VIC: Residential Tenancies Act Section 447 Limits of jurisdiction of Tribunal
- David Woolfall
- Aug 12, 2022
- 2 min read
Limits of jurisdiction of Tribunal (1) Subject to subsection (3), the Tribunal must not— *****
(b) hear and determine an application for a compensation order which involves a monetary claim exceeding $40 000, or in the case of the site agreement provisions or a Part 4A dwelling purchase agreement, $100 000;
(c) make a determination requiring or authorising the payment of an amount that exceeds $40 000, or in the case of the site agreement provisions or a Part 4A dwelling purchase agreement, $100 000;
(d) make a determination requiring or authorising the carrying out of works, the estimated cost of which exceeds $40 000, or in the case of the site agreement provisions or a Part 4A dwelling purchase agreement, $100 000.
(1A) Subject to subsection (3), the Tribunal must not hear and determine an application—
(a) by a residential rental provider or renter under a residential rental agreement which involves a monetary claim for an amount exceeding $40 000; or
(b) by a rooming house operator or resident in relation to the rooming house provisions, a residency right or an agreement referred to in section 94(2) which involves a monetary claim for an amount exceeding $20 000; or
(c) by a caravan park owner, a caravan owner or a resident in relation to the caravan park provisions, a residency right or an agreement referred to in section 144(1), (2) or (3) which involves a monetary claim for an amount exceeding $20 000; or
(d) by a site owner or a site tenant in relation to the site agreement provisions, a Part 4A dwelling purchase agreement or a site agreement which involves a monetary claim for an amount exceeding $100 000.
(2) The Tribunal must not make a compensation or compliance order requiring the payment of money as a consequence of death, physical injury or pain and suffering.
(3) The Tribunal may hear and determine an application or make a determination in respect of a higher amount if the parties to the application or hearing by instrument authorise the Tribunal to do so.
(4) An authority must be signed by the parties and given to the principal registrar.
(5) An authority, once given, is irrevocable.
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