She has waited it out for months but the day has come. She has finally escaped. But what now? She is turned away from several places of refuge on account of the long list of women waiting before her. It doesn’t matter. Days later she is stabbed to death with a pair of scissors.
This is the story of a real woman, and it is not as uncommon as we would like to think.
The urgency and horror that lurks behind these stories is coming to light and it appears that the NSW Government is finally seeing it.
Women and children who are victims of domestic violence in NSW will soon be able to leave their homes faster and seek refuge without a penalty for abandoning a rental property. The change is among reforms to residential tenancy laws set to take place in early 2017. The effect of these laws should improve and increase the options for victims of domestic violence.
As it currently stands, a victim of domestic violence in a fixed lease situation must provide 14 days’ notice to their landlord, in addition to a final apprehended violence order (AVO), which can take approximately 12 months to obtain. This doesn’t include the potential liabilities that the victim may incur, such as being blacklisted on tenancy databases.
Innovation and Better Regulation Minister, Victor Dominello, has stated that “this is an unacceptable and often burdensome process for people living in dangerous situations”.
These reforms will have the power to prohibit agents and landlords from listing a victim of domestic violence on a database where a debt or property damage arose because of a violent partner. Further, they should move towards changing the list of reasonable excuses to change locks in order to prevent a tenant from domestic violence.
These proposed changes will also recommend that NCAT be given the right to ensure that the perpetrator is liable for damage to a property arising from domestic violence, regardless of whether they are listed on the lease agreement.
In bring this serious issue to light, movements towards raising awareness and ending domestic violence such as the Counting Dead Women Project, have highlighted the need for legal action. It is evident from the statistics that the current tenancy laws are not operating to protect these victims.
These reforms send a clear message: women should be allowed to feel safe in their homes or given the right to leave without punishment.
If you are in a similar situation or wish to know more about the proposed reforms to tenancy laws, please do not hesitate to contact Freedman & Gopalan on 02 8917 8700.