Rooming house operator must not unlawfully discriminate against another person by refusing occupancy
(1) A rooming house operator must not contravene section 52 of the Equal Opportunity Act 2010 by refusing a person occupancy of the room on the basis of an attribute set out in section 6 of that Act.
(2) A rooming house operator must not instruct or permit that person's agent to refuse a person occupancy 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 a person occupancy of a room in a rooming house; 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 Homes Victoria's 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 a room in a rooming house for a purpose referred to in section 142A(2)(a) of that Act;
(d) a person who provides a room in a rooming house in accordance with a determination made under section 142E of the Housing Act 1983;
(e) a person who provides a room in a rooming house 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.
Note Section 210AA provides that a person may apply to the Tribunal for an order for compensation if the person has suffered a loss as a result of discrimination by the rooming house operator or that person's agent in contravention of this section.
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