Domestic violence provisions
11 established claims - 14 refused by the grounding gate
Documented position6
What the body that runs or defines the thing says in its own documentation.
Consumer Affairs Victoria states that VCAT must hear a Victorian renter's family violence application within 3 business days, or no later than the next available day after the end of the 3 business days.
1 quote from 1 source
VCAT must hear your application within 3 business days or no later than the next available day after the end of the 3 business days.
Consumer Affairs Victoria states that a Victorian renter experiencing family violence can apply to VCAT to change their rental agreement even if their name is not on it.
1 quote from 1 source
If you are experiencing family violence and need to change your rental agreement (lease) so that you or your children can be safe, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) . You can do this even if your name is not on the rental agreement.
Consumer Affairs Victoria states that a Victorian renter experiencing family violence can ask VCAT to order the rental provider to let them leave the property before the rental agreement ends without paying for breaking the lease.
2 quotes from 1 source
You can ask for VCAT to give you an order so that the rental provider (landlord):
lets you leave the property before the rental agreement ends without having to pay for breaking the lease.
A Victorian renter's personal information must not be listed on a renter database if they breached their rental agreement because of an act of family or personal violence against them.
2 quotes from 1 source
Your personal information must not be listed on the database if:
you breached your rental agreement because of an act of family or personal violence against you,
Consumer Affairs Victoria states that a Victorian renter with a safety notice or intervention order can change the locks without permission from their rental provider or agent.
1 quote from 1 source
If you are experiencing family violence and you have a safety notice or intervention order, you can change the locks . You do not need permission from your rental provider (landlord) or agent.
- Changing the locks because of family violence - Consumer Affairs Victoria consumer.vic.gov.au
Consumer Affairs Victoria names sections 70A and 71 of the Residential Tenancies Act 1997 as the law on changing the locks because of family violence.
3 quotes from 1 source
If you want to know what the law says about changing the locks because of family violence, you can read these sections of the Residential Tenancies Act 1997 :
Section 70A – Locks for rented premises the subject of an intervention order
Section 71 – Application to Tribunal to change locks without consent
- Changing the locks because of family violence - Consumer Affairs Victoria consumer.vic.gov.au
Changed on2
A dated change. This is where advice quietly stops being true.
Section 70A of the Residential Tenancies Act 1997 was inserted by section 259 of Act No. 52/2008.
2 quotes from 1 source
70A Locks for rented premises the subject of an
S. 70A inserted by No. 52/2008 s. 259.
Section 236 of the Residential Tenancies Amendment Act 2018 commenced on 29 March 2021.
2 quotes from 1 source
Residential Tenancies Amendment Act 2018, No. 45/2018
236–322, 329–342(12), 342(15)–367, 380–386, Sch. 1 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1
Repeated, with no primary source in reach3
Widely repeated in the field. Within the documents this sweep read, it traces only to other repetitions - which is a fact about our reading as well as about the idea, until each one has been searched for on its own.
EBM RentCover states that renters are responsible for damage to a Victorian rental property caused by family and domestic violence.
1 quote from 1 source
Renters are responsible for damage to the property caused by FDV. Your impacted tenant can apply to VCAT to determine who is responsible for paying for any damage to the property.
EBM RentCover states that the…
- Victorian Parliament passed the Residential Tenancies Amendment Act 2018 in September 2018.
- Residential Tenancies Amendment Act 2018 included reforms concerning family and domestic violence.
1 quote from 1 source
The Victorian Parliament passed the Residential Tenancies Amendment Act 2018 in September 2018 which included reforms concerning family and domestic violence (FDV).
Refused14
Claims the research produced that the grounding gate would not accept, with its reason. They are here because a site that only shows what passed gives you no way to judge whether the gate does anything.
Show what was refused
Section 91V of the Residential Tenancies Act 1997 is the Victorian family violence termination provision.
Refused: The cited quotes mention a 2018 amendment act and section 236 but do not state or entail Section 91V of the Residential Tenancies Act 1997 or its characterization as the family violence termination provision.
Unsupported: Section 91V of the Residential Tenancies Act 1997 is the Victorian family violence termination provision
What it rested on
No. 45/2018 s. 236
Residential Tenancies Amendment Act 2018, No. 45/2018
Section 91V of the Residential Tenancies Act 1997 was inserted by section 236 of the Residential Tenancies Amendment Act 2018.
Refused: The quotes name the amendment Act and section 236 but do not state that section 236 inserted Section 91V of the Residential Tenancies Act 1997.
Unsupported: Section 91V of the Residential Tenancies Act 1997 was inserted by
What it rested on
No. 45/2018 s. 236
Residential Tenancies Amendment Act 2018, No. 45/2018
Section 70A of the Residential Tenancies Act 1997 deals with locks for Victorian rented premises the subject of an intervention order.
Refused: The quotes show only a truncated section heading and amendment note, without naming the Act or specifying 'intervention order'.
Unsupported: Residential Tenancies Act 1997 / intervention order
What it rested on
70A Locks for rented premises the subject of an
S. 70A inserted by No. 52/2008 s. 259.
Section 236 of the Residential Tenancies Amendment Act 2018 inserted the Victorian family violence termination provisions.
