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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Residential Tenancies Amendment
(Domestic Violence) Bill 1999
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Residential Tenancies Act 1987 No 26 2
Schedule 1 Amendments 3
b98-952d-p03.801
New South Wales
Residential Tenancies Amendment
(Domestic Violence) Bill 1999
No , 1999
A Bill for
An Act to amend the Residential Tenancies Act 1987 in relation to domestic
violence committed in residential premises; and for other purposes.
See also Residential Tenancies Amendment (Olympic Games) Bill 1999.
Clause 1 Residential Tenancies Amendment (Domestic Violence) Bill 1999
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Residential Tenancies Amendment (Domestic 3
Violence) Act 1999. 4
2 Commencement 5
This Act commences on the date of assent. 6
3 Amendment of Residential Tenancies Act 1987 No 26 7
The Residential Tenancies Act 1987 is amended as set out in 8
Schedule 1. 9
Page 2
Residential Tenancies Amendment (Domestic Violence) Bill 1999
Amendments Schedule 1
Schedule 1 Amendments 1
2
(Section 3) 3
4
[1] Section 3 Definitions 5
6
Insert in alphabetical order in section 3 (1): 7
apprehended violence order means an order made pursuant 8
to Part 15A of the Crimes Act 1900. 9
domestic violence includes any behaviour or conduct for 10
which an apprehended violence order may be made pursuant 11
to Part 15A of the Crimes Act 1900. 12
person in a domestic relationship with the tenant includes: 13
(a) the spouse or former spouse of the tenant, or 14
(b) the de facto partner (as defined in the De Facto 15
Relationships Act 1984) or former de facto partner of 16
the tenant, or 17
(c) a person who is living with or has ordinarily lived in 18
the same household in an intimate relationship with 19
the tenant. 20
21
[2] Section 23A 22
23
Insert after section 23: 24
23A Use of premises by tenant--domestic violence 25
It is a term of every residential tenancy agreement that the 26
tenant must not commit an act of domestic violence in the 27
residential premises. 28
29
Page 3
Residential Tenancies Amendment (Domestic Violence) Bill 1999
Schedule 1 Amendments
[3] Section 33A 1
2
Insert after section 33: 3
33A Assignment of co-tenancy 4
The Tribunal may, on application by a co-tenant under a 5
residential tenancy agreement, make an order assigning a 6
co-tenancy from one co-tenant to another where it is 7
satisfied that an act of domestic violence has been, or is 8
likely to be, committed by one co-tenant against the other, 9
or another, co-tenant. 10
11
[4] Section 35AA 12
13
Insert after section 35: 14
35AA Recognition of certain persons as tenants--domestic violence 15
(1) A person may apply to the Tribunal for an order to be 16
recognised as the tenant under a residential tenancy 17
agreement instead of the person currently recognised as the 18
tenant because that person has committed an act of domestic 19
violence against the person seeking the order. 20
(2) In deciding the application, the Tribunal must have regard 21
to the following issues: 22
(a) whether the person has a current apprehended 23
violence order against the tenant, 24
(b) if an apprehended violence order has been made, 25
whether a condition was imposed excluding the 26
tenant from entering or remaining on the premises. 27
(3) Where either paragraph (a) or (b) of subsection (2) is 28
satisfied, the Tribunal must make an order recognising the 29
applicant as the tenant. 30
(4) Subsection (2) does not limit the issues to which the 31
Tribunal may have regard. 32
Page 4
Residential Tenancies Amendment (Domestic Violence) Bill 1999
Amendments Schedule 1
(5) This section applies to: 1
(a) a person in a domestic relationship with the tenant 2
who occupies the premises as his or her residential 3
address, or 4
(b) a co-tenant in a domestic relationship with the other 5
or another co-tenant. 6
(6) The Tribunal may not make an order under subsection (1) 7
without giving the landlord the opportunity to be heard on 8
the application. 9
(7) Within 7 days after the making of an order under subsection 10
(1), a residential tenancy agreement giving effect to the 11
order must be entered into by the relevant parties. 12
(8) Until such an agreement is entered into, a residential 13
tenancy agreement giving effect to the order is taken to be 14
in force. 15
16
[5] Section 68A 17
18
Insert after section 68: 19
68A Tribunal may terminate residential tenancy agreement where 20
co-tenant causes serious damage or injury 21
A co-tenant may apply to the Tribunal for an order for 22
possession because the other, or another, co-tenant has 23
intentionally or recklessly caused, or is likely to 24
intentionally or recklessly cause: 25
(a) injury to: 26
(i) the applicant, or 27
(ii) someone else occupying, or allowed on, the 28
premises, or 29
(b) serious damage to the premises. 30
31
Page 5
Residential Tenancies Amendment (Domestic Violence) Bill 1999
Schedule 1 Amendments
[6] Section 68B 1
2
Insert as section 68B: 3
68B Tribunal may terminate residential tenancy agreement where 4
landlord causes serious damage or injury 5
A tenant may apply to the Tribunal for an order for 6
possession because the landlord has intentionally or 7
recklessly caused, or is likely to intentionally or recklessly 8
cause: 9
(a) injury to: 10
(i) the tenant, or 11
(ii) someone else occupying, or allowed on, the 12
premises, or 13
(b) damage to: 14
(i) the tenant's goods, or 15
(ii) the goods of someone else occupying, or 16
allowed on, the premises. 17
18
[7] Section 69A Tribunal may terminate residential tenancy agreement 19
where tenant would otherwise suffer undue hardship 20
21
Insert after section 69A (3): 22
(4) For the purposes of this section, and without limitation, 23
undue hardship may be suffered because of: 24
(a) circumstances of domestic violence between the 25
tenant and another occupant, or 26
(b) verbal abuse, or threats, by the landlord, or 27
(c) harassment by the landlord, or 28
(d) intimidation by the landlord. 29
Page 6
Residential Tenancies Amendment (Domestic Violence) Bill 1999
Amendments Schedule 1
(5) If the Tribunal makes an order terminating a residential 1
tenancy agreement under this section, the Tribunal may 2
make an order awarding compensation to the tenant for the 3
reasonable costs of finding and relocating to alternative 4
residential premises if it is satisfied that the undue hardship 5
is or would be caused by the landlord's verbal abuse, threats, 6
harassment or intimidation. 7
8
[8] Section 85 Orders of the Tribunal 9
10
Insert after section 85 (3): 11
(4) If a tenant or co-tenant makes an application under section 12
68A or 68B, the Tribunal may, in the absence of any party, 13
make an interim order restraining the landlord or a co-tenant 14
from committing further acts of domestic violence if the 15
Tribunal is of the opinion that it is necessary to do so for the 16
protection of the applicant or other occupants of the 17
premises. 18
19
[9] Section 85A 20
21
Insert after section 85: 22
85A Tribunal not to attempt to conciliate domestic violence matters 23
The Tribunal is not to conciliate, or attempt to conciliate, in 24
a matter where one of the parties discloses or alleges that 25
acts of domestic violence have been committed on one of 26
the parties by another party. 27
Page 7
Residential Tenancies Amendment (Domestic Violence) Bill 1999
Schedule 1 Amendments
1
[10] Schedule 4 Savings, transitional and other provisions consequent 2
on enactment of amending legislation 3
4
Insert "Residential Tenancies Amendment (Domestic Violence) Act 5
1999" at the end of clause 1 (1). 6
Page 8
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