Victorian Numbered Acts Victorian Numbered Acts(1) In section 237 of the Residential Tenancies Amendment Act 2018 , for proposed section 142T(1) of the Residential Tenancies Act 1997 substitute —
"(1) On an application under section 142S(1)(a), if satisfied as to the matters set out in subsection (1B), the Tribunal may make an order terminating the existing fixed term rooming house agreement or agreement under section 94(2).".
(2) In section 237 of the Residential Tenancies Amendment Act 2018 , after proposed section 142T(1) of the Residential Tenancies Act 1997 insert —
"(1A) On an application under section 142S(1)(b), if satisfied as to the matters set out in subsection (2), the Tribunal may make an order—
(a) terminating the existing fixed term rooming house agreement or agreement under section 94(2); and
(b) requiring the rooming house operator to enter into a new fixed term rooming house agreement or agreement under section 94(2) with the person and other persons (if any) referred to in the application.
(1B) For the purposes of subsection (1), the matters are—
(a) the specified person or that person's dependent children would be likely to suffer severe hardship if the fixed term rooming house agreement or agreement under section 94(2) were not terminated; and
(b) the hardship suffered by the specified persons would be greater than any hardship the rooming house operator would suffer if the order were made; and
(c) if a resident of the rooming house is excluded from the rooming house under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order, it is reasonable to do so given the length of the exclusion under the notice or order and the length of the existing fixed term rooming house agreement or agreement under section 94(2); and
(d) it is reasonable to do so given the interests of any other residents (other than any excluded resident) under the existing fixed term rooming house agreement or agreement under section 94(2) and, in particular, whether the other residents support the specified person's application.".
(3) In section 237 of the Residential Tenancies Amendment Act 2018 , in proposed section 142T(2) of the Residential Tenancies Act 1997 , for "(1)" substitute "(1A)".
(4) In section 237 of the Residential Tenancies Amendment Act 2018 , in proposed section 142T(4) of the Residential Tenancies Act 1997 , for "(1)(b)" substitute "(1A)".
(5) In section 237 of the Residential Tenancies Amendment Act 2018 , in proposed section 142T(5) of the Residential Tenancies Act 1997 , for "(1)(a)" substitute "(1)".
(6) In section 237 of the Residential Tenancies Amendment Act 2018 , in proposed section 142T(6) of the Residential Tenancies Act 1997 , for "(1)(b)" substitute "(1A)".
(7) In section 237 of the Residential Tenancies Amendment Act 2018 , in proposed section 142T(7) of the Residential Tenancies Act 1997 , after "(1)" insert "or (1A)".
(8) In section 237 of the Residential Tenancies Amendment Act 2018 , in proposed section 142U(1) of the Residential Tenancies Act 1997 , after "142T(1)" insert "or (1A)".
(9) In section 237 of the Residential Tenancies Amendment Act 2018 —
(a) in proposed section 142V(4)(a) of the Residential Tenancies Act 1997 , after "142T(2)" insert ", in the case of an application under section 142S(1)(b)";
(b) after proposed section 142V(4)(a) of the Residential Tenancies Act 1997 insert —
"(b) as to those matters set out in section 142T(1B), in the case of an application under section 142S(1)(a); and";
(c) in proposed section 142V(4)(b) of the Residential Tenancies Act 1997 , for "(b)" substitute "(c)".