PARLIAMENT OF VICTORIA
Rooming House Operators Bill 2015
TABLE OF PROVISIONS
Clause
Page
Part 1—Preliminary
1
2
3
1
Purpose
Commencement
Definitions
1
2
2
Part 2—The Authority and the Director
4
5
6
10
Functions of the Authority
Functions of the Director
Delegation by Director
10
10
11
Part 3—Licences
12
Division 1—Requirement for licence
12
7
8
Rooming house operators to be licensed
Person representing to be a licensee
Division 2—Application for licence or renewal of licence
9
10
11
12
13
Who may apply for a licence or renewal of a licence?
When to apply for renewal of licence
How to make application
Withdrawal of application
False or misleading information
Division 3—Investigation of applicants
Division 4—Determination of applications
13
13
13
16
16
17
17
18
16 Granting or refusing to grant licence—renewing or refusing to
renew licence
17 Application for licence—licence disqualification criteria
18 Application for renewal of licence—renewal disqualification
criteria
19 Rooming house operator's licence
20 Duration of licence
i
13
17
14 Authority may conduct inquiries and require further information
or a consent to disclosure of information
15 Request to Director or others for information
581082B.I-9/12/2015
12
13
18
19
24
28
28
BILL LA INTRODUCTION 9/12/2015
Clause
Page
Division 5—During the course of the licence
21
22
23
24
25
26
27
28
Ceasing to be fit and proper—notification by licensee
Changes to officers or managers—notification by licensee
Authority's powers in relation to notification
Request to Director or others for information following
notification
Failure to provide information or consents
Determination following notification
Offence to allow certain persons to continue to be officers or
manager
Offence to operate rooming house after failure to notify
Division 6—Exceptions to offences against sections 7 and 8
29
29
30
32
33
34
34
35
36
37
29 Exception to sections 7 and 8—applicant for licence renewal
30 Exception to sections 7 and 8—building owner or lessee
37
38
Part 4—Disciplinary hearings, licence cancellations and protective
orders
41
31 Hearing to determine whether to take disciplinary action under
section 33
32 Grounds for taking disciplinary action under section 33
33 Disciplinary powers of VCAT—orders
34 Protective orders
35 Evidence that VCAT may take into account
36 Endorsement of licence
37 Return of licence
38 Tenancy agreements and residency rights—cancellation of
licence or failure to renew licence
Part 5—Other licensing matters
41
41
43
45
46
47
47
48
49
39 Displaying licence at rooming house
40 Change in details of application for licence or renewal of
licence
41 Death, disability, etc. of licensee
42 Application for review
43 Register of Licensed Rooming House Operators
44 Publication of information
49
49
49
51
52
54
Part 6—Enforcement
55
Division 1—Preliminary
55
45 Production of identity card
55
Division 2—Inspection of documents and records
46 Documents to be available for inspection
47 Licensee or specified persons to produce documents and answer
questions
581082B.I-9/12/2015
ii
55
55
56
BILL LA INTRODUCTION 9/12/2015
Clause
Page
48 Third parties to produce documents and answer questions
relating to business of operating a rooming house
49 Specified public bodies to produce information
50 Certain other specified persons or bodies to produce
information
51 ADIs to produce documents and information
52 Powers on production of documents
53 Where must documents be produced?
54 Order requiring supply of information and answers to questions
55 Service of documents
Division 3—Entry, search and seizure
56
57
58
59
60
61
62
63
64
65
66
67
68
Entry or search with consent
Entry of premises open to the public
Entry without consent or warrant
Search warrants
Form and content of search warrants
Announcement before entry
Seizure of things not described in the warrant
Embargo notice
Inspector may monitor compliance with embargo notice
Search warrants in relation to embargo notice
Retention and return of seized documents or things
Magistrates' Court may extend 3 month period
Requirement to assist inspector during entry
61
63
63
64
65
66
67
67
68
68
69
70
71
71
Offence to give false or misleading information
Confidentiality
Infringements
Protection against self-incrimination
Complaints
Part 7—General
71
72
72
73
73
74
74 Application of Australian Consumer Law and Fair Trading Act
2012
75 Evidence
76 Who may commence proceedings?
77 Extension of time for prosecutions
78 Service of documents
79 Money required to be paid into the Victorian Property Fund
80 Regulations
581082B.I-9/12/2015
58
59
59
60
60
61
61
Division 4—General enforcement matters
69
70
71
72
73
56
57
iii
74
75
75
76
76
77
77
BILL LA INTRODUCTION 9/12/2015
Clause
Page
Part 8—Transitional provisions and consequential amendments
79
Division 1—Transitional provisions
79
81 Definitions
82 Application of sections 7 and 8 to existing rooming house
operators
83 VCAT orders—existing rooming house operator refused licence
Division 2—Consequential amendments
84
85
86
87
88
89
90
1
84
84
84
85
85
86
86
87
General information
581082B.I-9/12/2015
79
82
84
Australian Consumer Law and Fair Trading Act 2012
Business Licensing Authority Act 1998
Estate Agents Act 1980
Residential Tenancies Act 1997—new section 228A
Residential Tenancies Act 1997—new section 268A
Residential Tenancies Act 1997—new section 272A
Residential Tenancies Act 1997—new section 290A
═══════════════
Endnotes
79
87
iv
BILL LA INTRODUCTION 9/12/2015
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Rooming House Operators Bill 2015
A Bill for an Act to improve the operation of rooming houses by
establishing a licensing scheme for rooming house operators and to
make consequential amendments to the Australian Consumer
Law and Fair Trading Act 2012, the Business Licensing Authority
Act 1998, the Estate Agents Act 1980 and the Residential Tenancies
Act 1997 and for other purposes.
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purpose
The purpose of this Act is—
(a) to foster professionalism and reduce
exploitative and undesirable practices within
the rooming house sector by—
5
(i) establishing a licensing scheme for
rooming house operators; and
581082B.I-9/12/2015
1
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 1—Preliminary
(ii) ensuring that licences are only granted
to persons who are fit and proper within
the meaning of the Act; and
(iii) holding licensed rooming house
operators to account for their conduct
and the conduct of persons involved in
the management or operation of their
rooming houses; and
5
(iv) protecting the rights of rooming house
residents; and
10
(b) to make consequential amendments to
the Australian Consumer Law and
Fair Trading Act 2012, the Business
Licensing Authority Act 1998, the Estate
Agents Act 1980 and the Residential
Tenancies Act 1997.
15
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
20
(2) If a provision of this Act does not come into
operation before 1 July 2017, it comes into
operation on that day.
3 Definitions
(1) In this Act—
25
associate of a relevant person means the
following—
(a) a business partner of the relevant
person;
(b) an employee, agent or contractor of the
relevant person;
30
(c) a spouse, domestic partner, child,
grandchild, sibling, parent or
grandparent of the relevant person;
581082B.I-9/12/2015
2
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 1—Preliminary
(d) a person with whom the relevant person
has entered into a lease;
(e) a prescribed person or a person
belonging to a prescribed class of
person;
5
Authority means the Business Licensing
Authority established under the Business
Licensing Authority Act 1998;
body corporate means—
10
(a) a company registered under the
Corporations Act; or
(b) an incorporated association within
the meaning of section 3 of the
Associations Incorporation Reform
Act 2012; or
15
(c) a co-operative within the meaning of
the Co-operatives National Law
(Victoria);
20
Building Code of Australia has the same meaning
as in section 3(1) of the Building Act 1993;
Chief Commissioner of Police means the Chief
Commissioner of Police appointed under the
Victoria Police Act 2013;
25
Chief Executive Officer has the same meaning as
in section 3(1) of the Local Government
Act 1989;
Consumer Act has the same meaning as in the
Australian Consumer Law and Fair
Trading Act 2012;
30
Council has the same meaning as in section 3(1)
of the Local Government Act 1989;
Director means the Director within the meaning
of the Australian Consumer Law and Fair
Trading Act 2012;
581082B.I-9/12/2015
3
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 1—Preliminary
domestic partner of a person means—
(a) a person who is in a registered
relationship with the person; or
(b) a person to whom the person is not
married but with whom the person is
living as a couple on a genuine
domestic basis (irrespective of gender);
5
embargo notice means a notice issued by an
inspector under section 63;
10
externally-administered body corporate means a
body corporate—
(a) that is being wound up; or
(b) in respect of property of which a
receiver, or a receiver and manager, has
been appointed (whether or not by a
court) and is acting; or
15
(c) that is under administration; or
(d) that has executed a deed of company
arrangement that has not yet
terminated; or
20
(e) that has entered into a compromise or
arrangement with another person the
administration of which has not been
concluded;
25
fit and proper person means, in relation to—
(a) an applicant for a licence, that none of
the relevant persons meets any of the
licence disqualification criteria;
(b) a licensee who, when applying for a
renewal of the licensee's licence, does
not include details of a new manager or
officer in the application, that none of
the relevant persons meets any of the
renewal disqualification criteria; or
30
581082B.I-9/12/2015
4
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 1—Preliminary
(c) a licensee who, when applying for a renewal
of the licensee's licence, includes details of a
new manager or officer, that the new
manager or officer does not meet any of the
licence disqualification criteria and that
neither the licensee nor any other relevant
person meets any of the renewal
disqualification criteria;
5
10
inspector means an inspector appointed under the
Australian Consumer Law and Fair
Trading Act 2012;
licence means a licence to operate a rooming
house granted or renewed under section 16;
15
licence disqualification criteria means the criteria
set out in section 17;
Licensing Registrar means the Registrar of the
Business Licensing Authority appointed under
the Business Licensing Authority Act 1998;
20
25
manager means a natural person who has attained
the age of 18 years and who takes part, or
proposes to take part, in the management of a
rooming house, whether or not the person is
employed or engaged by a rooming house
operator or by another person acting on
behalf of the rooming house operator;
officer in relation to a body corporate means any
person (by whatever name called) who—
(a) in the case of a company, is a director
or secretary of the company; or
30
(b) in the case of an incorporated
association, is a member of the
committee of management of the
incorporated association or the
secretary of the incorporated
association; or
35
581082B.I-9/12/2015
5
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 1—Preliminary
(c) in the case of a co-operative, is a
member of the board of directors of the
co-operative; or
(d) makes, or participates in making,
decisions that affect the whole, or a
substantial part, of the business of the
company, incorporated association or
co-operative (as the case may be), but
does not include a manager; or
5
10
(e) has the capacity to affect significantly
the financial standing of the company,
incorporated association or
co-operative (as the case may be); or
(f) in accordance with whose instructions
the directors of the company, the
members of the committee of
management of the incorporated
association or the members of the board
of directors of the co-operative (as the
case may be) are accustomed to act;
15
20
receiver has the same meaning as in section 9 of
the Corporations Act;
receiver and manager has the same meaning as in
section 9 of the Corporations Act;
25
Register means the Register of Licensed Rooming
House Operators established under
section 43;
registered office has the same meaning as in the
Corporations Act;
30
relevant person means—
(a) in relation to a licensee or an applicant
for a licence who is a natural person—
(i) that natural person; or
581082B.I-9/12/2015
6
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 1—Preliminary
(ii) a person who is a manager of a
rooming house that is currently
(or is proposed to be) operated
by the person referred to in
subparagraph (i); and
5
(b) in relation to a licensee or an applicant
for a licence that is a body corporate—
(i) that body corporate; or
(ii) a person who is a manager of a
rooming house that is currently
(or is proposed to be) operated by
the body corporate referred to in
subparagraph (i); or
10
(iii) an officer of the body corporate;
15
20
renewal disqualification criteria means the
criteria set out in section 18;
resident means a person who, with the agreement
of a rooming house operator, occupies as the
resident's only or main residence a room in a
rooming house operated by the rooming
house operator;
rooming house has the same meaning as in
section 3(1) of the Residential Tenancies
Act 1997;
25
30
rooming house operator means a natural person
who, or a body corporate that, conducts the
business of operating a rooming house,
whether or not the rooming house operator
owns the property on which the rooming
house is located;
rooming house provisions has the same meaning
as in section 3(1) of the Residential
Tenancies Act 1997.
