Rule 6.38—documents required to be included

with certain applications 2
7.	Re-opening an order 4
8.	Warrant of possession 4
9.	Form of warrant of possession 4

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ENDNOTES 7

i

STATUTORY RULES 2003

S.R. No. 81/2003

Victorian Civil and Administrative Tribunal Act 1998

Victorian Civil and Administrative Tribunal

(Amendment No. 11) Rules 2003

The Rules Committee established by section 150 of the makes the following Rules:

1. Object

The object of these Rules is to make miscellaneous amendments to Part 7 of Order 6 of the Principal Rules concerning applications in the residential tenancies list of the Tribunal.

2. Authorising provisions

These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers.

3. Commencement

These Rules come into operation on 1 July 2003.

4. Principal Rules

In these Rules, the Victorian Civil and the Principal Rules.

Victorian Civil and Administrative Tribunal (Amendment No.
11) Rules 2003

S.R. No. 81/2003 r. 5

5. New Rule 6.36.1

After the heading to Part 7 of Order 6 of the

Principal Rules insert—

'6.36.1 Definition

In this Part—

"Authority" has the same meaning as in

section 3(1) of the Residential
Tenancies Act 1997.'.

6.  Amendment to Rule 6.38—documents required to be included with certain applications

(1) In Rule 6.38(12) of the Principal Rules—

(a) in paragraph (d)(v), for "Housing." substitute "Housing; and";

(b) after paragraph (d)(v), insert—

"(vi) the name and address of any person or body, other than the applicant, who the applicant believes may have an interest in an amount of the bond; and".

(c) after paragraph (d)(vi), insert—

"(e) be accompanied by a copy of any

receipt or replacement receipt issued by the Authority to the applicant in respect of the bond.".

(2) After Rule 6.38(12) of the Principal Rules

insert—

"(12.1) In addition to the requirements of
Rule 6.39(7), an application under
section 416 of the Residential Tenancies

Act 1997 must—

(a) set out the name and address of the landlord; and

Victorian Civil and Administrative Tribunal (Amendment No.
11) Rules 2003

r. 6 S.R. No. 81/2003

(b)	if made by the Director of Housing, set out the name of the tenant; and
(c)	state whether any and what amount of bond was paid on behalf of the tenant by the Director of Housing; and
(d)	set out the name and address of any person or body, other than the applicant, who the applicant believes may have an interest in an amount of the bond; and
(e)	be accompanied by a copy of any receipt or replacement receipt issued by the Authority to the applicant in respect of the bond.

(12.2) In addition to the requirements of
Rule 6.39(8), an application under
section 417 of the Residential Tenancies
Act 1997 made in circumstances referred to
in section 418 of that Act or on the grounds

set out in section 419 of that Act, must—

(a) specify the name of the tenant; and

(b) if section 418 applies, set out details of the amount of rent that has accrued and remains unpaid or if section 419 applies set out details of the compensation

claimed; and

(c)	specify whether any and what amount of bond was paid on behalf of the tenant by the Director of Housing; and
(d)	set out the name and address of any person or body, other than the applicant, who the applicant believes may have an interest in an amount of the bond; and

Victorian Civil and Administrative Tribunal (Amendment No.
11) Rules 2003

S.R. No. 81/2003 r. 7

(e) be accompanied by a copy of any receipt or replacement receipt issued by the Authority to the applicant in respect of the bond.".

7. Re-opening an order

In Rule 6.42(1) of the Principal Rules for "No more than 2 applications" substitute "Despite Rule 4.18, no more than 1 application".

8. Warrant of possession

After Rule 6.40.1(3) of the Principal Rules insert—

"(4) For the purposes of section 355(1)(a) of the Residential Tenancies Act 1997, a warrant of possession is in the prescribed form if it is in Form 10A.".

9. Form of warrant of possession

After Form 10 to the Principal Rules insert—

"FORM 10A

Victorian Civil and Administrative Tribunal Rules 1998

Rule 6.40.1(4)

WARRANT OF POSSESSION

VICTORIAN CIVIL AND ADMINISTRATIVE

TRIBUNAL	Registry ref:
RESIDENTIAL TENANCIES LIST Name of Applicant(s)— Name of Respondent—
TO:	*OFFICER IN CHARGE, POLICE STATION at [place], or
*[Name of authorised person]

Victorian Civil and Administrative Tribunal (Amendment No.
11) Rules 2003

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TAKE NOTICE that on [date] the Victorian Civil and Administrative Tribunal ordered that the *tenant/*resident vacate *rented premises/*a room and rooming house/*a site or caravan at—

[insert details]

AND that a warrant of possession issue.

YOU are authorised, within [insert number of days, not to exceed 30] days of the day on which this warrant was issued—

(a)	to enter the *rented premises/*room and rooming house/*site or caravan, by force if necessary; and
(b)	with such assistance as is necessary, to compel all persons for the time being occupying the *rented premises/*room/*site or caravan to vacate and give

possession of them to the applicant.

NOTES

1. Section 355(3) of the Residential Tenancies Act 1997 provides that a warrant of possession does not authorise the person to whom it is directed to remove any goods

from rented premises or a room in a rooming house or a
site or caravan.

2. Section 355(4) of the Residential Tenancies Act 1997 provides that entry under a warrant of possession must not be made—

(a) between the hours of 6 p.m and 8 a.m; or
(b) on a Sunday or public holiday.

3. Despite note 1, section 360 of the Residential Tenancies Act 1997 provides for the sheriff, after a warrant of possession has been returned to the Principal Registrar, to remove a caravan and any goods of value in it from a caravan park and to store the caravan and goods in a safe place.

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11) Rules 2003

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Date of issue—[date]

[Signed]

Principal Registrar

*delete if inapplicable".

Dated: 25 June 2003

STUART MORRIS, President
JOHN BOWMAN, Vice-President
MICHAEL HIGGINS, Vice-President

MARGARET BAIRD, Member

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Victorian Civil and Administrative Tribunal (Amendment No.
11) Rules 2003

Endnotes	S.	R. No. 81/2003
ENDNOTES

1 Rule 4: S.R. No. 87/1998. Reprint (No. 3) incorporating amendments as at

13 March 2003.