Punished for fleeing danger?

Great news! After campaigning pressure from Fair Agenda and our partners, NSW Parliament has passed new reforms to provide greater protection to domestic violence survivors and their families. These reforms will allow victim survivors to end their tenancy immediately without penalty.

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Imagine having to flee your home because your abusive partner is threatening your safety. Now imagine that home is a rental property – and that you’ll be penalised for having to end your lease early. That’s the reality for many women in NSW right now.

Right now there’s a crucial opportunity to change that – because the NSW Government is currently considering changes to the Residential Tenancies Act. [1]

But here’s the thing – so far the NSW Government only plans to address this problem for victim-survivors who have an apprehended violence order or other court order against their perpetrator.  That’s despite a recent survey suggesting more than half of victim-survivors do not report such violence to police;[2] far less have the time and money it can take to obtain a court order.

Women’s Legal Service NSW and over 80 other domestic violence and community groups are calling on the government to expand the mechanisms through which victim-survivors who have to flee their homes can end their tenancy without liability, to ensure more victims of domestic violence can keep themselves and their children safe.

Can you help build the pressure on the NSW Government to make sure its reforms don’t leave out half the women fleeing domestic violence?

-More information (click to view)- 

The NSW Government has taken the positive step of acknowledging that the current rental rules are failing people affected by domestic violence. But right now they only plan to address this problem for victim-survivors who have an AVO or family law injunction.

This year Women’s Legal Service NSW conducted an online survey of domestic violence survivors who were renting in NSW. 98% of respondents said they had to leave their home quickly due to violence; yet more than half hadn’t reported the violence to the police.  Many because they feared threats to life and retribution if they did.

Instead, those women had reported the violence to support people like their doctor, domestic violence service worker, or community worker. That’s why Women’s Legal Service NSW, in conjunction with Domestic Violence NSW and over 80 other groups have issued a call for the NSW Government to ensure that victim-survivors who have had to flee their homes aren’t punished for acting for their own safety, if they can provide a statutory declaration from a “competent person” such as a doctor, family violence worker, or community access worker attesting to the reasons for their need to leave the property.

-References-

1. Victor Dominello, Minister for Innovation and Better Regulation and Pru Goward, Minister for the Prevention of Domestic Violence and Sexual Assault, ‘New residential tenancy laws to protect victims of domestic violence’ Media Release, 5 July 2016.

2. Prioritising Safety at Home, 2017 Survey results about domestic violence and renting in NSW, A report by Women’s Legal Service NSW, August 2017.

Help us get to 1,000 signatures

901 SIGNATURES

To Minister Kean and Minister Goward,

We express our concern that NSW’s current tenancy laws punish victim-survivors of domestic violence who have to flee their homes for safety reasons.

We recognise the Government’s commitment to improving protections so victims-survivors will be able to end their tenancy immediately without penalty in circumstances of domestic violence. But we are dismayed that those changes would only apply to changes would only apply to victims-survivors who have been able to secure an apprehended violence order or court order against their perpetrator. This limited protection will leave many domestic violence victims-survivors who are unable to report to police or who do not have the time or money to pursue such orders in the courts exposed to financial punishment.

We strongly urge you to adopt the recommendation endorsed by over 80 community organisations to expand the criteria on which victim-survivors can end their tenancy without liability.

Signed,

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Latest activity

Anurago , 2450  /  signed 2017-09-09 11:15:50 +1000
Kate , 2482  /  signed 2017-09-09 11:11:38 +1000
Marie-Pierre , 2015  /  signed 2017-09-09 11:06:51 +1000
Mary , 2372  /  signed 2017-09-09 10:54:28 +1000
Robyn , 2579  /  signed 2017-09-09 10:42:54 +1000
"This issue matters to me because I am a woman who cares about the plight of all women. Although I have been lucky enough that I have never been caught up in domestic violence I know woman who have and I know the trauma and isolation it causes. To be left desperate and often destitute with only the clothes you are able to pack in a small bag, fleeing leaves the perpetrator in a much better position than the abused. To have outstanding debt on top of this already difficult situations is not fair. Our society has a duty to looks after them and get them back on their feet."
George , 2071  /  signed 2017-09-09 10:21:21 +1000
Ron , 2500  /  signed 2017-09-09 10:17:08 +1000
Kerry , 2527  /  signed 2017-09-09 10:13:12 +1000
Max , 2785  /  signed 2017-09-09 10:09:37 +1000
Elaine , 2037  /  signed 2017-09-09 10:08:36 +1000
"Governments need to do more to protect women (and some men) from violence in a home setting."
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