581082B.I-9/12/2015
7
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 1—Preliminary
(2) For the purposes of the definition of domestic
partner—
(a) registered relationship has the same
meaning as in the Relationships Act 2008;
and
5
(b) in determining whether persons who are not
in a registered relationship are domestic
partners of each other, all the circumstances
of their relationship are to be taken into
account, including any one or more of the
matters referred to in section 35(2) of the
Relationships Act 2008 as may be relevant
in a particular case.
10
15
(3) For the purposes of the definition of officer, in
paragraph (f) of that definition, instructions
excludes advice given by a person in the proper
performance of functions attaching to the person's
professional capacity or the person's business
relationship with—
20
(a) in the case of a company, the directors of the
company; or
(b) in the case of an incorporated association,
the members of the committee of
management of the incorporated association;
or
25
(c) in the case of a co-operative, the members of
the board of directors of the co-operative.
30
(4) Subject to subsection (5), for the purposes of this
Act, a person takes part in the management of a
rooming house if the person, on behalf of the
rooming house operator—
(a) negotiates residency agreements with
residents of the rooming house; or
(b) enters into residency agreements with
residents of the rooming house; or
35
581082B.I-9/12/2015
8
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 1—Preliminary
(c) gives notice to a resident of the rooming
house under the Residential Tenancies
Act 1997; or
(d) receives a payment of rent from a resident of
the rooming house.
5
(5) A person does not take part in the management of
a rooming house merely because the person
carries out caretaking duties at the rooming house.
581082B.I-9/12/2015
9
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 2—The Authority and the Director
Part 2—The Authority and the Director
4 Functions of the Authority
The functions of the Authority under this Act
are—
5
(a) to determine applications for licences and
renewals of licences; and
(b) to determine whether a new manager of a
rooming house operated by a licensee or a
new officer of a body corporate that is a
licensee meets any of the licence
disqualification criteria; and
10
(c) to liaise with the Director, the Chief
Executive Officers of Councils and the
Chief Commissioner of Police so as to assist
those persons to carry out their functions in
relation to this Act; and
15
(d) to refer relevant matters for investigation by
the Director or any other relevant body; and
(e) any other function conferred on the
Authority by or under this Act, any
regulations made under this Act or any
other Act.
20
5 Functions of the Director
The functions of the Director under this Act are—
25
(a) to monitor compliance with, and investigate
and prosecute alleged contraventions of, this
Act; and
(b) to instigate disciplinary action against
licensees; and
30
(c) to liaise with the Authority so as to assist
the Authority to carry out its functions in
relation to this Act; and
581082B.I-9/12/2015
10
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 2—The Authority and the Director
(d) to refer to other bodies for investigation, if
appropriate, any allegation, complaint or
information in relation to rooming house
operators; and
5
(e) any other function conferred on the Director
by or under this Act, any regulations made
under this Act or any other Act.
6 Delegation by Director
10
The Director, by instrument, may delegate any
function or power of the Director under this Act
(other than this power of delegation) to any person
or class of person employed under Part 3 of the
Public Administration Act 2004.
581082B.I-9/12/2015
11
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
Part 3—Licences
Division 1—Requirement for licence
7 Rooming house operators to be licensed
5
(1) A rooming house operator must hold a licence
unless the rooming house operator is—
(a) a registered housing association within
the meaning of section 4 of the Housing
Act 1983; or
(b) a registered housing provider within
the meaning of section 4 of the Housing
Act 1983.
10
Penalty: In the case of a natural person,
240 penalty units or imprisonment for
2 years.
15
20
In the case of a body corporate,
1200 penalty units.
(2) If a declaration is made under section 19(2) or (3)
of the Residential Tenancies Act 1997 in respect
of a building, subsection (1) does not apply to a
rooming house operator who operates a rooming
house at that building for a period of 60 days from
the date that the declaration is made.
Note
25
Section 19(2) and (3) of the Residential Tenancies
Act 1997 provides that the Minister may declare certain
buildings to be rooming houses following a request by the
owner of the building or the Director of Housing.
581082B.I-9/12/2015
12
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
8 Person representing to be a licensee
5
A person who does not hold a licence must not
make a representation stating or implying that the
person is a licensee or is otherwise authorised to
operate a rooming house under this Act.
Penalty: In the case of a natural person,
120 penalty units.
In the case of a body corporate,
600 penalty units.
10
Division 2—Application for licence or renewal of
licence
9 Who may apply for a licence or renewal of a
licence?
15
(1) A person may make an application for a licence if
the person—
(a) has attained the age of 18 years, in the case
of a natural person; or
(b) is a body corporate.
20
(2) A person who is a licensee may apply for a
renewal of the person's licence.
10 When to apply for renewal of licence
An application for a renewal of a licence must be
made before the expiry of the licence but not
earlier than 60 days before that expiry.
25
11 How to make application
(1) An application for a licence or for a renewal of a
licence must be made in the manner and form
approved by the Authority.
581082B.I-9/12/2015
13
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(2) An application for a licence or a renewal of a
licence by a natural person who is, or intends to
be, a rooming house operator must include the
following information—
5
(a) the applicant's full name;
(b) the applicant's date of birth;
(c) the applicant's residential address;
(d) if a rooming house that the applicant
currently operates, or intends to operate, has
a manager or a proposed manager, the
following details about the manager—
10
(i) the manager's full name;
(ii) the manager's date of birth;
(iii) the manager's residential address;
15
20
(e) any other information in relation to the
application required by the Authority.
(3) An application for a licence or a renewal of a
licence by a body corporate that is, or intends to
be, a rooming house operator must include the
following information—
(a) the name of the body corporate, its business
name (if any) and its ACN or ABN;
(b) the address of its registered office;
(c) the full name of each officer of the body
corporate and each officer's date of birth,
position and residential address;
25
(d) if a rooming house that the applicant
currently operates, or intends to operate, has
a manager or a proposed manager, the
following details about the manager—
30
(i) the manager's full name;
581082B.I-9/12/2015
14
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(ii) the manager's date of birth;
(ii) the manager's residential address;
(e) any other information in relation to the
application required by the Authority.
5
(4) An application made under subsection (1) must be
accompanied by—
(a) any document or other information required
by the Authority—
10
(i) to verify the identity of a relevant
person; or
15
(ii) to enable the Authority to ascertain
whether a relevant person meets any of
the licence disqualification criteria or
renewal disqualification criteria, as the
case may be; and
(b) the applicant's consent to the Authority
checking or verifying any information
provided by the applicant under this section;
and
20
(c) the manager's consent to the Authority
verifying the manager's identity; and
(d) in the case of a body corporate, each officer's
consent to the Authority verifying the
officer's identity; and
25
(e) in the case of a body corporate, a declaration
by the natural person making the application
that—
(i) the natural person is authorised by all
the officers of the body corporate to
make the application on behalf of the
body corporate; and
30
(ii) the information provided in the
application is true and correct; and
581082B.I-9/12/2015
15
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(f) in the case of a natural person, a declaration
made by the natural person that the
information provided in the application is
true and correct.
5
(5) An application made under subsection (1) must be
accompanied by—
(a) the prescribed licence application fee or the
prescribed renewal of licence application fee;
and
10
(b) the prescribed licence fee.
12 Withdrawal of application
15
(1) A person may withdraw, in the manner and form
approved by the Authority, the person's
application for a licence or a renewal of a licence
at any time before the application is determined.
(2) If an application for a licence or a renewal of a
licence is withdrawn by an applicant under
subsection (1) or is refused by the Authority under
section 16, the Authority—
20
(a) at its discretion, may refund in whole or part
the application fee that accompanied the
application; and
(b) must refund the licence fee that accompanied
the application.
25
13 False or misleading information
A person must not in, or in relation to, an
application for a licence or a renewal of a licence
give information that is false or misleading in a
material particular.
30
Penalty: In the case of a natural person,
60 penalty units.
In the case of a body corporate,
300 penalty units.
581082B.I-9/12/2015
16
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
Division 3—Investigation of applicants
14 Authority may conduct inquiries and require
further information or a consent to disclosure of
information
5
In considering an application for a licence or a
renewal of a licence, the Authority may—
(a) conduct any inquiries in relation to the
application that it thinks fit; and
(b) require a relevant person to provide further
information in relation to the application
within a specified time; and
10
(c) require a relevant person to confirm the
veracity of any information provided by the
relevant person under this Act by means of a
statutory declaration within a specified time;
and
15
(d) require a relevant person to provide within a
specified time any consent to disclosure of
information that the Authority requires for
the purpose of performing, or to have
performed, a check on the relevant person or
on any information included with the
application.
20
15 Request to Director or others for information
25
(1) Without limiting section 14, in considering an
application for a licence or a renewal of a licence,
the Authority may request the following persons
to provide information in relation to the
application—
30
(a) the Director;
(b) the Chief Executive Officer of a Council;
(c) the Chief Commissioner of Police.
581082B.I-9/12/2015
17
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(2) If the Authority makes a request to the Director or
the Chief Executive Officer of a Council under
subsection (1), the Director or Chief Executive
Officer of a Council (as the case may be)—
5
(a) may make any inquiries in relation to the
application that the Director or Chief
Executive Officer of a Council considers
appropriate to enable the proper
consideration of the application; and
10
(b) must give the Authority a report on the
results of those inquiries.
(3) If the Authority makes a request to the Chief
Commissioner of Police under subsection (1), the
Chief Commissioner of Police—
15
(a) must make any inquiries in relation to the
application that the Chief Commissioner of
Police considers appropriate to enable the
proper consideration of the application; and
(b) must give the Authority a report on the
results of those inquiries.
20
(4) The Authority may take into account any report
received under this section in considering an
application for a licence or a renewal of a licence.
Division 4—Determination of applications
25
16 Granting or refusing to grant licence—renewing or
refusing to renew licence
(1) If the Authority is satisfied that the applicant is a
fit and proper person, the Authority must—
(a) grant a licence to an applicant or renew an
applicant's licence, as the case may be; and
30
(b) notify the applicant in writing of the
Authority's determination.
581082B.I-9/12/2015
18
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(2) The Authority must refuse to grant a licence to an
applicant or refuse to renew an applicant's licence,
as the case may be, if—
(a) the Authority is satisfied that the applicant is
not a fit and proper person; or
5
(b) the application for the licence or renewal of
the licence is incomplete; or
(c) any information required under section 14
has not been provided within the time
specified by the Authority; or
10
(d) a consent required under section 14 has not
been provided within the time specified by
the Authority; or
(e) a statutory declaration required under
section 14 has not been provided within the
time specified by the Authority.
15
(3) If the Authority refuses to grant a licence or to
renew the applicant's licence, the Authority
must—
20
(a) notify the applicant in writing that the
application has been refused and specify the
grounds for the refusal; and
(b) refund the prescribed licence fee to the
applicant; and
25
(c) advise the Director of the refusal.
