Residential Tenancies Act 1997

This section applies if—

a lessor has applied for a termination and possession order under this part; and

the ACAT is satisfied that—

1 or more of the following happened:

the tenant applied to the ACAT for an order in relation to the lessor;

the tenant complained to a government entity in relation to the lessor;

the tenant took reasonable action to secure or enforce the tenant’s rights;

Example the tenant sought legal advice or mediation

the ACAT made an order in favour of the tenant against the lessor;

the tenant published information, or disclosed information that was published, about the premises, the residential tenancy agreement, or the lessor; and

for the event mentioned in subparagraph (i) (E)—the tenant did not, knowingly or recklessly, publish or disclose information that was false or misleading; and

the lessor was motivated to apply for the termination and possession order because of an event mentioned in subparagraph (i).

The ACAT must not make the termination and possession order.

In this section:

information includes an allegation, complaint or opinion.

publish includes communicate.

Division 4.5 Defective termination notices