34Protective orders

34 Protective orders

(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.

(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;

(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—

(i) to notify each resident of a rooming house operated by the licensee that—

(A) the rooming house is to be closed at a specified date; or

(B) the rooming house is to be operated by a different person from a specified date; or

S. 34(3)(c)(ii) amended by No. 45/2018 s. 377(8).

(ii) to give each resident of a rooming house operated by the licensee a notice to vacate under section 91ZZL or section 142ZQ of the Residential Tenancies Act 1997 (as the case requires) 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

(iii) to refund to a resident of a rooming house any payment of rent made in advance by that resident.

(4) A reference to a licensee in subsection (3) includes a reference to a former licensee.

Note to s. 34 amended by No. 45/2018 s. 377(9).

A notice to vacate under section 91ZZL of the Residential Tenancies Act 1997 terminates any fixed term tenancy agreement under that Act between the rooming house owner and the resident of the rooming house: see section 91E(2) of that Act.