What is domestic violence?
Domestic violence is a term used to describe any form of violence or abuse between people in a domestic relationship, where the person who is violent towards you is:

• a spouse (including defacto)
• an intimate or dating partner
• a family member, or
• an informal carer.

Defined as a ‘domestic associate’ under the Residential Tenancies and Rooming Accommodation Act 2008 (the Act).

What can I do if there is violence in the home?
Every person has a right to feel safe and live free from violence. If there is violence in your home, a domestic violence protection order may be able to help stop the violence. A domestic violence protection order places limits on the behaviour of the person who is violent towards you. For more information on domestic violence protection orders, visit the Queensland Courts website www.courts.qld.gov.au, or contact DV Connect using the details at the end of this fact sheet.

How can I apply?
You can apply for a domestic violence protection order yourself at a Magistrates Court, or get a police officer, solicitor or someone else you authorise to apply for you. Contact the relevant service/s listed on the bottom of this fact sheet for more help in applying for a domestic violence protection order.

What if I’m renting a premises with the person who is violent towards me?
The Act gives rights to people in a domestic relationship whether you are a tenant named on the tenancy agreement or not. This includes a spouse (including a defacto), a dating partner, a family member or an informal carer.

If you are experiencing domestic violence while living in rental accommodation, you can apply to the Tribunal for an order to:

• be recognised as the tenant
• remove the name of the person who has committed an act of domestic violence from the tenancy agreement
• restrain the person who has committed an act of domestic violence from causing further damage or injury, or
• end your tenancy agreement altogether.

What if the person you live with is violent and you are not in a domestic relationship with them?
If the person you live with is violent and you are not in a domestic relationship with them and the person has, or is likely to cause serious damage to the premises, or injury to you or someone else occupying the premises, you can apply to the Tribunal for an order to:

• be recognised as a tenant, or
• remove the name of the person that has been violent from the tenancy agreement.

How do I apply to the Tribunal?
For information on applying to the Tribunal, visit www.qcat.qld.gov.au, or contact the QCAT registry on 1300 QLD CAT (1300 753 228).

How does the Tribunal make a decision?
In making the order, the Tribunal would have to be satisfied that the applicant had established evidence of domestic violence, such as having a domestic violence protection order, or having applied for one. An application can be made to the Tribunal to have an interim order put in place restraining the violent person from causing further personal injury or damage to property. Contact the relevant services listed on this fact sheet for assistance in documenting evidence of domestic violence.

Can I apply for a domestic violence protection order and an order about my tenancy at the same time?
A person experiencing domestic violence may apply to the Magistrates Court for a domestic violence protection order under the Domestic and Family Violence Protection Act 1989. At the same time, the person can also apply for an order about their tenancy under the Residential Tenancies and Rooming Accommodation Act 2008.

Do I have to tell my lessor/agent?
If you are applying to be recognised as the tenant, the lessor/agent must be told about the application before either the Tribunal or the Magistrates Court can make a decision about the tenancy. If you are concerned about disclosing domestic violence to the lessor/agent you could seek tenancy and/or legal advice first.

What can I do if I’ve been listed on a tenancy database because of the violence?
You can make an application to the Tribunal about an unjust listing on a tenancy database. For example, you can apply if you have been listed on a tenancy database due to any damage to the property caused in the course of (or during) an incident of domestic violence.

Where can I get more help or information?

Further information
For more information contact the Residential Tenancies Authority on 1300 366 311.
 
Accessing RTA forms
The RTA’s forms can be obtained electronically or in person by:

• rta.qld.gov.au
• 1300 366 311
• Level 23, 179 Turbot St Brisbane

A selection of the most commonly used forms are also available at Australia Post outlets around Queensland.

If you need interpreting assistance to help you understand this information, contact TIS on 13 14 50 (for the cost of a local call) and ask to speak to the Residential Tenancies Authority (RTA).

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