VIC court ruling sets legal precedent

Frankston Magistrate Court’s landmark decision for Airlie Grove Rooming House to hire two full-time managers will set a precedent for other Victorian councils.
The registered proprietors will be required to employ two full-time managers to operate each rooming house located at 36 and 44 Airlie Grove Seaford.
The court found the council’s evidence was sufficient that nuisance conditions were likely to occur if no manager was provided.
In the case of Council vs. Marie Valper-Burke and Paul Vadala, the court’s decision upholds and Improvement Order under the Public Health and Well Being Act 2008.
Frankston City Council Mayor Kris Bolam said the decision is a positive outcome for the city and “this benchmark case” sets an important guide to Councils in prosecuting similar matters in the future.
“While rooming houses are no doubt a legitimate part of the overall accommodation picture, operators who flout laws and regulations and directly
impact on the lives of those who live nearby can not be allowed to go unchecked,” Mr Bolam said.
Councillor Glenn Aitken said he stood by the residents on this issue for seven years and the outcome has “finally delivered justice” to those who live in “appalling conditions” in rooming houses.
The ruling will help other councils with similar rooming house problems throughout Victoria, according to Mr Aitken.

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