Refused: The quotes identify the Act and list commencement sections including 236 but do not state that section 236 inserted family violence termination provisions.
Unsupported: inserted the Victorian family violence termination provisions
What it rested on
Residential Tenancies Amendment Act 2018, No. 45/2018
236–322, 329–342(12), 342(15)–367, 380–386, Sch. 1 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1
Domestic violence provisions in consolidated version 098 of the Residential Tenancies Act 1997 took effect in Victoria on 29 March 2021.
Refused: The quotes only identify version 098 dated 29 Mar 2021 as superseded, with no mention of domestic violence provisions or their commencement.
Unsupported: Domestic violence provisions ... took effect
What it rested on
Residential Tenancies Act 1997
Version history
29 Mar 2021 098 Superseded
Section 91V of the Residential Tenancies Act 1997 lets a party to a Victorian residential rental agreement who has been or is being subjected to family violence apply to VCAT for an order terminating the existing agreement.
Refused: The quotes show section 91V allows an application for termination by an eligible party, but none states that the application is made to VCAT.
Unsupported: apply to VCAT
What it rested on
91V Application for termination or new residential
(a) an order terminating the existing residential rental agreement; or
(a) a party to the existing residential rental agreement—
who has been or is being subjected to family violence by another party to the existing residential rental agreement; or
Domestic violence provisions allow an application under section 91V of the Residential Tenancies Act 1997 to be made without the consent of the residential rental provider or any other party to the existing residential rental agreement.
Refused: The quotes establish a without-consent application under section 91V but do not state that it is a domestic violence provision.
Unsupported: Domestic violence provisions
What it rested on
(4) An application under subsection (1) may be made without the consent of the residential rental provider or any other party to the existing residential rental agreement.
91V Application for termination or new residential
Section 91V of the Residential Tenancies Act 1997 requires VCAT to hear a family violence application within 3 business days of the application being made, or no later than its next available sitting day after that period.
Refused: The quotes state the Tribunal's hearing deadline for an application under section 91V but do not identify that application as a family violence application.
Unsupported: family violence application
What it rested on
(7) The Tribunal must hear an application under subsection (1)— (a) within 3 business days of the application being made; or (b) if the application cannot be heard within the period referred to in paragraph (a), no later than the next available sitting day of the Tribunal after the end of that 3 business day period.
91V Application for termination or new residential
Section 91Y of the Residential Tenancies Act 1997 provides that, unless VCAT gives leave, a person subjected to family violence must not be personally cross-examined by the person who subjected them to that violence.
Refused: The quotes show the section heading and the cross-examination prohibition but do not state any VCAT leave exception.
Unsupported: unless VCAT gives leave
What it rested on
91Y Cross-examination in a proceeding for termination
not be personally cross-examined by the person who subjected that person to the family violence; and
Section 91X of the Residential Tenancies Act 1997 lets VCAT determine the parties' liability in relation to a bond paid for the rented premises after VCAT terminates an agreement on family violence grounds.
Refused: The quotes show Section 91X may determine liability for a bond, but none state that this occurs after VCAT terminates an agreement on family violence grounds.
Unsupported: after VCAT terminates an agreement on family violence grounds
What it rested on
91X Tribunal may determine parties' liability under
determine the liability of the person specified in
(a) a bond paid for the rented premises; and
Consumer Affairs Victoria names sections 91V, 142S, 142ZZ and 206AG of the Residential Tenancies Act 1997 as the law on ending an agreement due to family violence.
Refused: The quotes name only sections 91V and 142S as the law on ending an agreement due to family violence, not 142ZZ or 206AG.
Unsupported: sections 91V, 142S, 142ZZ and 206AG
What it rested on
If you want to know what the law says about ending an agreement due to family violence, you can read these sections of the Residential Tenancies Act 1997 :
Section 91V – Application for termination or new residential rental agreement because of family violence or personal violence
Section 142S – Application for termination or new rooming house agreement because of family violence or personal violence
Consumer Affairs Victoria states that the Victorian rules allowing a renter with a safety notice or intervention order to change the locks do not apply to people living in caravan parks or rooming houses.
Refused: The quote says only that 'These rules do not apply' without specifying that the rules allow a renter with a safety notice or intervention order to change the locks.
Unsupported: allowing a renter with a safety notice or intervention order to change the locks
What it rested on
These rules do not apply to people living in caravan parks or rooming houses.
Changing the locks because of family violence - Consumer Affairs Victoria
EBM RentCover states that a Victorian tenant impacted by family and domestic violence can change the locks without the rental provider's permission.
Refused: The quote states a tenant impacted by FDV can change locks without permission, but it does not state the tenant is Victorian.
Unsupported: Victorian
What it rested on
The tenant impacted by FDV can change the locks without your permission but must give you a set of keys within seven days.
EBM RentCover states that a Victorian tenant impacted by family and domestic violence must give the rental provider a set of keys within seven days.
Refused: The quote states a tenant impacted by FDV must give keys within seven days but does not specify a Victorian tenant.
Unsupported: Victorian tenant
What it rested on
The tenant impacted by FDV can change the locks without your permission but must give you a set of keys within seven days.