Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 245

Injury to domestic associate

245 Injury to domestic associate

(1) This section applies to—
(a) the domestic associate of the tenant occupying the premises with the tenant; and
(b) a cotenant whose domestic associate is the other, or another, cotenant.
(2) The person may apply to a tribunal for an order to be recognised as the tenant, or a cotenant, under the agreement instead of the person’s domestic associate because the person’s domestic associate has committed domestic violence against the person.
(3) The tribunal may make the order if it is satisfied the person has established the ground of the application.
(4) In deciding the application, the tribunal must have regard to the following issues (the
"domestic violence issues" )—
(a) whether the person has applied for a protection order against the person’s domestic associate;
(b) if an application was made—whether a domestic violence order was made and, if made, whether it is in force;
(c) if a domestic violence order has been made—whether a condition was imposed prohibiting the person’s domestic associate from entering, or remaining, on the premises.
(5) Subsection (4) does not limit the issues to which the tribunal may have regard.
(6) If the tribunal makes the order, it may make any other order it considers appropriate.
Examples of orders tribunal may make—
1 an order about the application of the terms of the agreement, or other terms, to the person as tenant, or as a cotenant
2 an order about any rental bond paid by the person’s domestic associate
3 an order that any other person must not list the person’s personal information in a tenancy database under section 459
(7) A person in whose favour an order is made under subsection (3) is taken to be the tenant, or a cotenant, under the agreement on the terms the tribunal orders.
(8) The tribunal may not make an order under subsection (3) without giving the lessor an opportunity to be heard on the application.
(9) In this section—

"domestic associate" means a person in any of the following relationships—
(a) an intimate personal relationship;
(b) a family relationship;
(c) an informal care relationship.
(10) A term used in subsection (9) (a) to (c) has the same meaning as in the Domestic and Family Violence Protection Act 2012 and a reference in that Act to a court deciding whether a relationship exists includes a reference to the tribunal deciding that issue for this section.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback