Victorian Civil and Administrative Tribunal (Residential Tenancies and Other Acts Amendment) Rules 2021 (Vic)
Victorian Civil and Administrative Tribunal (Residential Tenancies and Other Acts Amendment) Rules 2021
S.R. No. 114/2021
TABLE OF PROVISIONS
Rule Page
1Object
2Authorising provisions
3Commencement
4Principal Rules
5Applications
6Documents required to be included with certain applications
7Particulars to be provided with certain applications
8Additional particulars for certain applications
9Documents and particulars required for certain applications
10Withdrawal of proceedings
11Principal registrar may exercise certain Tribunal functions
12Form 5—Warrant of possession
13Review and Regulation List
14Human Rights List
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Endnotes
STATUTORY RULES 2021
S.R. No. 114/2021
Victorian Civil and Administrative Tribunal Act 1998
Victorian Civil and Administrative Tribunal (Residential Tenancies and Other Acts Amendment) Rules 2021
The Rules Committee established by section 150 of the Victorian Civil and Administrative Tribunal Act 1998 makes the following Rules:
1Object
The object of these Rules is to amend the Victorian Civil and Administrative Tribunal Rules 2018—
(a)as a consequence of amendments made to the Residential Tenancies Act 1997 by the Residential Tenancies Amendment Act 2018; and
(b)to amend functions of the review and regulation list and human rights list.
2Authorising provisions
These Rules are made under section 157 of the Victorian Civil and Administrative Tribunal Act 1998 and all other enabling powers.
3Commencement
These Rules come into operation on 10 September 2021.
4Principal Rules
In these Rules, the Victorian Civil and Administrative Tribunal Rules 2018[1] are called the Principal Rules.
5Applications
(1)In Rule 8.06(1) of the Principal Rules—
(a)in paragraph (d) omit ", room and rooming house, or caravan, site and caravan park,";
(b)in paragraph (f), for "tenant, resident" substitute "renter, resident, site tenant";
(c)in paragraph (h), for "tenancy agreement or agreement in relation to a residency right" substitute "agreement";
(d)the note at the foot of paragraph (h) is revoked.
(2)At the foot of Rule 8.06(1) of the Principal Rules insert—
"Note
See also rule 8.02.".
6Documents required to be included with certain applications
(1)In Rule 8.07(1A) of the Principal Rules, for "tenant" substitute "renter".
(2)In Rule 8.07(1B) of the Principal Rules—
(a)for "tenant's" substitute "renter's";
(b)for "landlord" substitute "residential rental provider".
(3)For Rule 8.07(2) of the Principal Rules substitute—
"(2)An application under section 75(1)(a) or 132(1)(a) of the Residential Tenancies Act 1997 must be accompanied by a copy of the written notice given to the residential rental provider or rooming house operator under section 74(1)(a) or 131(1)(a) of that Act (as the case requires) with respect to the relevant rented premises, room or rooming house.
(2A)An application under section 75(1)(b), 132(1)(b), 190(4) or 498R(1) of the Residential Tenancies Act 1997 must be accompanied by a copy of the Director's report under section 74, 131, 190 or 498Q of that Act (as the case requires) with respect to the relevant rented premises, room, rooming house, caravan or SDA enrolled dwelling.
(2B)An application under section 191(1), 191A(1) or 206ZZAD(1) of the Residential Tenancies Act 1997 must be accompanied by a copy of the written notice given to the caravan owner, caravan park owner or site owner (as the case requires) that non-urgent repairs are required to the relevant caravan or site.
(2C)An application under section 77(1), 134(1), 193(1), 193(1A) or 206ZZAF(1) of the Residential Tenancies Act 1997 must be accompanied by a copy of the notice given to the residential rental provider, rooming house operator, caravan park owner, caravan owner or site owner (as the case requires) requiring repairs to be carried out to the relevant rented premises, room, rooming house, caravan or site.
(2D)An application under section 78(3) of the Residential Tenancies Act 1997 must be accompanied by a copy of the repair notice given to the renter under section 78 of that Act.".
(4)In Rule 8.07(5A) of the Principal Rules—
(a)for "tenant, resident or site tenant" substitute "renter, resident, site tenant or SDA resident";
(b)for "site or caravan" substitute "site, caravan or SDA enrolled dwelling".
(5)After Rule 8.07(6) of the Principal Rules insert—
"(6AA)An application under section 209AAB of the Residential Tenancies Act 1997 must be accompanied by a copy of the written notice of the urgent repairs and the cost of the urgent repairs given to the residential rental provider, rooming house operator, caravan owner, caravan park owner or site owner (as the case requires).
