Ms ELENI PETINOS (Miranda) (12:44): My question is directed to the Minister for Better Regulation and Fair Trading. It has now been one year since the High Court found that under New South Wales law a man who kicks down the door of his former partner's home is not committing trespass if his name is still on the lease. When will the Government act to protect women from this particular risk of domestic violence?
Mr ANOULACK CHANTHIVONG (Macquarie Fields—Minister for Better Regulation and Fair Trading, Minister for Industry and Trade, Minister for Innovation, Science and Technology, Minister for Building, and Minister for Corrections) (12:45): I thank the member for Miranda for her question. The case the member is referring to was a High Court ruling. I understand that particular type of access relates to the Crimes Act, which is under the Attorney‑General's purview. Nevertheless, I inform the House that under the Residential Tenancies Act there are very strong provisions regarding those who are the victims of domestic and family violence. For example, the Act allows a tenant who is a victim to take immediate action to end their contract without being penalised, enabling victims to move out of homes as quickly as they can. The provisions around domestic violence were enacted in 2019. A statutory review must take place every three years, meaning that a review should have taken place by February 2022 and been tabled in Parliament within 12 months. That was not done.
Mr Paul Scully: Not done? Who was in government then?
Mr ANOULACK CHANTHIVONG: Nevertheless, this Government is undertaking a statutory review and that will be tabled later this year. Some of the provisions being reviewed include a ban on listing tenants who leave a tenancy due to domestic violence on a tenancy database, a ban on a tenant being held responsible for damage caused during a domestic violence offence committed by another person, and allowing a victim‑survivor to change their locks. A report will be tabled later this year.
Ms Eleni Petinos: Point of order: Whilst I recognise that the House very much appreciates the information from the Minister, we were specifically seeking information about what the Government is doing to address the risk of domestic violence that has arisen as a result of people intruding into a former partner's home. It is a live issue because of the High Court ruling, and we would like specific information around that.
The SPEAKER: Your point of order is taken under Standing Order 129?
Ms Eleni Petinos: It is in relation to relevance, yes.
The SPEAKER: The Minister will return to the leave of the question.
Mr ANOULACK CHANTHIVONG: On top of doing the statutory review, which should have already been done, the Government will continue to improve and enhance the Act. We are also working with the community and the Federal Government regarding the particular case the member refers to. The Government is going to review the Residential Tenancies Act to ensure we improve the current provisions so that victims are able to end their contracts as easily as possible.
