85BApplications under s 85A—ACAT orders

85B Applications under s 85A—ACAT orders (1) This section applies if the ACAT receives an application under section 85A from a protected person under a protection order. (2) The ACAT may make the order applied for if satisfied that— (a) it is reasonable to make the order, taking into consideration the length of the protection order and the length of time remaining on the term of the existing residential tenancy agreement; and (b) it is reasonable to make the order, taking into consideration the interests of the protected person, the respondent and any other tenants, under the existing residential tenancy agreement and, in particular, whether the other tenants support the protected person’s application; and (c) for an order mentioned in section 85A (2) (b)— (i) the protected person, or the dependent children of the protected person or of any other person mentioned in the application, would be likely to suffer significant hardship if the protected person were compelled to leave the would suffer if the order were made; and (iii) the protected person and any other person mentioned in the application could reasonably be expected to comply with the terms of a residential tenancy agreement; and (iv) if another person is mentioned in the application—the lessor has been given an opportunity to consider the person’s suitability as a tenant. (3) If the ACAT makes an order mentioned in section 85A (2) (b), the new residential tenancy agreement must— (a) be subject to the same rent and frequency of rent payments as the existing residential tenancy agreement; and (b) if the existing residential tenancy agreement is a fixed term agreement—run for a term not longer than the remainder of the fixed term; and (c) otherwise be on the same terms as the existing residential tenancy agreement, subject to any changes the ACAT decides. (4) If the ACAT makes an order mentioned in section 85A (2) (b), the existing residential tenancy agreement is terminated when the new residential tenancy agreement is signed by the parties to the (5) The ACAT may determine the liabilities of the respondent, the protected person or any other tenants under the existing residential tenancy agreement in relation to the bond paid under the agreement. (6) The ACAT may suspend the operation of an order for a stated period of up to 3 weeks if satisfied that— (a) the protected person would suffer significant hardship if the order were not suspended for the stated period; and Enforcement of ACAT orders Division 6.6 Division 6.6 Enforcement of ACAT orders