17 Application for licence—licence disqualification
criteria
(1) The following are the licence disqualification
criteria—
30
(a) within the preceding 10 years, a relevant
person has been convicted or found guilty
of—
581082B.I-9/12/2015
19
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(i) an offence involving fraud, dishonesty,
drug cultivation or trafficking, sexual
slavery or servitude, child pornography
or violence that was punishable by a
term of imprisonment of 3 months or
more at the time of the conviction or
finding of guilt or a sexual offence or
an offence connected with sex work
that was punishable by a term of
imprisonment of 3 months or more at
the time of the conviction or finding of
guilt; or
5
10
(ii) an offence that, if committed in
Victoria, would constitute an offence
referred to in subparagraph (i);
15
(b) a relevant person is an insolvent under
administration;
(c) a relevant person is an externally
administered corporation under the
Corporations Act;
20
(d) a relevant person is a represented person
within the meaning of the Guardianship
and Administration Act 1986;
(e) within the preceding 5 years, a relevant
person's licence was cancelled;
25
(f) within the preceding 5 years, a relevant
person has been convicted or found guilty
of—
30
(i) an offence against this Act (other than
section 39); or
35
(ii) in relation to a rooming house, an
offence against section 67, 75(2),
176(2), 183, 194(4), 210(1) or (2)
or 211 of the Public Health and
Wellbeing Act 2008; or
581082B.I-9/12/2015
20
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(iii) in relation to a rooming house, an
offence against any regulations made
under the Public Health and
Wellbeing Act 2008; or
5
(iv) an offence against the rooming house
provisions; or
(v) in relation to a rooming house, an
offence against section 118(1),
221ZZC(1), 221ZZG(1) or (2), 231F(3)
or (4) or 246 of the Building Act 1993;
or
10
(vi) in relation to a rooming house, an
offence against any regulation made
under the Building Act 1993 in relation
to—
15
(A) a Class 1 building or Class 3
building (within the meaning of
the Building Code of Australia);
or
20
(B) barriers for swimming pools or
spas; or
(C) changes of use of a building; or
(D) the maintenance of essential safety
measures; or
25
(vii) in relation to a rooming house, an
offence against section 126 or 137
of the Planning and Environment
Act 1987; or
(viii) an offence against section 45 of the
Australian Consumer Law and Fair
Trading Act 2012; or
30
(ix) an offence against section 168 of the
Australian Consumer Law (Victoria);
581082B.I-9/12/2015
21
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(g) within the preceding 5 years, a relevant
person was the subject of an order referred
to in section 216(2)(h) of the Australian
Consumer Law and Fair Trading
Act 2012 in relation to a contravention of—
5
(i) the rooming house provisions; or
(ii) section 45 of the Australian
Consumer Law and Fair Trading
Act 2012; or
10
(iii) section 168 of the Australian Consumer
Law (Victoria); or
(iv) this Act;
(h) within the preceding 5 years, a relevant
person was the subject of an order of the
kind referred to in section 216(2)(h) of the
Australian Consumer Law and Fair
Trading Act 2012 and made under
section 216(3) of that Act in relation to a
contravention of—
15
20
(i) the rooming house provisions; or
(ii) section 45 of the Australian
Consumer Law and Fair Trading
Act 2012; or
(iii) section 168 of the Australian Consumer
Law (Victoria); or
25
(iv) this Act;
(i) in the case of an applicant that is a
body corporate, within the preceding
5 years an officer of the body corporate
was an officer of another body corporate
(the second-mentioned body corporate) at
the time that the second-mentioned body
corporate—
30
581082B.I-9/12/2015
22
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(i) committed an offence referred to
in paragraph (f) for which the
second-mentioned body corporate
was later convicted or found guilty; or
5
(ii) contravened a provision referred to in
paragraph (g) or (h) in relation to which
the second-mentioned body corporate
was later the subject of an order
referred to in either of those
paragraphs;
10
(j) in the case of an applicant that is a body
corporate, an officer of the body corporate
was an officer of another body corporate
whose licence was cancelled within the
preceding 5 years.
15
(2) Despite anything to the contrary in subsection (1),
a relevant person is not taken to meet a licence
disqualification criterion if—
(a) the relevant person was convicted or found
guilty of an offence referred to in
subsection (1)(f) against a provision for
which the relevant person was issued or
served with an infringement notice under the
Infringements Act 2006 and—
20
25
(i) the relevant person elected under
section 16 of that Act to have the
matter heard and determined in the
Magistrates' Court; or
(ii) the relevant person elected under
section 30 of that Act to have the
matter heard and determined in the
Magistrates' Court; or
30
581082B.I-9/12/2015
23
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(b) the relevant person was the subject of an
order referred to in subsection (1)(g) or (h)
and the order was agreed to by all parties to
the proceeding before the commencement of
this section.
5
18 Application for renewal of licence—renewal
disqualification criteria
(1) The following are the renewal disqualification
criteria—
10
(a) during the period to which the licence
relates, a relevant person was convicted or
found guilty of—
(i) an offence involving fraud, dishonesty,
drug cultivation or trafficking, sexual
slavery or servitude, child pornography
or violence that was punishable by a
term of imprisonment of 3 months or
more at the time of the conviction or
finding of guilt or a sexual offence or
an offence connected with sex work
that was punishable by a term of
imprisonment of 3 months or more at
the time of the conviction or finding of
guilt; or
15
20
25
(ii) an offence that, if committed in
Victoria, would constitute an offence
referred to in subparagraph (i);
(b) during the period to which the licence
relates—
30
(i) a relevant person became an insolvent
under administration; or
(ii) a relevant person became an externally
administered corporation under the
Corporations Act; or
581082B.I-9/12/2015
24
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(iii) a relevant person became a represented
person within the meaning of the
Guardianship and Administration
Act 1986;
5
(c) during the period to which the licence
relates, the licence of a relevant person
(other than the applicant) was cancelled;
(d) during the period to which the licence
relates, a relevant person was convicted or
found guilty of—
10
(i) an offence against this Act (other than
section 39); or
(ii) in relation to a rooming house, an
offence against section 67, 75(2),
176(2), 183, 194(4), 210(1) or (2)
or 211 of the Public Health and
Wellbeing Act 2008; or
15
(iii) in relation to a rooming house, an
offence against any regulations made
under the Public Health and
Wellbeing Act 2008; or
20
(iv) an offence against the rooming house
provisions; or
(v) in relation to a rooming house, an
offence against section 118(1),
221ZZC(1), 221ZZG(1) or (2), 231F(3)
or (4) or 246 of the Building Act 1993;
or
25
(vi) in relation to a rooming house, an
offence against any regulation made
under the Building Act 1993 in relation
to—
30
581082B.I-9/12/2015
25
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(A) a Class 1 building or Class 3
building (within the meaning of
the Building Code of Australia);
or
5
(B) barriers for swimming pools or
spas; or
(C) changes of use of a building; or
(D) the maintenance of essential safety
measures; or
10
(vii) in relation to a rooming house, an
offence against section 126 or 137
of the Planning and Environment
Act 1987; or
(viii) an offence against section 45 of the
Australian Consumer Law and Fair
Trading Act 2012; or
15
(ix) an offence against section 168 of the
Australian Consumer Law (Victoria);
(e) during the period to which the licence
relates, a relevant person was the subject
of—
20
(i) an order referred to in section 216(2)(h)
of the Australian Consumer Law and
Fair Trading Act 2012 in relation to a
contravention of—
25
(A) the rooming house provisions; or
(B) section 45 of the Australian
Consumer Law and Fair
Trading Act 2012; or
30
(C) section 168 of the Australian
Consumer Law (Victoria); or
(D) this Act;
581082B.I-9/12/2015
26
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(ii) an order of the kind referred to in
section 216(2)(h) of the Australian
Consumer Law and Fair Trading Act
2012 and made under section 216(3) of
that Act in relation to a contravention
of—
5
(A) the rooming house provisions; or
(B) section 45 of the Australian
Consumer Law and Fair
Trading Act 2012; or
10
(C) section 168 of the Australian
Consumer Law (Victoria); or
(D) this Act;
(f) during the period to which the licence
relates, in the case of an applicant that
is a body corporate, an officer of the
body corporate was an officer of another
body corporate (the second-mentioned
body corporate) at the time that the
second-mentioned body corporate—
15
20
(i) committed an offence referred to
in paragraph (d) for which the
second-mentioned body corporate was
later convicted or found guilty; or
25
(ii) contravened a provision referred to in
paragraph (e) in relation to which the
second-mentioned body corporate was
later the subject of an order referred to
in that paragraph;
30
(g) during the period to which the licence
relates, in the case of an applicant that is a
body corporate, an officer of the body
corporate was an officer of another body
corporate whose licence was cancelled.
581082B.I-9/12/2015
27
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
5
(2) Despite anything to the contrary in subsection (1),
a relevant person is not taken to meet a renewal
disqualification criterion if, during the period to
which the licence relates, the relevant person was
convicted or found guilty of an offence referred to
in subsection (1)(d) against a provision for which
the relevant person was issued or served with an
infringement notice under the Infringements
Act 2006 and—
10
(a) the relevant person elected under section 16
of that Act to have the matter heard and
determined in the Magistrates' Court; or
(b) the relevant person elected under section 30
of that Act to have the matter heard and
determined in the Magistrates' Court.
15
19 Rooming house operator's licence
(1) A licence—
(a) must be in the form approved by the
Authority; and
20
(b) is personal to the licensee; and
(c) is not transferable to any other person; and
(d) does not vest by operation of law in any
other person.
25
(2) A licensee may operate one or more rooming
houses in accordance with one licence.
20 Duration of licence
(1) A licence remains in force until whichever of the
following first occurs—
(a) the period specified in the licence ends; or
30
(b) the licensee's application to renew the
licence is refused; or
(c) the licence is cancelled.
581082B.I-9/12/2015
28
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(2) Despite subsection (1)(b), a licence, in respect of
which an application for renewal is made under
Division 2, is taken to continue in force, after the
expiry of the licence period—
5
(a) if the licensee does not apply to VCAT for
review of the Authority's determination
under section 16 to refuse the application for
renewal, until the day after the period
specified in section 42(3) during which the
licensee may apply to VCAT; or
10
(b) if, within the period specified in
section 42(3), the licensee applies to
VCAT for review of the Authority's
determination under section 16 to refuse
the application for renewal, until VCAT
determines that application.
15
(3) For the purposes of subsection (1), the Authority
may specify a licence period of—
(a) not more than 3 years, in the case of an
initial grant of a licence; and
20
(b) not less than 3 years and not more than
5 years, in the case of the renewal of a
licence.
Division 5—During the course of the licence
25
30
21 Ceasing to be fit and proper—notification by
licensee
(1) A licensee must notify the Authority, in the form
and manner approved by the Authority, within
14 days after becoming aware of any of the
following matters—
(a) the licensee meets one or more renewal
disqualification criteria;
581082B.I-9/12/2015
29
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(b) in the case of a licensee that is a body
corporate, an officer of the body corporate
meets one or more renewal disqualification
criteria;
5
(c) a manager of a rooming house operated by
the licensee meets one or more renewal
disqualification criteria.
Penalty: In the case of a natural person,
120 penalty units.
10
In the case of a body corporate,
600 penalty units.
(2) The Authority must advise the Director of any
notification received under subsection (1).
15
22 Changes to officers or managers—notification by
licensee
(1) A licensee must notify the Authority, in the form
and manner approved by the Authority, within
14 days after one or more of the following events
has occurred—
20
(a) a person becomes, or ceases to be, a manager
of a rooming house operated by the licensee;
(b) in the case of a licensee that is a body
corporate, a person becomes, or ceases to be,
an officer of the body corporate.
25
Penalty: In the case of a natural person,
120 penalty units.
In the case of a body corporate,
600 penalty units.
30
(2) A notification made under subsection (1) in
relation to a person who becomes a manager or an
officer of the body corporate must include—
581082B.I-9/12/2015
30
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(a) in the case of a new manager, the following
information—
(i) the manager's full name;
(ii) the manager's date of birth;
5
(iii) the manager's residential address; and
(b) in the case of a new officer, the following
information—
(i) the officer's full name;
(ii) the officer's date of birth;
10
(iii) the officer's residential address;
(iv) the officer's position; and
(c) any other information in relation to the
notification required by the Authority.
15
(3) A notification made under subsection (1) must be
accompanied by—
(a) any document or other information required
by the Authority—
(i) to verify the identity of the manager or
officer, as the case may be; or
20
(ii) to enable the Authority to ascertain
whether the manager or officer (as the
case may be) meets any of the licence
disqualification criteria; and
(b) the licensee's consent to the Authority
checking or verifying any information
provided by the licensee under this section;
and
25
(c) the consent of the manager or officer to the
Authority verifying the identity of the
manager or officer, as the case may be; and
30
581082B.I-9/12/2015
31
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(d) in the case of a body corporate, a declaration
by the natural person making the notification
that—
(i) the natural person is authorised by all
the officers of the body corporate to
make the notification on behalf of the
body corporate; and
5
(ii) the information provided in the
notification is true and correct; and
10
(e) in the case of a natural person, a declaration
made by the natural person that the
information provided in the notification is
true and correct; and
(f) the prescribed determination fee.
