Licence disqualification criteria
The Rooming House Operators Act 2016 sets out ‘licence disqualification criteria’ in section 17. You will not be a ‘fit and proper person’ and therefore not eligible to be licensed if any of these criteria are met by:
- any of your officers (if you are a body corporate licence applicant), for example the director or secretary of a company, a member of the committee of management of the incorporated association or the secretary, a member of the board of directors of a co-operative; or
- any manager you engage to operate a rooming house on your behalf.
Fit and proper person
Generally, you will not be a ‘fit and proper person’, and the Business Licensing Authority (BLA) will refuse your licence application if you, or any of your officers or managers:
- have, within the last 10 years, been convicted or found guilty by a court of certain serious criminal offences that could have attracted three or more months’ jail, including sexual offences and offences involving violence or dishonesty
- are bankrupt, insolvent or lack legal capacity, or
- have, within the last five years, been convicted or found guilty by a court of certain other offences, or have been declared by a court to have contravened certain other legal obligations, particularly in relation to rooming houses.
You will not be disqualified from obtaining or keeping a licence just because you have been issued with a breach or infringement notice, or a rectification order, by a local council or other regulator such as Consumer Affairs Victoria or the Victorian Building Authority.
A pending charge does not affect your application. However, once the pending charge is determined, you must notify the BLA within 14 days if you, your rooming house manager or any other ‘relevant person’ now meets any disqualification criteria. For a definition of 'relevant person', see our Definitions page.
If you are uncertain about your eligibility, we recommend you seek independent legal advice to determine whether or not you meet the ‘licence disqualification criteria’ in section 17 of the Rooming House Operators Act 2016.
Note: If, before the start of the licensing scheme, you consented to court orders declaring that you have contravened particular legal obligations referred to in section 17, you may still be eligible for a licence.
Time limit on disqualification
If you are ineligible for a licence at the start of the scheme (because you meet the ‘licence disqualification criteria’ in section 17, and are therefore not a ‘fit and proper person’) you may nonetheless be able to obtain a licence in the future.
The ‘licence disqualification criteria’ apply only to convictions or findings of guilt for specific types of offences which occurred in the 10 years preceding a licence application, and convictions, findings of guilt or court declarations in respect of certain other offences and contraventions that occurred within five years preceding an application.
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