VICIn ForceAct
Victorian Civil and Administrative Tribunal Act 1998
67ASupport person
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67A Support person
Sch. 1 cl. 67A(1) amended by No. 53/2016 s. 126(1), substituted by No. 45/2018 s. 378(2).
(1) The following parties to a proceeding under the **Residential Tenancies Act 1997** may be accompanied at a hearing by a person (***support person***) for the purposes of that person providing support to the party—
(a) a party who is a protected person;
(b) a party who is a respondent under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order.
(2) The support person may be—
(a) a legal practitioner; or
(b) a social worker; or
(c) a friend or family member of the party; or
(d) any other person chosen by the party.
Sch. 1 cl. 67A(3) inserted by No. 53/2016 s. 126(2), substituted by No. 45/2018 s. 378(3).
(3) In this clause—
***personal safety intervention order*** has the same meaning as in the **Personal Safety Intervention Orders Act 2010**;
***protected person*** has the same meaning as in the **Residential Tenancies Act 1997**;
Sch. 1 cl. 68 substituted by No. 45/2018 s. 378(4).
68 Notification of commencement in circumstances of family violence
(1) The principal registrar must undertake service of a copy of an application on an applicant's behalf under section 72 if—
(a) the applicant is a protected person; and
(b) the applicant has made an application under section 91V, 142S, 206AG or 207M of the **Residential Tenancies Act 1997**; and
(c) the applicant is required under section 72(1) to serve a copy of the application on a person who is a respondent under a family violence safety notice, family violence intervention order, recognised non-local DVO or personal safety intervention order under which the applicant is a protected person; and
(d) the applicant requests the principal registrar to undertake service on the respondent on behalf of the protected person; and
(e) the applicant gives the principal registrar the last known residential or business address of the respondent.
(2) In this clause—
***personal safety intervention order*** has the same meaning as in the **Personal Safety Intervention Orders Act 2010**;
***protected person*** has the same meaning as in the **Residential Tenancies Act 1997**;
69 Withdrawal of application
(1) Despite section 74(1), an applicant is not required to obtain the leave of the Tribunal to withdraw an application under the **Residential Tenancies Act 1997**.
Sch. 1 cl. 70 repealed by No. 62/2014 s. 42.
71 Resolution of objection to certain members constituting the Tribunal
(1) If a party to a proceeding under the **Residential Tenancies Act 1997** objects to the member who presided over a compulsory conference in the proceeding, or to a mediator in the proceeding, constituting the Tribunal for the purpose of hearing the proceeding (whether with or without others), the Tribunal must determine whether or not the member may continue to constitute the Tribunal for that purpose.
(2) For the purpose of making a determination under subclause (1), the Tribunal may be constituted (whether with or without others) by the member against whom the objection was made.
(3) Section 86(3) does not apply to a proceeding under the **Residential Tenancies Act 1997**.
72 Referral to Director
(1) The principal registrar must refer an application under the **Residential Tenancies Act 1997** to the Director for investigation and report if it is of a kind that the Director has directed the principal registrar to refer.
(2) At any time before the hearing of an application under the **Residential Tenancies Act 1997** the principal registrar or the Tribunal, at the request of a party, may refer the application to the Director for investigation and report.
(3) Subclause (2) does not apply to an application for a possession order.
(4) The Director must investigate and report to the Tribunal on any application referred to him or her under this clause.
(5) The Tribunal must not determine an application referred to the Director unless the Tribunal has received and considered the Director's report.
Sch. 1 cl. 72A inserted by No. 45/2018 s. 378(5).