Victorian Consolidated Legislation

Disability Act 2006 - SECT 84

Possession orders

84. Possession orders



(1) VCAT must make a possession order under section 82 or 83 requiring a
resident to vacate the room and community residential unit on the day
specified in the order if VCAT is satisfied that-

   (a)  the disability service provider was entitled to give the notice of
        temporary relocation or the notice to vacate; and

   (b)  the notice of temporary relocation or the notice to vacate has not
        been withdrawn.

(2) The day specified in the order of VCAT under subsection (1) cannot be
earlier than the termination date specified in the notice of temporary
relocation or the notice to vacate.

(3) VCAT may dismiss or adjourn an application for a possession order under
section 83 if-

   (a)  the application is supported with a notice to vacate under section
        76(1)(g); and

   (b)  VCAT considers that satisfactory arrangements have been or can be made
        to avoid financial loss to the disability service provider.

(4) An adjournment may be on any terms VCAT considers appropriate.

(5) On the resumption of an adjourned hearing, VCAT-

   (a)  may make a possession order if the resident has continued to accrue
        arrears of residential charge during the adjournment period; and

   (b)  must dismiss the application if the resident-

   (i)  has paid all the arrears which were the subject of the original
        application; and

   (ii) has accrued no further arrears of residential charge from the time of
        the application to the date of resumption of the adjourned hearing.

(6) A possession order must include-

   (a)  the day (being a day not more than 30 days after the day on which the
        possession order is made) by which the resident must vacate the room
        and community residential unit; and

   (b)  a direction to the resident to vacate the room and community
        residential unit by the day specified in the order; and

   (c)  a direction to the principal registrar to issue a warrant of
        possession in accordance with section 85 on the application of the
        person who obtained the possession order.

(7) A possession order for a room in a community residential unit must also
include a warning that if the resident fails to comply with the direction in
subsection (6)(b), he or she may be forcibly vacated from the room and
community residential unit by a member of the police force or an authorised
person carrying out a warrant of possession.