VIC: Residential Tenancies Act Section 207M Application for termination or new site agreement becaus

Application for termination or new site agreement because of family violence or personal violence (1) A person specified in subsection (2) may apply to the Tribunal for— (a) an order terminating the existing site agreement for the Part 4A site; or (b) an order—

(i) terminating the existing site agreement for the Part 4A site; and

(ii) requiring the site owner to enter into a new site agreement with the person and other persons (if any) specified in the application.

(2) For the purposes of subsection (1), the following persons are specified— (a) a party to the existing site agreement who—

(i) has been or is being subjected to family violence by another party to the existing site agreement; or

(ii) is a protected person under a personal safety intervention order made against another party to the existing site agreement;

(b) a person—

(i) who is the owner or co-owner of the Part 4A dwelling at law or in equity or who is residing in the Part 4A dwelling as the person's principal place of residence; and

(ii) who is not a party to the existing site agreement; and

(iii) who—

(A) has been or is being subjected to family violence by a person who is a party to the existing site agreement; or

(B) is a protected person under a personal safety intervention order made against a person who is a party to the existing site agreement.

(3) For the purposes of subsection (2), a reference to a person who has been or is being subjected to family violence includes a protected person under a family violence safety notice, family violence intervention order or recognised non-local DVO.

(4) An application under subsection (1) may be made without the consent of the site owner or any other party to the site agreement.

(5) If a person specified in subsection (2) is a child, an application under subsection (1) may be made on that child's behalf by a parent or guardian of the child who lives in the Part 4A dwelling with the child.

(6) For the purposes of a proceeding in relation to an application for an order under subsection (1), each of the following persons is a party to the proceeding—

(a) the person who made the application or on whose behalf the application was made;

(b) the site owner;

(c) any site tenant who is excluded from the Part 4A dwelling under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order that protects a person specified in subsection (2);

(d) any other existing joint site tenants of the Part 4A site.

(7) The Tribunal must hear an application under subsection (1)—

(a) within 3 business days of the application being made; or

(b) if the application cannot be heard within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period.