15
23 Authority's powers in relation to notification
In considering a notification made under
section 22, the Authority may—
(a) conduct any inquiries in relation to the
notification that it thinks fit; and
20
(b) require a relevant person to provide further
information in relation to the notification
within a specified time; and
(c) require a relevant person to confirm the
veracity of any information provided by the
relevant person under this Act by means of a
statutory declaration within a specified time;
and
25
(d) require a relevant person to provide within a
specified time any consent to disclosure of
information that the Authority requires for
the purpose of performing, or to have
performed, a check on the relevant person or
on any information included with the
notification.
30
581082B.I-9/12/2015
32
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
24 Request to Director or others for information
following notification
5
(1) Without limiting section 23, in considering a
notification made under section 22, the Authority
may request the following persons to provide
information in relation to the notification—
(a) the Director;
(b) the Chief Executive Officer of a Council;
(c) the Chief Commissioner of Police.
10
(2) If the Authority makes a request to the Director or
the Chief Executive Officer of a Council under
subsection (1), the Director or Chief Executive
Officer of a Council (as the case may be)—
(a) may make any inquiries in relation to the
notification that the Director or Chief
Executive Officer of a Council considers
appropriate to enable the proper
consideration of the notification; and
15
(b) must give the Authority a report on the
results of those inquiries.
20
(3) If the Authority makes a request to the Chief
Commissioner of Police under subsection (1), the
Chief Commissioner of Police—
(a) must make any inquiries in relation to the
notification that the Chief Commissioner of
Police considers appropriate to enable the
proper consideration of the notification; and
25
(b) must give the Authority a report on the
results of those inquiries.
581082B.I-9/12/2015
33
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(4) The Authority may take into account any report
received under this section in considering a
notification.
25 Failure to provide information or consents
5
10
15
(1) The Authority must refuse to consider a
notification made under section 22 if a person
fails or refuses to comply with a requirement
under section 22(2) or (3) or 23 within the time
specified by the Authority.
(2) If the Authority refuses under subsection (1) to
consider a notification made under section 22, the
Authority must advise the Director and the
licensee that the Authority has not determined
whether the manager or the officer meets any of
the licence disqualification criteria because of a
person's failure or refusal to comply with a
requirement under section 22(2) or (3) or 23.
26 Determination following notification
20
25
30
(1) After being notified under section 22 that a person
has become a manager of a rooming house
operated by a licensee or has become an officer of
a body corporate that is a licensee, the Authority
may determine whether the manager or the officer
meets any of the licence disqualification criteria.
(2) The Authority must advise the licensee whether
the manager or the officer meets any of the licence
disqualification criteria after it makes a
determination under subsection (1).
(3) In addition to the requirement of subsection (2), if
the Authority determines that the manager or
officer meets any of the licence disqualification
criteria, the Authority must advise the Director of
the determination.
581082B.I-9/12/2015
34
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
27 Offence to allow certain persons to continue to be
officers or manager
5
10
(1) In the case of a licensee that is a body corporate,
if the Authority has determined under section 26
that one or more of its officers meets any of the
licence disqualification criteria, the licensee must
ensure any such officer ceases to be an officer of
the body corporate as soon as practicable within
the time permitted by law in relation to that body
corporate after the Authority has advised the
licensee of its determination.
Penalty: 1200 penalty units.
15
20
(2) If the Authority has determined under section 26
that a manager of a rooming house operated by a
licensee meets any of the licence disqualification
criteria, the licensee must ensure that the manager
ceases to take part in the management of the
rooming house within 7 days after the Authority
has advised the licensee of its determination.
Penalty: In the case of a natural person,
240 penalty units.
In the case of a body corporate,
1200 penalty units.
25
30
35
(3) If the Authority has advised a licensee that is a
body corporate that it has not determined under
section 26 whether an officer meets any of the
licence disqualification criteria because of a
person's refusal to comply with a requirement
under section 22(2) or (3) or 23, the licensee must
ensure that the officer ceases to be an officer of
the body corporate as soon as practicable within
the time permitted by law in relation to that body
corporate after the Authority has advised the
licensee of its determination.
Penalty: 1200 penalty units.
581082B.I-9/12/2015
35
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
5
10
(4) If the Authority has advised a licensee that it has
not determined under section 26 whether a
manager meets any of the licence disqualification
criteria because of a person's refusal to comply
with a requirement under section 22(2) or (3)
or 23, the licensee must ensure that the manager
ceases to take part in the management of a
rooming house operated by the licensee within
7 days after the Authority has advised the licensee
of its determination.
Penalty: In the case of a natural person,
240 penalty units.
In the case of a body corporate,
1200 penalty units.
15
28 Offence to operate rooming house after failure to
notify
(1) A licensee must not operate a rooming house if
the details of the manager of the rooming house—
(a) were not included in the licensee's
application for a licence or renewal of a
licence under Division 2; or
20
(b) were not included in a notification to the
Authority under section 22.
25
Penalty: In the case of a natural person,
240 penalty units.
In the case of a body corporate,
1200 penalty units.
30
(2) A licensee that is a body corporate must not
operate a rooming house if the details of an officer
of the body corporate—
(a) were not included in the licensee's
application for a licence or renewal of a
licence under Division 2; or
581082B.I-9/12/2015
36
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(b) were not included in a notification to the
Authority under section 22.
Penalty: 1200 penalty units.
5
Division 6—Exceptions to offences against sections
7 and 8
29 Exception to sections 7 and 8—applicant for licence
renewal
10
(1) Despite sections 7 and 8, if a person whose
application for renewal of a licence is refused by
the Authority applies to VCAT under section 42
for review of the Authority's determination under
section 16 within the period specified in
section 42(3) and VCAT upholds the Authority's
determination and—
15
(a) before, or within 7 days after, VCAT's
decision, the person gives each resident a
notice to vacate the room occupied by the
resident by a date that is 120 days after the
date on which the notice is given; and
20
(b) the person does not withdraw the notice to
vacate—
25
30
the person does not commit an offence against
section 7 or 8 during the period starting on the
date that VCAT upholds the Authority's
determination and ending 120 days after the date
on which the notice to vacate is given.
(2) Despite sections 7 and 8, if a person whose
application for renewal of a licence is refused by
the Authority does not apply to VCAT under
section 42 for review of the Authority's
determination under section 16 within the period
specified in section 42(3) and—
581082B.I-9/12/2015
37
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(a) before, or within 7 days after, the period
specified in section 42(3), the person gives
each resident a notice to vacate the room
occupied by the resident by a date that is
120 days after the date on which the notice
is given; and
5
(b) the person does not withdraw the notice to
vacate—
10
15
20
the person does not commit an offence against
section 7 or 8 during the period starting on the
day after the end of the period specified in
section 42(3) and ending 120 days after the date
on which the notice to vacate is given.
(3) A person is not taken to have withdrawn a notice
to vacate given to a resident under subsection (1)
or (2) if, after giving that notice to vacate, the
person gives the resident another notice to vacate
under section 243, 244, 245, 246, 248, 249, 250,
251, 253, 278, 279, 280, 281, 282, 283 or 284 of
the Residential Tenancies Act 1997.
30 Exception to sections 7 and 8—building owner or
lessee
25
30
(1) Despite sections 7 and 8, if a person who is a
lessee or an owner of a building referred to in
section 289A(2) of the Residential Tenancies
Act 1997, or that person's agent, complies with
the requirement to give a notice to vacate to each
resident in accordance with section 289A(3) of
that Act within 28 days after becoming aware of
an event referred to in section 289A(1) of that
Act, that person does not commit an offence
against section 7 or 8 during the period—
(a) starting on the date that the lease is
terminated or the building is abandoned
(as the case may be); and
35
581082B.I-9/12/2015
38
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(b) ending on the date specified in the notice to
vacate.
5
(2) Despite sections 7 and 8, if a person who is a
lessee or an owner of a building referred to in
section 289A(2A) of the Residential Tenancies
Act 1997 applies for a licence within 28 days
after becoming aware of an event referred to in
section 289A(1) of that Act, that person does not
commit an offence against section 7 or 8—
10
(a) if the licence is granted by the Authority,
during the period—
(i) starting on the date that the lease is
terminated or the building is abandoned
(as the case may be); and
15
(ii) ending on the day that the Authority
grants licence; or
(b) if the Authority refuses to grant the licence
and the person does not apply under
section 42 for review of the Authority's
determination under section 16, during the
period—
20
(i) starting on the date that the lease is
terminated or the building is abandoned
(as the case may be); and
25
(ii) ending on the day after the end of the
period specified in section 42(3); or
(c) if the Authority refuses to grant the licence
and the person applies under section 42 for
review of the Authority's determination
under section 16 within the period specified
in section 42(3), during the period—
30
(i) starting on the date that the lease is
terminated or the building is abandoned
(as the case may be); and
581082B.I-9/12/2015
39
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 3—Licences
(ii) ending on the day after the day on
which VCAT upholds the Authority's
determination.
5
10
(3) Without limiting subsection (2), despite sections 7
and 8, if a person who is a lessee or an owner of a
building referred to in section 289A(2A) of the
Residential Tenancies Act 1997 is refused a
licence, that person does not commit an offence
against section 7 or 8 if that person, or that
person's agent, complies with the requirement to
give a notice to vacate to each resident in
accordance with section 289A(3) of that Act—
(a) if the person does not apply under section 42
for review of the Authority's determination
under section 16, during the period—
15
(i) starting on or before the day after
the end of the period specified in
section 42(3); and
(ii) ending on the date specified in the
notice to vacate; or
20
(b) if the person applies under section 42 for
review of the Authority's determination
under section 16 within the period specified
in section 42(3) and VCAT upholds the
Authority's determination, during the
period—
25
(i) starting on the day after the day on
which VCAT upholds the Authority's
determination; and
30
(ii) ending on the date specified in the
notice to vacate.
581082B.I-9/12/2015
40
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 4—Disciplinary hearings, licence cancellations and protective orders
Part 4—Disciplinary hearings, licence
cancellations and protective orders
31 Hearing to determine whether to take disciplinary
action under section 33
5
10
(1) The Director may apply at any time to VCAT to
conduct a hearing to determine whether there are
grounds for taking disciplinary action under
section 33 against a licensee.
(2) Within 28 days after an application is made under
subsection (1), VCAT must—
(a) in relation to grounds referred to in
section 32(a)(i) or (b)(i), complete and
determine a hearing; and
(b) in relation to any other grounds referred to in
section 32, commence a hearing.
15
32 Grounds for taking disciplinary action under
section 33
20
There are grounds for taking disciplinary action
under section 33 against a licensee if VCAT is
satisfied that—
(a) a relevant person—
(i) meets any of the licence
disqualification criteria or renewal
disqualification criteria; or
25
(ii) has permitted a person who meets one
or more of the licence disqualification
criteria (other than being an insolvent
under administration) to be involved in
the operation of any rooming house
operated by the licensee; or
30
(iii) has contravened this Act or the
regulations (whether or not the relevant
person has been convicted or found
581082B.I-9/12/2015
41
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 4—Disciplinary hearings, licence cancellations and protective orders
guilty of an offence against this Act or
the regulations); or
(iv) has contravened the rooming house
provisions (whether or not the relevant
person has been convicted or found
guilty of an offence against the rooming
house provisions); or
5
(v) in relation to a rooming house operated
by the licensee, has engaged in conduct,
or has permitted another to engage in
conduct, to the detriment of the safety
of the residents or the quiet enjoyment
of the rooming house by the residents
or to the detriment of the safety,
operation or amenity of the rooming
house; or
10
15
(vi) in relation to a rooming house operated
by the licensee, has engaged in conduct,
or has permitted another to engage in
conduct, that discourages a resident
from exercising rights under the
Residential Tenancies Act 1997; or
20
(b) the licensee—
(i) has failed to comply with an order of
VCAT made under section 33; or
25
(ii) for any other reason not referred to in
this section, is not a suitable person to
hold a licence; or
(c) an associate of a relevant person—
30
(i) in relation to a rooming house operated
by the licensee, has engaged in conduct,
or has permitted another to engage in
conduct, to the detriment of the safety
of the residents or the quiet enjoyment
of the rooming house by the residents
or to the detriment of the safety,
35
581082B.I-9/12/2015
42
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 4—Disciplinary hearings, licence cancellations and protective orders
operation or amenity of the rooming
house; or
(ii) in relation to a rooming house operated
by the licensee, has engaged in conduct,
or has permitted another to engage in
conduct, that discourages a resident
from exercising rights under the
Residential Tenancies Act 1997; or
5
(iii) has engaged in other conduct that
demonstrates that the licensee is not a
suitable person to hold a licence.
