Residential Tenancies (Domestic Violence Protections) Amendment Act 2015 (SA)
Tuesday 12 January 2016 @ 9.35 a.m. | Crime | Legal Research
On 3 December 2015, South Australia passed new legislation which is a first in Australia allowing reforms to the Residential Tenancies Act 1995 (SA) to help victims to leave abusive relationships through allowing victims who leave a rental property to take their name off a joint lease without the consent of the other tenant and with no penalty financially.
The Residential Tenancies (Domestic Violence Protections) Amendment Act 2015 (No. 43 of 2015) commenced on 10 December 2015 and Central Domestic Violence Service executive director Maria Hagias said “fear of poverty, homelessness and financial hardship” were key factors in preventing a woman from leaving a violent relationship:
“Strengthening the level of protection for women and their children under a legislative framework ensures that women can be confident there are avenues and measures that can be accessed to ensure they are not further disadvantaged when making decisions to establish a safe home."
Amendments in the Act
The Act amends the Residential Tenancies Act 1995 (SA) to provide further protections to victims of domestic violence in the tenancy sector to terminate a residential tenancy or rooming house agreement where the South Australian Civil and Administrative Tribunal (SACAT) is satisfied domestic abuse has occurred or there is an intervention order in force against a person residing at the premises.
Previously, the legislation was structured so that, according to the Second Reading Speech, the residential tenancies legislation "does not provide sufficient protection to victims of domestic violence in the tenancy sector". A tenant or landlord could apply to SACAT to terminate a residential tenancy based on hardship, and SACAT could consider any special circumstances that may result in undue hardship to the tenant or landlord. However, SACAT's powers are limited in cases where the tenant is a co-tenant with the person being violent towards them. Cotenants are jointly and severally liable. It flows from this that SACAT could not (until the amendments in this Act) terminate a residential tenancy unless the other tenant joins the application, indicates no opposition to it, or SACAT is satisfied that the other tenant has abandoned the residential tenancy.
In particular, the amending Act inserts new Sections 89A and 105UA, relating to Termination based on domestic abuse and Termination on abuse of rooming house resident.
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Sources:
Residential Tenancies (Domestic Violence Protections) Amendment Act 2015 (No. 43) and secondary materials as reproduced in TimeBase LawOne
