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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2015-09-22 Daily Xml
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Residential Tenancies (Domestic Violence Protections) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 8 September 2015.)

The Hon. T.T. NGO (16:59): I rise to speak on the Residential Tenancies (Domestic Violence Protections) Amendment Bill 2015. The government has brought this bill to the house as it believes that current legislation in the area of residential tenancies does not provide adequate protection to victims of domestic violence.

By way of background, the South Australian government has taken a whole-of-government response to the findings of the State Coroner in the inquest into the tragic death of Zahra Abrahimzadeh. Ms Abrahimzadeh was stabbed to death by her husband in 2010 at the Adelaide Convention Centre. As a result of her death, a number of initiatives were achieved. They were:

1. Commencing in 2015, the Women's Domestic Violence Court Assistance Service will provide a greater level of support within the court system for victims of violence by providing assistance to help women deal successfully with court systems and increase their access to justice.

2. The state government has introduced an early warning system which provides a circuit breaker in instances where a domestic violence service provider does not believe the most appropriate responses to their client's situation have been received.

3. South Australian government departments will obtain White Ribbon workplace accreditation and build upon existing domestic violence workplace policies in all government departments. The Equal Opportunity Commission has commenced coordination of the accreditation process across government.

The main intent of the bill is that victims will be able to terminate a residential tenancy without facing financial penalties. Currently, the powers of the South Australian Civil and Administration Tribunal (SACAT) to recognise domestic violence are limited in cases where the victim is a co-tenant with the perpetrator. Co-tenants are jointly liable for a property and, unless the other tenant joins the application to terminate the lease, indicates no opposition to it or it can be proven that the other tenant has abandoned the residential tenancy, SACAT is unable to terminate the tenancy. This bill changes this by recognising co-tenants separately under a residential tenancy agreement.

The bill recognises domestic abuse can be a cause for ending residential tenancies. This bill also takes account of the different relationships that are involved in domestic violence, such as people who are married to each other, brothers and sisters, or parents and children.

This bill clearly exempts a domestic abuse victim who is a co-tenant to a lease from paying the costs involved in breaking it above the bond. If a victim of domestic violence who is a co-tenant is suffering from hardship by continuing with a tenancy, they can apply to the Residential Tenancies Tribunal to end the agreement. The tribunal must consider the victim's hardship more favourably than that of the abuser. The tribunal, on application by the tenant or co-tenant, can terminate a residential tenancy if it is satisfied that a person who resides at the residential premises has committed domestic abuse.

It is important when drafting this type of legislation that the interests of landlords are considered. The bill does this by allowing landlords to inspect properties before a decision is made by a co-tenant to terminate a residential tenancy. It also allows landlords, if necessary, to continue with an existing agreement with either co-tenant. The bill aims to provide a balance between a victim's interests, without unduly disadvantaging the landlord, and their right to compensation. It is important to note that compensation for damage that exceeds the bond allocated in a residential agreement can be claimed by a landlord via an order of the Residential Tenancies Tribunal, to be paid by the responsible co-tenant.

The bill also allows for the issue of orders outlining that a tenant in a co-tenancy is liable for compensation to the landlord where there is a situation of domestic violence. This will ensure that the victim is not left with the burden of paying for damage caused to the property by the perpetrator. Statistics show that 62 per cent of women have experienced physical assault by a male perpetrator and that one woman is murdered every week and one is hospitalised every three hours. This bill also prevents victims of domestic violence being listed on a residential tenancy database. A tenancy database is a list where landlords or agents record personal information about tenants who have had problems with their tenancies.

Domestic violence was once a hidden crime, but in recent years it has emerged as a mainstream criminal justice issue. Magistrates deal with a domestic violence application through the courts every six minutes, 10 every hour and more than 80 a day in some courts. It is devastating that it is often the case that domestic violence is seen as a private issue, something that usually happens in the home and is not talked about in the wider community. This is a cultural perception that is slowly changing. We need to continue to work to combat this perception in all areas of our lives. We have a collective responsibility to eliminate domestic violence.

The government should do everything in its power to address these issues, and I believe that this bill provides an opportunity to help some individuals escape domestic violence in the area of residential tenancy. Assisting victims to leave a violent home is important, and that is why this bill has my support. I commend this bill to the council.

The Hon. J.A. DARLEY (17:07): I rise briefly to indicate my support for the Residential Tenancies (Domestic Violence Protections) Amendment Bill. The proposed changes are intended to recognise domestic violence in our tenancy legislation and provide further protections for victims. In the main, this will be achieved by making it easier for victims of domestic violence to leave the premises they have co-tenanted without incurring financial penalties or to remove the perpetrator of the domestic violence from the premises and to minimise future dealings with that person in relation to any tenancy arrangements.

The changes will also ensure that the victim is not financially responsible for any damage caused to the property by the perpetrator. The ongoing legal liability for such damage will rest with the perpetrator. I understand that this last aspect of the bill caused some concern among landlords initially. However, the government has been working towards overcoming these concerns and striking an appropriate balance between the interests and rights of landlords on the one hand and victims of domestic abuse on the other. I certainly hope that this matter can be resolved to the satisfaction of all groups concerned and that this bill provides some relief, no matter how minor, to victims of family and domestic violence. With that, I support the second reading of the bill.

Debate adjourned on motion of Hon. G.E. Gago.

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