10
33 Disciplinary powers of VCAT—orders
15
(1) If VCAT is satisfied that there are grounds under
section 32 for taking action against a licensee
under this section, VCAT may make any order it
considers appropriate, including—
(a) an order to do one or more of the
following—
(i) require the licensee to comply with a
requirement specified by VCAT within,
or for, a specified time;
20
(ii) require the licensee to enter into an
undertaking to perform, or not to
perform, certain tasks specified in the
undertaking;
25
(iii) require the licensee to pay a penalty not
exceeding $10 000 by a specified date;
(iv) impose any condition on the licence
held by the licensee;
30
(v) cancel the licence held by the licensee;
(b) a protective order referred to in
section 34(3).
581082B.I-9/12/2015
43
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 4—Disciplinary hearings, licence cancellations and protective orders
(2) Subject to subsection (3), in determining whether
to make an order under subsection (1), VCAT
must regard the paramount consideration as
being—
5
(a) the need to reduce exploitative and
undesirable practices within the rooming
house sector; and
10
(b) the need to hold licensed rooming house
operators to account for their conduct and the
conduct of persons involved in the
management or operation of their rooming
houses.
15
(3) If VCAT is satisfied that a relevant person in
relation to a licence meets one or more licence
disqualification criteria or renewal disqualification
criteria, VCAT must make an order cancelling the
licence.
20
(4) If a licensee fails to pay a penalty imposed under
an order referred to in subsection (1)(a)(iii) within
the specified time, VCAT, without giving the
licensee an opportunity to be heard, may cancel
the licence.
(5) If VCAT cancels a licence under this section—
(a) the cancellation takes effect on the date
specified by VCAT in the order; and
25
(b) VCAT must give a written notice to the
Secretary to the Department of Health and
Human Services stating—
(i) the date that the order to cancel the
licence takes effect; and
30
(ii) the details of any order made by VCAT
under section 33(1)(b) in relation to the
licensee.
35
(6) In this section, a reference to a licensee includes a
reference to a former licensee.
581082B.I-9/12/2015
44
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 4—Disciplinary hearings, licence cancellations and protective orders
34 Protective orders
5
(1) The Director may make an application to VCAT
for VCAT to make an order under this section if
the Authority refuses to renew a licensee's licence
under section 16.
(2) VCAT must hear an application made under
subsection (1) as soon as practicable after the
period specified in section 42(3) during which the
licensee may apply to VCAT.
10
(3) If VCAT considers it appropriate, VCAT may
make one or more of the following protective
orders—
(a) an order requiring the licensee to comply
with a requirement specified by VCAT
within, or for, a specified time;
15
(b) an order requiring the licensee to enter into
an undertaking to perform, or not to perform,
certain tasks specified in the undertaking;
(c) any other order for the purpose of protecting
the residents of a rooming house operated by
the licensee, including an order that requires
the licensee, within the period specified by
VCAT—
20
(i) to notify each resident of a rooming
house operated by the licensee that—
25
(A) the rooming house is to be closed
at a specified date; or
30
(B) the rooming house is to be
operated by a different person
from a specified date; or
35
(ii) to give each resident of a rooming
house operated by the licensee a notice
to vacate the room occupied by the
resident by the date specified in the
notice, being not more than 120 days
581082B.I-9/12/2015
45
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 4—Disciplinary hearings, licence cancellations and protective orders
after the end of the period within which
the notice is to be given; or
(iii) to refund to a resident of a rooming
house any payment of rent made in
advance by that resident.
5
(4) A reference to a licensee in subsection (3)
includes a reference to a former licensee.
35 Evidence that VCAT may take into account
10
VCAT may consider the following kinds of
evidence during the conduct of a hearing under
section 31 or in respect of an application under
section 34—
15
(a) complaints received by the Director in
relation to a relevant person, or an associate
of a relevant person;
20
(b) information provided by the Chief
Commissioner of Police to the Director in
relation to a relevant person, an associate of
a relevant person or the operation of a
rooming house;
(c) findings of fact made by any court or VCAT
relating to a relevant person or an associate
of a relevant person;
(d) orders of VCAT relating to tenancy or
residency disputes between residents of
rooming houses and rooming house
operators;
25
(e) findings, comments or recommendations
made by a coroner under the Coroners
Act 2008;
30
(f) evidence provided by a housing, tenancy or
legal advocacy organisation;
581082B.I-9/12/2015
46
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 4—Disciplinary hearings, licence cancellations and protective orders
(g) information concerning the factual
circumstances which resulted in an
infringement notice being issued or served
in relation to provisions referred to in
section 18(1).
5
Note
Nothing in paragraph (g) is taken to limit the
operation of section 33 of the Infringements
Act 2006.
10
15
36 Endorsement of licence
(1) If VCAT imposes a condition on a licence under
section 33(1)(a)(iv), the licensee must produce the
licence to the Authority for endorsement of the
condition within 14 days after the condition is
imposed.
(2) The Authority may endorse a condition on a
licence produced to the Authority under
subsection (1).
37 Return of licence
20
25
If VCAT cancels a licence under section 33, the
person to whom the licence was issued must
return the licence to the Authority within the
period specified by VCAT in the order, or within
the period of 14 days after the cancellation,
whichever is shorter.
Penalty: In the case of a natural person,
60 penalty units.
In the case of a body corporate,
300 penalty units.
581082B.I-9/12/2015
47
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 4—Disciplinary hearings, licence cancellations and protective orders
38 Tenancy agreements and residency rights—
cancellation of licence or failure to renew licence
5
(1) A tenancy agreement within the meaning of
section 3(1) of the Residential Tenancies
Act 1997 does not terminate merely because—
(a) the Authority refuses to grant a licence or to
renew a licence under section 16; or
(b) a licence expires; or
(c) VCAT cancels a licence under this Part.
10
Note
See Subdivision 1 of Division 1 of Part 6 of the Residential
Tenancies Act 1997.
15
(2) A residency right within the meaning of
section 3(1) of the Residential Tenancies
Act 1997 does not end merely because—
(a) the Authority refuses to grant a licence or to
renew a licence under section 16; or
(b) a licence expires; or
(c) VCAT cancels a licence under this Part.
20
Note
See Subdivision 1 of Division 2 of Part 6 of the Residential
Tenancies Act 1997.
581082B.I-9/12/2015
48
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 5—Other licensing matters
Part 5—Other licensing matters
39 Displaying licence at rooming house
5
(1) A licensee must ensure that a copy of the licence
is displayed in a conspicuous place inside the
front entrance of each rooming house that is
operated by the licensee.
Penalty: 60 penalty units.
10
(2) If a licence is endorsed with a condition imposed
by VCAT, the licensee must ensure that a copy of
the licence as endorsed is displayed in accordance
with subsection (1).
Penalty: 60 penalty units.
40 Change in details of application for licence or
renewal of licence
15
20
If a material change occurs in any of the details
provided in, or in relation to, an application for a
licence or a renewal of a licence, the licensee must
give to the Authority, in the manner and form
approved by the Authority, notice of the change
within 14 days after the licensee becomes aware
of the change.
Penalty: In the case of a natural person,
60 penalty units.
In the case of a body corporate,
300 penalty units.
25
41 Death, disability, etc. of licensee
30
(1) The following persons may operate one or more
rooming houses (which were operated by a person
who was a licensee) for a period of 150 days
immediately after the person ceases to be a
licensee—
581082B.I-9/12/2015
49
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 5—Other licensing matters
(a) if the person who was the licensee dies, the
executor named in the deceased person's will
or the administrator of the person's estate or
any person who intends applying for letters
of administration in relation to the deceased
person's estate;
5
(b) if the person who was the licensee becomes
an insolvent under administration, the
assignee, trustee or receiver of the person;
10
15
(c) if the person who was the licensee becomes
a represented person within the meaning of
the Guardianship and Administration
Act 1986, the guardian or administrator of
the person or any person nominated by the
guardian or administrator;
20
(d) if the person who was the licensee becomes
an externally administered body corporate,
the liquidator, official manager, receiver,
receiver and manager or other external
administrator.
25
30
(2) A person who is authorised to operate a rooming
house under subsection (1) may apply to the
Authority within the 150 day period for
permission to operate a rooming house for a
longer period and, during this longer period,
may apply to the Authority for permission to
operate a rooming house for a further period.
(3) If a person makes an application under
subsection (2), the person may continue to operate
a rooming house until the Authority determines
the application.
(4) The Authority may grant an application under
subsection (2) if it is satisfied that it is not
contrary to the public interest to do so.
581082B.I-9/12/2015
50
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 5—Other licensing matters
(5) The Authority, at any time—
(a) may withdraw any permission it has granted
under subsection (4); or
(b) may limit the permission to operate the
rooming house in any way it thinks
appropriate; or
5
(c) may impose, revoke or vary any condition on
the permission it thinks appropriate to ensure
the ongoing protection of the public interest.
10
(6) A person who has been granted a permission
under subsection (4) must comply with any
limitation or condition that applies to the
permission.
Penalty: 60 penalty units.
15
20
25
30
35
(7) Subject to subsection (5), a person who operates a
rooming house under this section is taken, for the
purposes of this Act, to be a licensed rooming
house operator on the same terms and conditions
as applied to the former licensee.
42 Application for review
(1) A person whose application for a licence or for
renewal of a licence is refused may apply to
VCAT for review of a determination under
section 16 to refuse the application on the ground
that the determination is based on an error of fact
in relation to whether a relevant person meets any
of the licence disqualification criteria or renewal
disqualification criteria, as the case may be.
(2) A licensee may apply to VCAT for review of a
determination by the Authority under section 26
that a manager of a rooming house operated by
the licensee, or that an officer of a body corporate
that is the licensee, meets any of the licence
disqualification criteria on the ground that the
determination is based on an error of fact.
581082B.I-9/12/2015
51
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 5—Other licensing matters
(3) An application for review may only be made
within 28 days after the later of—
(a) the date on which the determination is made
under section 16 or 26; or
5
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
determination made under section 16 or 26,
the day on which the statement of reasons is
given to the person or the person is informed
under section 46(5) of that Act that a
statement of reasons will not be given.
10
43 Register of Licensed Rooming House Operators
15
(1) The Licensing Registrar must establish and keep a
register to be called the Register of Licensed
Rooming House Operators.
(2) The purposes of the Register are—
(a) to record information about licensees and
other persons regulated by this Act; and
20
(b) to record information about applications for
licences and for renewal of licences,
including applications that were refused; and
(c) to record information about licences that
were cancelled by VCAT and any conditions
imposed on licences; and
25
(d) to record decisions and determinations made,
and permissions granted, by the Authority
under this Act; and
(e) subject to section 17A of the Business
Licensing Authority Act 1998, to make the
information collected for the purposes of the
Register available to the public; and
30
581082B.I-9/12/2015
52
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 5—Other licensing matters
(f) to enable the Director and the Authority to
provide information to licensees and other
persons affected by this Act.
