VIC: Residential Tenancies Act Section 472 General power of Tribunal to make determinations
- David Woolfall
- Aug 12, 2022
- 2 min read
General power of Tribunal to make determinations (1) The Tribunal, on an application to or in proceedings before it, may make any orders it thinks fit—
(a) to restrain any action in breach of a residential rental agreement or the provisions of this Act relating to a residential rental agreement;
(b) to require any action in the performance of a residential rental agreement or of duties under this Act relating to the residential rental agreement;
(c) to restrain any action in breach of the rooming house provisions or caravan park provisions;
(d) to require any action in the performance of duties under the rooming house provisions or caravan park provisions;
(da) to restrain any action in breach of a site agreement or the provisions of this Act relating to a site agreement;
(db) to require any action in the performance of a site agreement or of duties under this Act relating to the site agreement;
(dc) to require the refund of money paid under a rescinded Part 4A dwelling purchase agreement;
(dd) for the return of a Part 4A dwelling under a rescinded Part 4A dwelling purchase agreement;
(e) for the return of goods unlawfully taken or removed from—
(i) rented premises by a party to the residential rental agreement; or
(ii) a room by a rooming house operator or resident; or
(iii) a caravan or site by a caravan owner, caravan park owner or resident; or
(iv) a Part 4A dwelling or a Part 4A site by a site owner or site tenant;
(f) to require the payment of compensation to any person;
(fa) in respect of any dispute arising under Part 12A;
(fb) declaring that a term of a residential rental agreement is invalid under section 27;
(fc) declaring that a term of a fixed term rooming house agreement is invalid under section 94AC or a term of an agreement under section 94(2) is invalid under section 94(3);
(fd) declaring that a term of an agreement under section 144 is invalid under section 144(4) or (4A);
(fe) declaring that a term of a site agreement is invalid under section 206F(4); (g) that are ancillary or incidental to any other orders that it makes.
(1A) Without limiting this section, the Tribunal, on an application or in a proceeding before it for a contravention of section 30E, may make any orders it thinks fit, including the following—
(a) an order terminating the residential rental agreement;
(b) an order requiring the payment of compensation to any person.
(1B) Subsection (1A)(a) applies despite the operation of section 91B.
(2) The powers of the Tribunal under this section are in addition to all other powers of the Tribunal under this Act.
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