Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 344

344 Damage or injury

(1) If an application is made to a tribunal for a termination order because of damage or injury, the tribunal may make the order if it is satisfied the applicant has established the ground of the application.

(2) If the application is made because of injury by the domestic associate of the tenant or a cotenant whose domestic associate is the other, or another, cotenant, in deciding the application the tribunal must have regard to the following issues (the
"domestic violence issues" )—

(a) whether the applicant has applied for a domestic violence order against the applicant’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 is in force—whether a condition was imposed prohibiting the applicant’s domestic associate from entering, or remaining in, the premises.

(3) Subsection (2) does not limit the issues to which the tribunal may have regard.

(4) 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.

(5) A term used in subsection (4) (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.