South Australian Current Acts South Australian Current Acts85D—Notice of termination by tenant on ground of domestic abuse
(1) The tenant under a
residential tenancy agreement may, by notice of termination given to the
landlord, terminate the tenancy if—
(a) an
intervention order is in force against a prescribed person for the protection
of the tenant or a domestic associate of the tenant who normally or regularly
resides at the premises; or
(b) the
tenant or a domestic associate of the tenant who normally or regularly resides
at the premises is in any other circumstances of domestic abuse of a kind
prescribed by the regulations for the purposes of this section.
(2) A notice given
under subsection (1) must—
(a) be
accompanied by evidence of a prescribed kind; and
(b)
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.
(3) A person who is in
possession of a document provided as evidence under subsection (2)(a)
must ensure that the document is stored and disposed of securely.
Maximum penalty: $50 000.
Expiation fee: $2 000.
(4) A person must not
use or disclose a document, or information contained in a document, provided
as evidence under subsection (2)(a) except—
(a) with
the consent of the person to whom the document or information relates; or
(b) for
the purposes of referring the matter to a law enforcement agency, or a person
or agency exercising official duties under an Act relating to the care or
protection of a child; or
(c) if
the disclosure is reasonably necessary for the protection of the lawful
interests of the person disclosing the document or information.
Maximum penalty: $50 000.
Expiation fee: $2 000.
(5) A document, or
information contained in a document, disclosed under subsection (4) for a
particular purpose must not be used for any other purpose by—
(a) the
person to whom the document or information was disclosed; or
(b) any
other person who gains access to the document or information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $50 000.
Expiation fee: $2 000.