On this page:
Circumstances of domestic violence
Competent person declaration / Domestic violence declaration
Current list of competent persons
Domestic violence termination notice
Relevant domestic violence offender
Glossary of key terms
Please note: The terms and descriptions in this glossary are based on current provisions in the Residential Tenancies Act 2010 and are provided for the purposes of this consultation on the statutory review of the NSW domestic violence rental laws only.
Circumstances of domestic violence
In the Residential Tenancies Act 2010, a person is considered to be in circumstances of domestic violence if the person:
- has been the victim of a domestic violence offence while a tenant of, or a dependent child of a tenant of, a residential premises; and a relevant domestic violence offender has been found guilty of that offence
- is protected by an in-force Domestic Violence Order (DVO) made against a relevant domestic violence offender
- is protected by an in-force family law injunction granted in proceedings against a relevant domestic violence offender, or
- has been declared by a competent person to be a victim of domestic violence committed by a relevant domestic violence offender during the tenancy.
Competent person
A person authorised to provide a domestic violence declaration. The current list of competent persons is set out in section 105A section 105A (External link)of the Act.
Competent person declaration / Domestic violence declaration
A declaration by a competent person that a tenant, or a tenant’s dependent child, is a victim of domestic violence perpetrated by the relevant domestic violence offender during the residential tenancy agreement.
Current list of competent persons
- A registered health practitioner within the meaning of the Health Practitioner Regulation National Law (NSW)Health Practitioner Regulation National Law (NSW)(External link), but only if the health practitioner is registered under Division 1 or 2 of Part 7 of that Law.
- Social workers who are a member of the Australian Association of Social Workers.
- An employee of a government agency that provides services relating to child welfare.
- Employees of non-government agencies that receive government funding to provide services relating to:
- domestic violence or sexual assault, or
- refuge or emergency accommodation.
- Approved counsellors under the Victims Rights and Support Act 2013(External link)Victims Rights and Support Act 2013(External link).
Dependent child
For a tenant, this is a child who is an occupant (either permanently or from time-to-time) and who is wholly or partly dependent for support on the tenant.
Domestic Violence Order (DVO)
A local DVO, interstate DVO, or foreign order, within the meaning of Part 13BPart 13B(External link) of the Crimes (Domestic and Personal Violence) Act 2007(External link)Crimes (Domestic and Personal Violence) Act 2007(External link) that is in force.
Domestic violence termination notice
A domestic violence termination notice that may be given by a tenant under section 105B(1)105B(1)(External link) of the Act.
Family law injunction
An injunction under section 68B or 114 of the Family Law Act 1975 (Commonwealth)(External link)Family Law Act 1975 (Commonwealth)(External link) (Family Law Act) that has been granted on the basis of evidence of family violence (which has the same meaning as in the Family Law ActFamily Law Act(External link)) in proceedings against a relevant domestic violence offender and is in force.
Relevant domestic violence offender
This is:
- a co-tenant or occupant, or former co-tenant or occupant, or
- a person with whom a tenant giving a domestic violence termination notice has, or has had, a domestic relationship, within the meaning of the Crimes (Domestic and Personal Violence) Act 2007(External link)Crimes (Domestic and Personal Violence) Act 2007(External link).
The Act
The Residential Tenancies Act 2010(External link)Residential Tenancies Act 2010(External link).
The Tribunal
The NSW Civil and Administrative TribunalNSW Civil and Administrative Tribunal(External link), an independent body that hears and decides on applications for orders from tenants and landlords.