(6AAB)An application under section 215A of the Residential Tenancies Act 1997 must be accompanied by a copy of the notice to vacate given to the resident or site tenant under section 206AZA or 207ZE of that Act (as the case requires).".
(6)In Rule 8.07(6A) of the Principal Rules—
(a)for "233A, 317AA or 317M" substitute "91V, 142S, 206AG or 207M";
(b)for "233A(2)(a)(i), 317AA(2)(a)(i) or 317M(2)(a)(i)" substitute "91V(2)(a)(i), 142S(2)(a)(i), 206AG(2)(a)(i) or 207M(2)(a)(i)".
(7)In Rule 8.07(6B) of the Principal Rules—
(a)for "233A, 317AA or 317M" substitute "91V, 142S, 206AG or 207M";
(b)for "233A(2)(a)(ii), 317AA(2)(a)(ii) or 317M(2)(a)(ii)" substitute "91V(2)(a)(ii), 142S(2)(a)(ii), 206AG(2)(a)(ii) or 207M(2)(a)(ii)".
(8)In Rule 8.07(7) of the Principal Rules—
(a)after "324" insert ", 324A";
(b)for "248, 282, 307" substitute "91ZO, 142ZG, 206AW, 207ZA";
(c)for "tenant or resident" substitute "renter, resident, site tenant or SDA resident".
(9)In Rule 8.07(8) of the Principal Rules, for "site or caravan" substitute "site, caravan or SDA enrolled dwelling".
(10)Rule 8.07(9), (10) and (12) of the Principal Rules are revoked.
(11)In Rule 8.07(13) of the Principal Rules, for "section 416" substitute "section 419A".
(12)Rule 8.07(14) of the Principal Rules is revoked.
(13)In Rule 8.07(15B) of the Principal Rules—
(a)after "section" insert "121 or";
(b)omit "(order to vacate)".
(14)After Rule 8.07(15B) of the Principal Rules insert—
"(15BA)An application under section 71 of the Disability Act 2006 must be accompanied by a copy of the notice of increase in the residential charge given to the resident under section 66 of that Act.".
(15)In Rule 8.07(15C) of the Principal Rules—
(a)omit "(notice to vacate and possession order)";
(b)omit "or notice of intention to vacate (as the case requires)".
7Particulars to be provided with certain applications
(1)In Rule 8.08(1)(a) of the Principal Rules—
(a)after "324" insert ", 324A";
(b)for "243, 244, 278, 279, 280, 302, 303, 304" substitute "91ZI, 91ZJ, 91ZK, 142ZB, 142ZC, 142ZD, 142ZE, 206AQ, 206AR, 206AS, 206AT, 207W, 207X, 207Y, 207Z".
(2)In Rule 8.08(1)(b) of the Principal Rules, for "tenancy agreement or residency right" substitute "residential rental agreement, residency right or site agreement".
(3)In Rule 8.08(2) of the Principal Rules—
(a)after "324" insert ", 324A";
(b)for "248, 282, 307" substitute "91ZO, 142ZG, 206AW, 207ZA".
(4)In Rule 8.08(3) of the Principal Rules—
(a)for "323 or 324" substitute "323, 324 or 324A";
(b)for "249, 283 or 308" substitute "91ZP, 142ZH, 206AX or 207ZB".
(5)In Rule 8.08(4) of the Principal Rules—
(a)after "324" insert ", 324A";
(b)for "250, 284, 309" substitute "91ZQ, 142ZI, 206AY, 207ZC";
(c)in paragraph (b), for "site or caravan" substitute "site, caravan or SDA enrolled dwelling".
(6)After Rule 8.08(4B) of the Principal Rules insert—
"(4C)An application under section 35A(1), 97A(1), 148A(1) or 206OA(1) of the Residential Tenancies Act 1997 must specify the date on which the residential rental agreement, agreement in respect of a residency right or site agreement (as the case requires) is alleged to have commenced.
(4D)An application under section 46(1), 103(1), 154(1), 206X(1) or 498ZH(1) of the Residential Tenancies Act 1997 must specify the date on which the renter, resident, site tenant or SDA resident received the Director's report under section 45, 102, 153, 206W or 498ZG of that Act (as the case requires).
