South Australian Current Acts

RESIDENTIAL TENANCIES ACT 1995 - SECT 112

112—Restraining orders

        (1)         If the Tribunal is satisfied, on application by a landlord, that there is a risk that the tenant or a person permitted on the premises by the tenant may cause serious damage to property or personal injury, the Tribunal may make an order (a "restraining order") restraining the tenant and other persons on the premises from engaging in conduct of a kind described in the order.

        (1a)         If the Tribunal is satisfied, on application by a tenant, that there is a risk that a co-tenant or a person permitted on the premises by a co-tenant may—

            (a)         cause serious damage to property; or

            (b)         cause personal injury; or

            (c)         if the co-tenant is a domestic associate or former domestic associate of the tenant—commit an act of domestic abuse,

the Tribunal may make a restraining order restraining the co-tenant and other persons on the premises from engaging in conduct of a kind described in the order.

        (1b)         In considering an application under subsection (1a), the Tribunal must have regard to such of the following orders and proceedings (if any) as are relevant to the application:

            (a)         an order, injunction, undertaking, plan, recognisance or other form of obligation imposed or agreement made under the Family Law Act 1975 of the Commonwealth;

            (b)         an order made under the Children's Protection Act 1993 or the Children and Young People (Safety) Act 2017 ;

            (c)         an order made under the Intervention Orders (Prevention of Abuse) Act 2009 ;

            (d)         a pending application for an order referred to in paragraph (a), (b) or (c);

            (e)         any other relevant legal proceedings.

        (2)         An application for a restraining order may be made without notice to the persons against whom the order is sought but, if the order is made without giving them a reasonable opportunity to respond to the allegations against them, the Tribunal must allow them a reasonable opportunity to satisfy it that the order should not continue in operation.

        (3)         A person must not contravene a restraining order.

Maximum penalty: Imprisonment for 1 year.