33Disciplinary powers of VCAT—orders

33 Disciplinary powers of VCAT—orders

(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;

(ii) require the licensee to enter into an undertaking to perform, or not to perform, certain tasks specified in the undertaking;

(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;

(v) cancel the licence held by the licensee;

S. 33(1)(b) substituted by No. 48/2018 s. 70.

(b) an order under this section to do anything described in an order referred to in section 34(3).

(2) Subject to subsection (3), in determining whether to make an order under subsection (1), VCAT must regard the paramount consideration as being—

(a) the need to reduce exploitative and undesirable practices within the rooming house sector; and

(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.

(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.

(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

(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

(ii) the details of any order made by VCAT under section 33(1)(b) in relation to the licensee.

(6) In this section, a reference to a licensee includes a reference to a former licensee.