Queensland Consolidated Acts
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RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 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.
Subsection (4) does not limit the issues to which the tribunal may have
(6) If the tribunal makes the order, it may make any other order it
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
(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
(9) In this section—
"domestic associate" means a person in any of the following relationships—
(a) an intimate personal relationship;
(b) a family relationship;
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.
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