5
(3) The Licensing Registrar must record in the
Register the following information in respect of
each licensee—
(a) the licensee's full name and licence number;
(b) the residential address of the licensee, in the
case of a natural person;
10
(c) the address of the registered office of the
licensee, in the case of a body corporate;
(d) the licensee's ABN or ACN, if applicable;
(e) the date on which the licence was granted or
renewal of the licence was granted and the
expiry date of the licence;
15
(f) if applicable, the date on which the licence
was cancelled;
(g) details of any condition to which the licence
is subject;
20
(h) details of any court order or VCAT order
affecting the licence of which the Authority
has notice;
(i) if the licensee is a body corporate, the name
of each officer of the body corporate;
25
(j) if the licensee has one or more rooming
houses in relation to which a manager is
employed or engaged or proposed to be
employed or engaged, the name of each
manager;
30
(k) any other prescribed matter.
(4) A person may search and take a copy of an extract
from, or a copy of, the Register on payment of the
prescribed fee (if any).
581082B.I-9/12/2015
53
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 5—Other licensing matters
(5) A person may obtain a certified extract from, or a
certified copy of, the Register on the payment of
the prescribed fee (if any).
5
(6) Subject to section 17A of the Business Licensing
Authority Act 1998, the Licensing Registrar may
keep and publish the Register in any form that the
Licensing Registrar thinks fit.
44 Publication of information
10
(1) The Licensing Registrar must publish on the
Internet the following information in respect of
each licensee—
(a) the name of the licensee;
(b) the ABN or ACN of the licensee, if
applicable;
15
(c) the date on which the licence was granted;
(d) the expiry date of the licence;
(e) any other prescribed information.
20
(2) The Licensing Registrar must publish on the
Internet the following information in respect of
each licence that is cancelled or that the Authority
refuses to renew—
(a) the name of the former licensee;
(b) the ABN or ACN of the former licensee, if
applicable;
25
(c) the date on which the licence was cancelled
or on which the application for renewal was
refused;
(d) the grounds on which the licence was
cancelled or refused to be renewed.
30
581082B.I-9/12/2015
54
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
Part 6—Enforcement
Division 1—Preliminary
45 Production of identity card
5
An inspector must produce the inspector's identity
card for inspection—
(a) before exercising a power under this Part,
other than a power exercised by way of post;
and
(b) at any time during the exercise of a power
under this Part, if asked to do so.
10
Penalty: 10 penalty units.
Division 2—Inspection of documents and records
46 Documents to be available for inspection
15
20
25
(1) A licensee must, at all reasonable times at each
place at which the licensee conducts the business
of operating a rooming house, keep all documents
relating to the business available for inspection by
an inspector in a form in which they can readily
be inspected.
Penalty: 60 penalty units.
(2) If the licence of a licensee, in the last 3 years, has
expired, has not been renewed or has been
cancelled, the former licensee must make all
documents relating to the former business of
operating a rooming house available for
inspection by an inspector in a form and at a place
where they can readily be inspected.
Penalty: 60 penalty units.
581082B.I-9/12/2015
55
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
47 Licensee or specified persons to produce documents
and answer questions
5
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector may, at a
time and place specified by the inspector, require
a licensee, a specified person or other person with
control over relevant documents and
information—
(a) to answer, orally or in writing, any questions
put by the inspector relating to the licensee's
business of operating a rooming house; or
10
(b) to supply, orally or in writing, information
required by the inspector relating to that
business; or
15
(c) to produce to the inspector specified
documents or documents of a specified class
relating to that business.
(2) In this section—
20
specified person, in relation to a business of
operating a rooming house, means—
(a) a former licensee; or
(b) in the case of a body corporate that is or
was a licensee, an officer of the body
corporate.
25
30
48 Third parties to produce documents and answer
questions relating to business of operating a
rooming house
For the purpose of monitoring compliance with
this Act or the regulations, an inspector may
require any person who has possession, custody
or control of documents relating to a licensee's
business of operating a rooming house—
581082B.I-9/12/2015
56
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
(a) to answer, orally or in writing, any questions
put by the inspector relating to the licensee's
business of operating a rooming house; or
(b) to supply, orally or in writing, information
required by the inspector relating to that
business; or
5
(c) to produce to the inspector specified
documents or documents of a specified class
relating to that business.
10
15
49 Specified public bodies to produce information
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector may
request that, within a time specified by the
inspector, a specified public body do either or
both of the following—
(a) answer, orally or in writing, any questions
put by the inspector relating to a licensee's
business of operating a rooming house;
(b) supply, orally or in writing, information
required by the inspector relating to the
business.
20
(2) An inspector may only make a request under
subsection (1) with the written consent of the
Director.
25
30
(3) A specified public body (other than the Chief
Commissioner of Police) must comply with a
request under subsection (1).
(4) The Chief Commissioner of Police may comply
with a request under subsection (1), but is not
obliged to do so.
(5) The Chief Commissioner of Police must provide a
response in relation to a decision to comply or to
not comply with a request under subsection (1).
581082B.I-9/12/2015
57
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
(6) In this section—
public statutory authority means a body
established by or under an Act for a public
purpose;
5
specified public body means—
(a) a Department Head within the
meaning of the Public Administration
Act 2004; or
(b) a public statutory authority; or
10
(c) a Council; or
(d) the Chief Commissioner of Police.
50 Certain other specified persons or bodies to produce
information
15
(1) For the purpose of monitoring compliance with
this Act or the regulations, the Director or an
inspector may require a specified person or body
within a time specified by the Director or
inspector—
(a) to answer, orally or in writing, any questions
put by the inspector relating to a licensee's
business of operating a rooming house; and
20
(b) to supply, orally or in writing, information
required by the inspector relating to that
business.
25
(2) An inspector may only make a requirement under
subsection (1) with the written consent of the
Director.
(3) A specified person or body must comply with a
request under subsection (1).
581082B.I-9/12/2015
58
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
(4) In this section—
specified person or body means—
(a) a person who is a publisher of a
publication; or
5
(b) a person who is the owner or operator
of a broadcasting service; or
(c) a person who is the owner or operator
of a telecommunications service; or
(d) a person who is the owner or operator
of a postal service.
10
51 ADIs to produce documents and information
15
20
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector, by
written notice served on an ADI, may require the
ADI to produce for inspection or copying by the
inspector any documents or other information
specified in the notice that the inspector
reasonably believes to be relevant to the
monitoring of compliance.
(2) An ADI must, without charge, comply with a
notice under subsection (1) despite any duty of
confidentiality or any law relating to
confidentiality to the contrary.
52 Powers on production of documents
25
If any documents are produced to an inspector
under this Division, the inspector may do any one
or more of the following—
(a) inspect the documents or authorise a person
to inspect the documents;
30
(b) make copies of, or take extracts from, the
documents;
581082B.I-9/12/2015
59
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
(c) seize the documents if the inspector—
(i) considers the documents necessary for
the purpose of obtaining evidence for
use in any proceedings or proposed
proceedings under any Consumer Act;
or
5
(ii) believes on reasonable grounds that it is
necessary to seize the documents in
order to prevent their concealment, loss
or destruction or their use in the
contravention of any Consumer Act;
10
(d) secure any seized documents against
interference;
(e) retain possession of the documents.
15
53 Where must documents be produced?
An inspector may require a person to produce a
document—
(a) at the person's place of business; or
(b) at the office of the Director; or
20
(c) with the consent of the person, at any other
place.
54 Order requiring supply of information and answers
to questions
25
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector, with the
written approval of the Director, may apply to the
Magistrates' Court for an order requiring any
person at a time and place specified by the
inspector—
30
(a) to answer, orally or in writing, any questions
put by the inspector relating to a licensee's
business of operating a rooming house; or
581082B.I-9/12/2015
60
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
(b) to supply, orally or in writing, information
required by the inspector relating to a
licensee's business of operating a rooming
house.
5
(2) If the Magistrates' Court is satisfied on the basis of
evidence presented by the inspector that the order
is necessary for the purpose of monitoring
compliance with this Act or the regulations, the
Court may grant the order sought.
10
(3) An order under this section must state a date, not
later than 28 days after the making of the order, on
which the order ceases to have effect.
15
(4) An inspector who executes an order under this
section must, as soon as practicable after that
execution, notify the Magistrates' Court in writing
of the time and place of execution of the order.
55 Service of documents
20
(1) A written requirement by an inspector under this
Division may be given personally or by registered
post to a person—
(a) at the last known place of business,
employment or residence of the person; or
(b) in the case of a company, at the registered
office of the company.
25
30
(2) A person who provides a document or
information in response to a requirement of an
inspector under this Division may send that
document or information to the Director by
registered post.
Division 3—Entry, search and seizure
56 Entry or search with consent
(1) For the purpose of monitoring compliance with
this Act or the regulations, an inspector, with the
consent of the occupier of the premises, may—
581082B.I-9/12/2015
61
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
(a) enter and search the premises; and
(b) examine and seize any thing found on the
premises which the inspector believes on
reasonable grounds to be connected with a
contravention of this Act or the regulations;
and
5
(c) inspect and make copies of, or take extracts
from, any document found on the premises;
and
10
15
(d) make any still or moving image, audio
recording or audio-visual recording.
(2) An inspector must not enter and search any
premises with the consent of the occupier unless,
before the occupier consents to that entry, the
inspector—
(a) has produced the inspector's identity card for
inspection; and
(b) has informed the occupier of the purpose of
the search and that—
20
(i) the occupier may refuse to give consent
to the entry and search or to the seizure
of any thing found during the search;
and
(ii) the occupier may refuse to consent to
the taking of any copy of, or extract
from, a document found on the
premises during the search; and
25
(iii) any thing seized or taken during the
search with the consent of the occupier
may be used in evidence in
proceedings.
30
35
(3) If an occupier consents to an entry and search, the
inspector who requested consent must, before
entering the premises, ask the occupier to sign an
acknowledgement stating the inspector has
581082B.I-9/12/2015
62
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
complied with the requirements set out in
subsection (2).
5
(4) If an occupier consents to the seizure or taking of
any thing during a search under this section, the
inspector must, before seizing or taking the thing,
ask the occupier to sign an acknowledgement
stating—
(a) that the occupier has consented to the seizure
or taking of the thing; and
10
(b) the date and time that the occupier
consented.
(5) An occupier who signs an acknowledgement must
be given a copy of the signed acknowledgement
before the inspector leaves the premises.
15
20
(6) In this section—
occupier, in relation to a premises that is a room
in a rooming house occupied by one or more
residents of the rooming house, means the
resident of that room or, if there is more than
one resident, all the residents occupying that
room.
57 Entry of premises open to the public
25
An inspector may enter and inspect any part of a
premises that at the time of entry and inspection is
open to the public.
58 Entry without consent or warrant
30
(1) Subject to subsection (2), for the purpose of
monitoring compliance with this Act or the
regulations, an inspector may do all or any of the
following—
(a) enter and search, at any time between the
hours of 9 a.m. and 5 p.m., any premises at
which a licensee is conducting a business of
operating a rooming house;
581082B.I-9/12/2015
63
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
(b) seize or secure against interference any
thing that the inspector believes on
reasonable grounds to be connected with a
contravention of this Act or the regulations
that is found in or on the premises;
5
(c) inspect and make copies of, or take extracts
from, any document kept in or on the
premises.
(2) For the purposes of subsection (1)—
10
15
premises excludes any room of a rooming house
in which a person resides, other than a room
in the rooming house in which the rooming
house operator resides and from which the
rooming house operator operates the
rooming house.
59 Search warrants
20
(1) An inspector may apply to a magistrate for the
issue of a search warrant in relation to particular
premises if the inspector believes on reasonable
grounds that there is on the premises evidence that
a person may have contravened this Act or the
regulations.
(2) An application under subsection (1) must not be
made without the written approval of the Director.
25
30
(3) If a magistrate is satisfied by evidence, on oath or
by affidavit, that there are reasonable grounds to
believe that there is on the premises a thing, or a
thing of a particular kind, connected with a
contravention of this Act or the regulations, the
magistrate may issue the search warrant in
accordance with the Magistrates' Court
Act 1989.
581082B.I-9/12/2015
64
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
60 Form and content of search warrants
5
(1) A search warrant issued under section 59(3) may
authorise the inspector named in the warrant
together with a police officer or any other person
or persons named or otherwise identified in the
warrant and with any necessary equipment to do
any of the following—
(a) to enter the premises specified in the
warrant, by force if necessary; and
10
(b) if the inspector believes on reasonable
grounds that a thing, or thing of a particular
kind, named or described in the warrant is
connected with a contravention of this Act or
the regulations—
15
(i) to search for the thing; and
(ii) to seize the thing; and
(iii) to secure the thing against interference;
and
(iv) to examine and inspect the thing; and
20
(v) to make copies of, or take extracts
from, the thing.
(2) A search warrant issued under section 59(3) must
state—
(a) the purpose for which the search is required;
and
25
(b) any condition to which the warrant is
subject; and
(c) whether entry is authorised to be made at any
time of the day or night or during specified
hours of the day or night; and
30
(d) a day, not later than 28 days after the issue of
the warrant, on which the warrant ceases to
have effect.
581082B.I-9/12/2015
65
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
(3) Except as provided by this Act, the rules to be
observed with respect to search warrants under the
Magistrates' Court Act 1989 extend and apply to
warrants issued under section 59(3).
5
61 Announcement before entry
(1) On executing a search warrant, the inspector
executing the warrant—
(a) must announce that the inspector is
authorised by the warrant to enter the
premises; and
10
(b) must give any person at the premises an
opportunity to allow entry to the premises.
15
(2) An inspector need not comply with subsection (1)
if the inspector believes on reasonable grounds
that immediate entry to the premises is required to
ensure—
(a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
20
(3) If the occupier is present at premises where a
search warrant is being executed, the inspector
must—
(a) produce the inspector's identity card to the
occupier; and
25
(b) give to the occupier a copy of the warrant.
(4) If the occupier is not present at premises where a
search warrant is being executed, the inspector
must—
(a) produce the inspector's identity card to a
person (if any) at the premises; and
30
(b) give to the person a copy of the warrant.
581082B.I-9/12/2015
66
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
62 Seizure of things not described in the warrant
5
A search warrant under section 59 authorises an
inspector executing the search warrant, in addition
to the seizure of any thing of the kind described in
the warrant, to seize any thing which is not of the
kind described in the warrant if—
(a) the inspector believes, on reasonable
grounds, that the thing—
(i) is of a kind which could have been
included in a search warrant issued
under this Division; or
10
(ii) is evidence of a contravention of any
Consumer Act; and
(b) in the case of seizure, the inspector believes,
on reasonable grounds, that it is necessary to
seize that thing in order to prevent its
concealment, loss or destruction or its use in
the contravention of this Act or any other
Consumer Act.
15
20
25
63 Embargo notice
(1) An inspector executing a search warrant who is
authorised by that warrant to seize any thing
may, if the thing cannot, or cannot readily, be
physically seized and removed, issue a notice in
the prescribed form—
(a) by causing a copy of the notice to be served
on the occupier; or
(b) if the occupier cannot be located after all
reasonable steps have been taken to do so, by
attaching a copy of the notice to the thing in
a prominent position.
30
35
(2) Subject to subsection (3), a person who knows
that a notice relates to a thing must not, without
the written consent of the inspector who issued the
notice, sell, lease, transfer, move, dispose of or
581082B.I-9/12/2015
67
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
otherwise deal with the thing or any part of the
thing.
Penalty: 60 penalty units.
5
(3) Subsection (2) does not apply to a person who
moved the thing or the part of the thing for the
purpose of protecting and preserving it.
(4) Despite anything in any other Act, a sale, lease,
transfer or other dealing with a thing in
contravention of this section is void.
10
15
64 Inspector may monitor compliance with embargo
notice
(1) For the purpose of monitoring compliance with an
embargo notice, an inspector, with the written
approval of the Director, may apply to the
Magistrates' Court for—
(a) an order requiring the owner of the thing to
which an embargo notice relates, or the
occupier of the premises where the thing is
kept or required under the notice to be kept,
to answer questions or produce documents at
a time and place specified by the inspector;
and
20
(b) any other order incidental to, or necessary
for, monitoring compliance with the
embargo notice or with section 63(2).
25
(2) The Magistrates' Court may make the order sought
under subsection (1)(a) or (b).
65 Search warrants in relation to embargo notice
30
35
(1) If a thing is subject to an embargo notice, an
inspector, with the written approval of the
Director, may apply to a magistrate for the issue
of a search warrant permitting entry to the
premises where the thing is kept or required to be
kept for the purposes of monitoring compliance
with an embargo notice.
581082B.I-9/12/2015
68
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
5
10
(2) The magistrate may issue the search warrant
in accordance with the Magistrates' Court
Act 1989 if the magistrate is satisfied by evidence,
on oath or by affidavit, of the inspector that the
warrant is necessary for the effective monitoring
of compliance with an embargo notice.
(3) A search warrant issued under subsection (2) may
authorise the inspector, together with any other
person or persons named or otherwise identified in
the warrant and with any necessary equipment—
(a) to enter the premises specified in the
warrant, by force if necessary; and
(b) to search for, seize and secure against
interference the thing named in the warrant.
15
(4) Except as provided by this Act, the rules to be
observed with respect to search warrants under the
Magistrates' Court Act 1989 extend and apply to
search warrants issued under subsection (2).
66 Retention and return of seized documents or things
20
(1) If an inspector retains possession of a document
seized from a person under this Division, the
inspector must, within 21 days after the seizure,
give the person a copy of the document certified
as correct by the inspector.
25
(2) A copy of a document certified under
subsection (1) must be received in all courts
and VCAT to be evidence of equal validity to
the original.
30
(3) If an inspector seizes a document or other thing
under this Division, the inspector must take
reasonable steps to return the document or thing to
the person from whom it was seized if the reason
for its seizure no longer exists.
581082B.I-9/12/2015
69
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
(4) If a document or thing seized by an inspector
under this Division has not been returned within
3 months after it was seized, the inspector must
take reasonable steps to return it unless—
5
(a) proceedings for the purpose for which the
document or thing was retained have
commenced within that 3 month period and
those proceedings (including any appeal)
have not been completed; or
10
(b) the Magistrates' Court makes an order under
section 67 extending the period during which
the document or thing may be retained.
67 Magistrates' Court may extend 3 month period
15
(1) An inspector may apply to the Magistrates' Court
for an extension (not exceeding 3 months) of the
period during which a seized document or thing
may be retained—
(a) within 3 months after the document or thing
is seized under this Division; or
20
25
(b) if an extension has been granted under this
section, before the end of the period of the
extension.
(2) The Magistrates' Court may make an order
extending the period if it is satisfied that the total
period of retention does not exceed 12 months and
retention of the document or other thing is
necessary—
(a) for the purposes of an investigation into
whether a contravention of this Act or the
regulations has occurred; or
30
(b) to enable evidence of a contravention of this
Act or the regulations to be obtained for the
purposes of a proceeding under this Act.
581082B.I-9/12/2015
70
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
(3) The Magistrates' Court may adjourn an
application to enable notice of the application
to be given to any person.
68 Requirement to assist inspector during entry
5
(1) An inspector exercising a power of entry under
this Division may require the occupier of the
premises or an agent or employee of the occupier
to do any one or more of the following—
(a) give information to the inspector, orally or in
writing;
10
(b) produce documents to the inspector;
(c) give reasonable assistance to the inspector.
15
(2) A person must not, without reasonable excuse,
fail to comply with a requirement of an inspector
under this section.
Penalty: 60 penalty units.
Division 4—General enforcement matters
69 Offence to give false or misleading information
20
(1) A person must not give information to an
inspector under this Part that the person believes
to be false or misleading in a material particular.
Penalty: 60 penalty units.
25
(2) A person must not produce a document to an
inspector under this Part that the person knows to
be false or misleading in a material particular
without indicating the respect in which it is false
or misleading and, if practicable, providing
correct information.
Penalty: 60 penalty units.
581082B.I-9/12/2015
71
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
70 Confidentiality
5
(1) An inspector must not give to any other person
any information acquired by the inspector in the
carrying out of the inspector's functions under this
Part unless the giving of information is authorised
under this section.
Penalty: 60 penalty units.
10
(2) An inspector may give information acquired by
the inspector in carrying out a function under this
Part in any of the following circumstances—
(a) if the giving of the information is reasonably
necessary for the inspector to perform the
inspector's functions under this Part;
(b) if the giving of the information is to a court
or VCAT in the course of legal proceedings;
15
(c) if the giving of the information is under an
order of a court or VCAT;
(d) if the giving of the information is to the
extent reasonably required to enable the
investigation or the enforcement of a law of
this State or of any other State or Territory or
of the Commonwealth;
20
(e) if the giving of the information is to the
Authority;
25
(f) if the giving of the information is with the
written authority of the Director;
(g) if the giving of the information is with the
written authority of the person to whom the
information relates.
30
71 Infringements
(1) An inspector may serve an infringement notice on
a person in respect of a prescribed offence if the
inspector has reason to believe that the person
committed the offence.
581082B.I-9/12/2015
72
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 6—Enforcement
(2) An offence prescribed under subsection (1) is an
infringement offence within the meaning of the
Infringements Act 2006.
5
(3) The infringement penalty for an offence referred
to in subsection (1) is the prescribed penalty for
the offence.
72 Protection against self-incrimination
10
(1) It is a reasonable excuse for a natural person to
refuse or fail to give information, or do any other
thing that the person is required to do, under this
Part if the giving of the information or the doing
of the thing would tend to incriminate the person.
15
(2) Despite subsection (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is required to
produce under this Part if the production of the
document would tend to incriminate the person.
73 Complaints
20
25
(1) A person may complain to the Director about the
exercise of a power by an inspector under this
Part.
(2) The Director must investigate any complaint
received under this section and provide a written
report on the results of the investigation to the
complainant.
581082B.I-9/12/2015
73
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 7—General
Part 7—General
74 Application of Australian Consumer Law and Fair
Trading Act 2012
5
10
15
20
(1) Sections 125, 126, 152, 172, 173, 176 and 178 of
the Australian Consumer Law and Fair
Trading Act 2012 apply (with any necessary
modifications) in relation to the exercise or
attempted exercise of a power of an inspector
under Part 6 of this Act as if any reference in
those sections to Part 6.4 of that Act were a
reference to Part 6 of this Act.
(2) Sections 195 and 196 and Part 8.2 (except
section 213) of the Australian Consumer Law
and Fair Trading Act 2012 extend and apply
(with any necessary modifications) to this Act and
any regulations made under this Act as if any
reference in those provisions to the Australian
Consumer Law and Fair Trading Act 2012
were a reference to this Act and any regulations
made under this Act.
(3) For the purposes of subsection (2)—
(a) section 210 of the Australian Consumer
Law and Fair Trading Act 2012 applies
as if a reference in that section to Part 3.1,
Part 4.1 or Part 6.3 of the Australian
Consumer Law and Fair Trading
Act 2012 were a reference to this Act
and any regulations made under this Act;
25
(b) section 212 of the Australian Consumer
Law and Fair Trading Act 2012 applies as
if a reference to prescribed proceedings were
a reference to—
30
(i) a proceeding for an offence against a
provision of this Act or any regulations
made under this Act; or
35
581082B.I-9/12/2015
74
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 7—General
(ii) proceedings on an application for an
injunction under section 201, 202,
203, 205 or 206 of the Australian
Consumer Law and Fair Trading
Act 2012 (as applied by subsection (2))
against a person alleged to have
contravened a provision of this Act or
any regulations made under this Act; or
5
(iii) proceedings on an application for an
order under section 216, or for
damages under section 217, of the
Australian Consumer Law and Fair
Trading Act 2012 (as applied by
subsection (2)).
10
15
20
75 Evidence
In any proceeding for an offence against this Act,
evidence that a person or body corporate is a
registration holder in respect of a rooming house
within the meaning of the Public Health and
Wellbeing Act 2008 is evidence that the person or
the body corporate is a rooming house operator.
76 Who may commence proceedings?
(1) Proceedings for an offence against this Act or the
regulations may only be commenced by—
25
(a) the Director; or
(b) a person authorised by the Director for the
purposes of this section.
