VIC: Residential Tenancies Act Section 91Y Cross-examination in a proceeding for termination or new

Cross-examination in a proceeding for termination or new residential rental agreement

(1) Unless the Tribunal gives leave, in a proceeding on an application under section 91V(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 person may only cross-examine the person subjected to family violence or the protected person—

(a) as to those matters set out in section 91W(2), in the case of an application under section 91V(1)(b); and

(b) as to those matters set out in section 91W(1B), in the case of an application under section 91V(1)(a); and

(c) in accordance with any conditions to which the leave given is subject.