(4E)An application under section 209AAB of the Residential Tenancies Act 1997 must specify the date on which written notice of the urgent repairs and the cost of the urgent repairs was given to the residential rental provider, rooming house operator, caravan owner, caravan park owner or site owner (as the case requires).".
(7)In Rule 8.08(5) of the Principal Rules—
(a)for "section 252" substitute "section 91ZU";
(b)in paragraph (a), for "tenant" substitute "renter".
(8)In Rule 8.08(6) of the Principal Rules—
(a)for "section 262" substitute "section 91ZZE";
(b)in paragraphs (a) and (b), for "tenant" substitute "renter".
(9)For Rule 8.08(7) and (8) of the Principal Rules substitute—
"(7)An application under section 419A of the Residential Tenancies Act 1997 must specify—
(a)the amount of bond sought;
(b)the basis on which the amount is sought;
(c)the date on which the residential rental agreement terminated;
(d)whether any, and what amount of, bond was paid on behalf of the renter by the Director of Housing or an agent of the Director of Housing; and
(e)the name and address (including any electronic address if known) of the parties to the residential rental agreement and any other person who the applicant believes may have an interest in a claim for the bond.".
(10)In Rule 8.08(9)(a) of the Principal Rules, for "tenancy agreement or the agreement in relation to the residency right" substitute "residential rental agreement, the agreement in relation to the residency right or the SDA residency agreement (as the case requires)".
8Additional particulars for certain applications
Rule 8.09(2), (3), (4) and (5) of the Principal Rules are revoked.
9Documents and particulars required for certain applications
(1)In the heading to Rule 8.10 of the Principal Rules, for "Documents and particulars" substitute "Particulars".
(2)In Rule 8.10(1) of the Principal Rules—
(a)paragraph (b) is revoked;
(b)in paragraph (c), for "tenancy" substitute "residential rental";
(c)after paragraph (d) insert—
"(da)in the case of section 452(1)(b)—the breach of the residential rental agreement or provisions of the Act alleged and the loss or damage caused by the breach; and";
(d)in paragraph (e), for "452(2)(b) or (3)(b)" substitute "452(2)(b), (3)(b) or (3A)(b)".
(3)Rule 8.10(3), (4) and (5) of the Principal Rules are revoked.
10Withdrawal of proceedings
In Rule 8.14(b) of the Principal Rules, for ", room and rooming house, or caravan, site and caravan park" substitute "that is".
11Principal registrar may exercise certain Tribunal functions
In Rule 10.01(g) of the Principal Rules, for "landlord, rooming house owner" substitute "residential rental provider, rooming house operator".
12Form 5—Warrant of possession
In Form 5 of Schedule 2 to the Principal Rules—
(a)for "*tenant/*resident/*site tenant vacate *rented premises/*a room and rooming house" substitute "*renter/*resident/*site tenant vacate *rented premises/*a room and rooming house/*a building";
(b)in paragraph (a), after "rooming house/" insert "*building/";
(c)for paragraph (b) substitute—
"(b)with such assistance as is necessary—
(i)to compel all persons for the time being occupying the *rented premises/*room (other than a shared room)/*building/*site or caravan to vacate and give possession of them to the applicant; or
(ii)to compel any person named in the possession order to vacate a shared room.".
13Review and Regulation List
(1)In clause 3(1) of Schedule 1 to the Principal Rules, in item 3.19, for "(sections" substitute "sections".
(2)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.51 insert—
"3.51ANon-Emergency Patient Transport Act 2003 (to be renamed on or before 30 September 2021 as the Non-Emergency Patient Transport and First Aid Services Act 2003);".
(3)In clause 3(1) of Schedule 1 to the Principal Rules, in item 3.98, for "2013." substitute "2013;".
(4)In clause 3(1) of Schedule 1 to the Principal Rules, after item 3.98 insert—
"3.99Zero and Low Emission Vehicle Distance-based Charge Act 2021.".
14Human Rights List
In clause 8(1) of Schedule 1 to the Principal Rules, after item 8.1 insert—
"8.1AChange or Suppression (Conversion) Practices Prohibition Act 2021;".
Dated: 7 September 2021
MICHELLE QUIGLEY, President
SAMANTHA MARKS, Vice President
MARGARET BAIRD, Senior Member
CRAIG LYNCH, Attorney-General's Nominee
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Endnotes
[1] Rule 4: S.R. No. 77/2018 as amended by S.R. Nos 187/2018, 18/2019, 58/2019, 145/2019, 28/2020, 125/2020 and 54/2021.
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