Residential rental provider must not unlawfully discriminate against another person by refusing to let rented premises
(1) A residential rental provider must not contravene section 52 of the Equal Opportunity Act 2010 by refusing to let rented premises to a person on the basis of an attribute set out in section 6 of that Act.
(2) A residential rental provider must not instruct or permit that person's agent to refuse to let rented premises to a person on the basis of an attribute set out in section 6 of the Equal Opportunity Act 2010.
(3) It is not a contravention of this section for an entity specified in subsection (4)—
(a) to refuse to let rented premises; or
(b) to carry out any other function referred to in that subsection.
(4) For the purposes of subsection (3), the following are specified entities—
(a) Homes Victoria or its agent;
(b) a registered agency or the registered agency's agent;
(c) an authorised person (within the meaning of section 4(1) of the Housing Act 1983) who provides rented premises for a purpose referred to in section 142A(2)(a) of that Act;
(d) a person who provides rented premises in accordance with a determination made under section 142E of the Housing Act 1983;
(da) an entity that provides rented premises as affordable housing in accordance with the Victorian Affordable Housing Programs; (e) a person who provides rented premises as affordable housing within the meaning of section 3AA of the Planning and Environment Act 1987. (5) If Homes Victoria makes a determination under section 142E(1) of the Housing Act 1983 that relates to an attribute of a person referred to in section 6 of the Equal Opportunity Act 2010, that determination is not a contravention of this section.
(6) If Homes Victoria makes a VAHP determination that relates to an attribute of a person referred to in section 6 of the Equal Opportunity Act 2010, that VAHP determination is not a contravention of this section. Note Section 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered loss as a result of discrimination by the residential rental provider or that person's agent in contravention of this Division.
Comments