VIC: Residential Tenancies Act Section 142V Cross-examination in a proceeding for termination or new
- David Woolfall
- Jul 26, 2022
- 1 min read
Cross-examination in a proceeding for termination or new agreement
(1) Unless the Tribunal gives leave, in a proceeding on an application under section 142S(1)—
(a) a person subjected to family violence must not be personally cross-examined by the person who subjected that person to the family violence; and
(b) a protected person under a personal safety intervention order must not be personally cross-examined by the person against whom the personal safety intervention order was made.
(2) For the purposes of subsection (1), a reference to a person subjected to family violence includes a protected person under a family violence safety notice, family violence intervention order or recognised non-local DVO.
(3) The Tribunal may give leave under subsection (1) with or without conditions.
(4) If leave is given under subsection (1), the resident may only cross-examine the person subjected to family violence or the protected person—
(a) as to those matters set out in section 142T(2), in the case of an application under section 142S(1)(b); and
(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 accordance with any conditions to which the leave granted is subject.
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