32Grounds for taking disciplinary action under section 33

32 Grounds for taking disciplinary action under section 33

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

(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

(iii) has contravened this Act or the regulations (whether or not the relevant person has been convicted or found 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

(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

(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

(b) the licensee—

(i) has failed to comply with an order of VCAT made under section 33; or

(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—

(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, 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

(iii) has engaged in other conduct that demonstrates that the licensee is not a suitable person to hold a licence.