Victorian Consolidated Legislation

Disability Act 2006 - SECT 82

Application to VCAT for review of notice to vacate

82. Application to VCAT for review of notice to vacate



(1) A resident may apply to VCAT for a review of the issue of a notice to
vacate on the ground that the notice to vacate is not valid because-

   (a)  of a defect on the face of the notice to vacate; or

   (b)  the notice to vacate was not issued in accordance with this Act; or

   (c)  the ground on which the notice was issued is not established.

(2) An application to VCAT under subsection (1) must be made within 28 days of
the day on which the notice to vacate was received.

(3) On an application under this section, VCAT may only determine whether or
not the notice to vacate is valid.

(4) VCAT may-

   (a)  if it determines that the notice to vacate is valid, confirm the
        notice to vacate; or

   (b)  if it determines that the notice to vacate is not valid, declare that
        the notice to vacate is invalid; or

   (c)  dismiss the application.

(5) If subsection (4)(a) applies, VCAT may make a possession order in
accordance with section 84.