New South Wales Consolidated Acts

RESIDENTIAL TENANCIES ACT 2010 - SECT 105C

105C Domestic violence termination notice

(1) A domestic violence termination notice must specify a termination date that is on or after the day on which the notice is given and, in the case of a fixed term agreement, may specify a day before the end of the fixed term.

(2) A domestic violence termination notice given to the landlord must have annexed to it one of the following documents relating to the relevant domestic violence offender--

(a) a copy of the certificate of conviction in proceedings against the relevant domestic violence offender for the domestic violence offence,

(b) a copy of the relevant DVO made against the relevant domestic violence offender,

(c) a copy of the relevant injunction granted under section 68B or 114 of the Family Law Act 1975 of the Commonwealth in favour of the tenant or co-tenant in proceedings against the relevant domestic violence offender,

(d) a declaration made by a competent person that--

(i) is in the form prescribed by the regulations, and

(ii) contains the matters prescribed by the regulations.

(2A) A competent person is authorised to collect, hold, use and disclose personal information about a relevant domestic violence offender that the competent person requires for the purposes of making a declaration under subsection (2)(d).

(3) A person must not, at any time, use or disclose any document, or any information contained in any document, referred to in subsection (2) except in accordance with this Division, unless the person is permitted or compelled by law to disclose the document or information.

: Maximum penalty--20 penalty units.

(4) A person who has in the person's possession pursuant to this Division a document referred to in subsection (2) must ensure that the document is stored and disposed of securely.

(5) The competent person who gives a declaration under subsection (2)(d) must be a person with whom the tenant or co-tenant giving the domestic violence termination notice, or a dependent child, has consulted in the course of the competent person's professional practice.