30
(2) In any proceeding commenced for an offence
against this Act it must be presumed, in the
absence of evidence to the contrary, that the
person commencing the proceeding was
authorised to do so.
581082B.I-9/12/2015
75
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 7—General
77 Extension of time for prosecutions
5
Despite anything to the contrary in any Act, a
proceeding for an offence against this Act may be
commenced within 3 years after the date on which
the offence is alleged to have been committed.
78 Service of documents
(1) This section applies subject to section 55.
10
(2) For the purposes of this Act and the regulations, a
document may be served on a licensee who is a
natural person by—
(a) giving it to the licensee personally; or
(b) leaving it at the licensee's place of residence
with someone who apparently resides there
and is over 16 years of age; or
15
(c) leaving it at the licensee's principal place of
business with someone who is apparently
employed there and over 16 years of age; or
(d) posting it in a letter addressed to the licensee
at the address last known to the Director as
the licensee's place of residence or principal
place of business.
20
(3) For the purposes of this Act and the regulations, a
document may be served on a licensee that is a
company by—
25
(a) giving it to a director or a secretary of the
company, or to any other person concerned
in the management of the company
personally; or
(b) leaving it at the registered office or principal
place of business of the company with
someone who is apparently employed there
and is over 16 years of age; or
30
581082B.I-9/12/2015
76
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 7—General
(c) posting it in a letter addressed to the
company at the address last known to the
Director as the company's registered office
or principal place of business.
5
79 Money required to be paid into the Victorian
Property Fund
The following money must be paid into the
Victorian Property Fund established under
section 72 of the Estate Agents Act 1980—
10
(a) any fee payable to the Authority under this
Act;
(b) any penalty or infringement penalty payable
under this Act;
(c) all other money required to be paid into the
Fund under this Act.
15
80 Regulations
20
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
Act.
(2) The regulations—
(a) may be of general or limited application; and
(b) may differ according to differences in time,
place or circumstances.
25
(3) Regulations with respect to fees—
(a) may provide for different fees for different
classes of—
(i) application for a licence; and
30
(ii) application for a renewal of a licence;
and
581082B.I-9/12/2015
77
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 7—General
(iii) determination made by the Authority
following a notification under
section 22; and
(b) may provide for fees that vary according to
the period of time for which a licence is
granted or renewed; and
5
(c) may provide for the means of payment of
fees.
10
15
(4) Without limiting subsection (3), the regulations
may provide for the calculation of fees based on
the number and category of persons that the
Authority is required to consider in relation to
the licence disqualification criteria or renewal
disqualification criteria for the purpose of
determining applications and notifications made
under the Act.
581082B.I-9/12/2015
78
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 8—Transitional provisions and consequential amendments
Part 8—Transitional provisions and
consequential amendments
Division 1—Transitional provisions
81 Definitions
5
In this Division—
application period means the period of 120 days
commencing on the day that sections 7 and 8
come into operation;
10
existing rooming house operator means a
rooming house operator who—
(a) operated a rooming house immediately
before the application period; and
(b) operates a rooming house during the
application period.
15
82 Application of sections 7 and 8 to existing rooming
house operators
(1) Sections 7 and 8 do not apply to an existing
rooming house operator if the existing rooming
house operator—
20
(a) before the start of the application period,
gives each resident of a rooming house
operated by the existing rooming house
operator immediately before the application
period, a notice to vacate the room occupied
by the resident; and
25
(b) does not withdraw that notice to vacate.
(2) Sections 7 and 8 do not apply to an existing
rooming house operator who makes an application
for a licence during the application period—
30
581082B.I-9/12/2015
79
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 8—Transitional provisions and consequential amendments
(a) if that application is refused by the Authority
under section 16 and—
(i) the existing rooming house operator
does not apply to VCAT under
section 42 for a review of the
Authority's determination under
section 16; and
5
(ii) before, or within 7 days after, the
period specified in section 42(3), the
existing rooming house operator gives
each resident a notice to vacate the
room occupied by the resident by a date
that is 120 days after the date on which
the notice is given, until the date that is
120 days after the date on which the
notice is given; and
10
15
(iii) the existing rooming house operator
does not withdraw that notice to vacate;
or
20
(b) if that application is refused by the Authority
under section 16 and—
(i) the existing rooming house operator
applies under section 42 for review of
the Authority's determination under
section 16 and VCAT upholds the
Authority's determination; and
25
(ii) before, or within 7 days after, VCAT's
decision to uphold the Authority's
determination, the existing rooming
house operator gives each resident a
notice to vacate the room occupied by
the resident by a date that is 120 days
after the date on which the notice is
given, until the date that is 120 days
after the date on which the notice is
given; and
30
35
581082B.I-9/12/2015
80
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 8—Transitional provisions and consequential amendments
(iii) the existing rooming house operator
does not withdraw that notice to vacate;
or
(c) if the Authority grants the existing rooming
house operator a licence under section 16,
until the day that the licence is granted.
5
10
(3) Subject to subsection (4), sections 7 and 8 do not
apply to the following persons in relation to an
existing rooming house operator for a period of
150 days starting on the day immediately after the
existing rooming house operator ceases to operate
a rooming house—
(a) if the person who was the existing rooming
house operator dies, the executor named in
the deceased person's will or the
administrator of the person's estate or any
person who intends applying for letters of
administration in relation to the deceased
person's estate;
15
20
(b) if the person who was the existing rooming
house operator becomes an insolvent under
administration, the assignee, trustee or
receiver of the person;
(c) if the person who was the existing rooming
house operator becomes a represented person
within the meaning of the Guardianship
and Administration Act 1986, the guardian
or administrator of the person or any person
nominated by the guardian or administrator;
25
30
(d) if the person who was the existing rooming
house operator becomes an externally
administered body corporate, the liquidator,
official manager, receiver, receiver and
manager or other external administrator.
581082B.I-9/12/2015
81
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 8—Transitional provisions and consequential amendments
(4) A person who is referred to in subsection (3)—
(a) must give, within 30 days after the existing
rooming house operator ceases to operate a
rooming house, each resident of a rooming
house (operated by the existing rooming
house operator immediately before that
cessation) a notice to vacate the room
occupied by the resident by a date that is
120 days after the day on which the notice is
given; and
5
10
(b) must not withdraw that notice to vacate.
15
20
(5) A person who is referred to in subsection (1), (2)
or (3) is not taken to have withdrawn a notice to
vacate given to a resident under subsection (1), (2)
or (4) if, after giving that notice, the person
referred to in subsection (1), (2) or (3) gives
the resident another notice to vacate under
section 243, 244, 245, 246, 248, 249, 250, 251,
253, 278, 279, 280, 281, 282, 283 or 284 of the
Residential Tenancies Act 1997.
83 VCAT orders—existing rooming house operator
refused licence
25
30
(1) The Director may make an application to VCAT
for VCAT to make an order under this section if
the Authority refuses to grant a licence to an
existing rooming house operator under section 16.
(2) VCAT must hear an application made under
subsection (1) as soon as practicable after the
period specified in section 42(3) during which the
existing rooming house operator may apply to
VCAT.
581082B.I-9/12/2015
82
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 8—Transitional provisions and consequential amendments
(3) If VCAT considers it appropriate, VCAT may
make one or more of the following orders—
(a) an order requiring the existing rooming
house operator to comply with a requirement
specified by VCAT within, or for, a specified
time;
5
(b) an order requiring the existing rooming
house operator to enter into an undertaking
to perform, or not to perform, certain tasks
specified in the undertaking;
10
(c) any other order for the purpose of protecting
the residents of a rooming house operated by
the existing rooming house operator,
including an order that requires the existing
rooming house operator, within the period
specified by VCAT—
15
20
(i) to notify each resident of a rooming
house operated by the existing rooming
house operator that the rooming house
is to be closed; or
25
(ii) to notify each resident of a rooming
house operated by the existing rooming
house operator that the rooming house
is to be operated by a different person
from a specified date; or
(iii) to give each resident of a rooming
house operated by the existing rooming
house operator a notice to vacate the
room occupied by the resident by the
date specified in the notice, being not
more than 120 days after the end of the
period within which the notice is to be
given; or
30
(iv) to refund to a resident of a rooming
house any payment of rent made in
advance by that resident.
35
581082B.I-9/12/2015
83
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 8—Transitional provisions and consequential amendments
Division 2—Consequential amendments
84 Australian Consumer Law and Fair Trading
Act 2012
5
In Schedule 1 to the Australian Consumer Law
and Fair Trading Act 2012, after the item
relating to "Retirement Villages Act 1986"
insert—
"Rooming House Operators Act 2015".
85 Business Licensing Authority Act 1998
10
In section 3 of the Business Licensing Authority
Act 1998, in the definition of business licensing
Act, after paragraph (da) insert—
"(db) the Rooming House Operators Act 2015;
or".
15
86 Estate Agents Act 1980
(1) In section 75(1)(ea) of the Estate Agents
Act 1980, for "1986" substitute "1986, the
Rooming House Operators Act 2015".
20
25
(2) In section 75(1)(f) of the Estate Agents Act 1980,
for "2013 or the Owners Corporations
Act 2006" substitute "2013, the Owners
Corporations Act 2006 or the Rooming House
Operators Act 2015".
(3) After section 75(1)(hf) of the Estate Agents
Act 1980 insert—
"(hg) money payable out of the Fund in
accordance with the Rooming House
Operators Act 2015;".
581082B.I-9/12/2015
84
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 8—Transitional provisions and consequential amendments
87 Residential Tenancies Act 1997—new section 228A
After section 228 of the Residential Tenancies
Act 1997 insert—
5
"228A Tenancy agreement—cancellation of
licence or failure to renew licence
A tenancy agreement does not terminate
merely because—
(a) an application for a licence, or for a
renewal of a licence, to operate a
rooming house under the Rooming
House Operators Act 2015 is refused;
or
10
(b) a licence to operate a rooming house
under the Rooming House Operators
Act 2015 expires; or
15
(c) the Tribunal cancels a licence to
operate a rooming house under the
Rooming House Operators Act 2015.
Note
20
See sections 16, 20 and 33(1)(a)(v) of the Rooming House
Operators Act 2015.".
88 Residential Tenancies Act 1997—new section 268A
After section 268 of the Residential Tenancies
Act 1997 insert—
25
"268A Notice to vacate given under Rooming
House Operators Act 2015
A landlord who is a rooming house owner
must give a resident under a tenancy
agreement a notice to vacate the room
occupied by the resident if the Tribunal
has made an order referred to in
section 34(3)(c)(ii) of the Rooming
House Operators Act 2015 in relation
to the rooming house owner.".
30
581082B.I-9/12/2015
85
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Part 8—Transitional provisions and consequential amendments
89 Residential Tenancies Act 1997—new section 272A
After section 272 of the Residential Tenancies
Act 1997 insert—
5
"272A Residency rights—cancellation of licence
or failure to renew licence
A residency right does not end merely
because—
(a) an application for a licence, or for a
renewal of a licence, to operate a
rooming house under the Rooming
House Operators Act 2015 is refused;
or
10
(b) a licence to operate a rooming house
under the Rooming House Operators
Act 2015 expires; or
15
(c) the Tribunal cancels a licence to
operate a rooming house under the
Rooming House Operators Act 2015.
Note
20
See sections 16, 20 and 33(1)(a)(v) of the Rooming House
Operators Act 2015.".
90 Residential Tenancies Act 1997—new section 290A
After section 290 of the Residential Tenancies
Act 1997 insert—
25
"290A Notice to vacate given under Rooming
House Operators Act 2015
A rooming house owner must give a resident
a notice to vacate the room occupied by the
resident if the Tribunal has made an order
referred to in section 34(3)(c)(ii) of the
Rooming House Operators Act 2015 in
relation to the rooming house owner.".
30
═══════════════
581082B.I-9/12/2015
86
BILL LA INTRODUCTION 9/12/2015
Rooming House Operators Bill 2015
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
By Authority. Government Printer for the State of Victoria.
581082B.I-9/12/2015
87
BILL LA INTRODUCTION 9/12/2015