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?
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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.