The Law Handbook 2024

Chapter 6.1: Tenancy 537 (s 498ZZC). In relation to the following Notices to Vacate (s 498ZX(b)–(f)), the SDA provider must take reasonable steps to notify the relevant supported independent living provider as soon as possible (s 498ZX(9)): • Notice to Vacate for danger • Notice to Vacate for serious disruption • Notice to Vacate due to the resident being a danger to themselves and can no longer be appropriately supported • Notice to Vacate because the resident can no longer be appropriately supported • Notice to Vacate as the resident has caused serious damage to the SDA dwelling. A temporary relocation notice must be served at least 24 hours before a Notice to Vacate is served (s 498ZX(3)). A Notice to Vacate cannot be given unless the conduct constituting a breach is likely to recur (s 498ZX(4)). All Notices to Vacate must specify a termination date that is at least 90 days from the date the notice is given (s 498ZX(6)). Under section 498ZX(1)(a) of the RT Act, a Notice to Vacate can be issued for rent arrears; the rent must be at least 14 days overdue. Repayment plans are regulated in a similar manner to non-SDA tenancies (s 498ZZI). A SDA provider must notify the CEO of NDIA and the Public Advocate of a Notice to Vacate at least 24 hours before the notice is given to a SDA resident. SDA residents or representatives who have been given a Notice to Vacate or a Temporary Relocation Notice should seek legal advice immediately. Rental laws and human rights Charter of Human Rights and Responsibilities Act Under the Human Rights Charter, arguments can be raised about a renter’s or resident’s human rights. Relevant human rights The Human Rights Charter sets out the human rights that the Victorian Parliament specifically seeks to protect and to promote. The rights in the Human Rights Charter that are relevant to renters and residents include: • the right to recognition and equality before the law (s 8); • the right of a person to not have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with (s 13); • the protection of families as the fundamental group unit of society (s 17(1)); • the right of every child, without discrimination, to such protection as is in their best interests and is needed by them by reason of being a child (s 17(2)); and • the right to a fair hearing (s 24). Human rights advocacy Human rights arguments may be raised in a variety of forums and before various people, including: • VCAT; • the Supreme Court of Victoria; • the Victorian Ombudsman; • the original decision-maker (public housing); • by way of internal review (public housing); and • by way of independent appeals (public housing). The Human Rights Charter can be used to assist renters or residents with housing issues, pursuant to: • the requirement for interpretations of statutory provisions to be compatible with human rights (s 32); and • the direct obligation on public authorities to consider and act compatibly with human rights (s 38). Public authorities Public authorities – including the Director of Housing and arguably the providers of community housing – are required to consider and act compatibly with the human rights set out in the Human Rights Charter. Note that in the case of Director of Housing v Sudi [2011] VSCA 266, the Court of Appeal held that VCAT had no jurisdiction in eviction proceedings to consider a public authority rental provider’s compliance with the Human Rights Charter. Only the Supreme Court has jurisdiction to determine compliance with the Human Rights Charter, by way of proceedings for judicial review.