Petition updateDefine “mould-free” in Victorian rental law - protect children like Malakai

Official response from the Minister - what a waste of paper!

Danielle O’ReillyMelbourne, Australia
Nov 9, 2026

It feels a bit fancy receiving a letter from the Minister addressed to me, but that’s where the excitement started and stopped.

We finally received an official response from the Victorian Government about Malakai’s petition. Unfortunately it was basically political jargon repeating rental laws and reforms we already know about without actually addressing what we’re asking for.

Here’s what the letter told us:

* Rental homes must be free from mould and damp related to the building structure - Clearly we know this already 🙄 hence our petition
* Since November 2025 properties must meet minimum standards before being advertised or offered for rent - Already law that isn’t working 🤦🏼‍♀️
* Since October 2026 landlords and agents must keep records demonstrating compliance - More paperwork with no substance 😤
* Failing to produce those records can attract fines of up to $152,632 for companies - again with no substance 😤😤
* Consumer Affairs Victoria has a specialist Renting Taskforce - a whole heap of money and time spent on something that doesn’t fix anything 🤬

There was not ONE explanation of how a property is actually assessed, remediated or verified as mould-free.

We already know homes are supposed to be mould-free!

The Government reiterated that Victorian rental properties must meet the legal requirement for:

“All rooms to be free from mould and damp caused by or related to the building structure.”

But that’s the entire point of this petition. What does mould-free actually mean and who determines whether a property meets that standard?

Victoria’s “rental minimum standards” include:

* Heating: Fixed heating systems with prescribed energy efficiency requirements.
* Ventilation: Requirements linked to the Building Code of Australia.
* Electrical and gas safety: Mandatory safety checks by qualified professionals.
* Smoke alarms: Specific installation and testing obligations.
* Locks and windows: Defined security requirements.
* Bathrooms and kitchens: Requirements for working facilities and water supply.
* Window coverings: Specific requirements for privacy and cord safety.

How can Victoria have measurable requirements and professional safety checks across its “rental minimum standards” yet provide no equivalent prescribed process for professionally assessing mould contamination, determining whether remediation is adequate and independently verifying the result?

Mould can exist beneath floors, behind walls and inside heating systems even when a property appears perfectly clean.

Bigger fines and more paperwork. But what are we actually proving?

The Government highlighted new laws 🙄 that took effect in October requiring landlords and agents to keep records demonstrating compliance with rental minimum standards.

But what constitutes proof that a property is mould-free? A property manager’s checklist? A photograph? A tradesperson’s opinion? Or an independent professional assessment supported by appropriate sampling?

What’s the point of increasing penalties (and spending tax payers money on a taskforce) if we haven’t properly defined what compliance looks like?

My sister recently attended three rental inspections where she cited and questioned mould in the properties. When she asked about it she was told it would simply be painted over - and one place told her maybe not to apply 🤯

That response demonstrates exactly why clearer standards matter.

We paid thousands to prove what was happening in our own home

We raised concerns about something in the air from the first weeks of our tenancy. Despite repeated complaints and VCAT repair orders it took almost two years and thousands of dollars of our own money to obtain the independent environmental assessment that identified serious concealed fungal contamination.

The source; we discovered disconnected wastewater plumbing beneath our home. By the time the contamination was identified the damage was so bad, we moved out that day. 

So what did the Government actually answer?

The letter concluded that our experience would help inform future rental reforms but will it???

It didn’t meaningfully address our requests for professional assessment standards, appropriate sampling, independent remediation verification, stronger disclosure obligations or independent inspection rights.

I understand that introducing these requirements would involve significant cost, changes and advice. I’m not suggesting every rental property needs expensive laboratory testing. But surely we can establish a proper process for investigating suspected contamination and confirming that serious problems have been resolved.

Malakai is now 4.5 years old and remains seriously unwell. Leaving that house didn’t end what our family has been through and I don’t want another family spending years and thousands of dollars trying to prove their home is unsafe.

We don’t need another letter explaining that rental homes must be mould-free. We need the Government to define what that means, who is qualified to assess it and how compliance is independently verified.

Please keep signing and sharing Malakai’s petition. This is exactly why we’re continuing to push for change.