A homeless Illawarra woman who escaped the “hell” of domestic violence says proposed residential tenancy reforms would help empower victims.
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Janine*, 50, said during the early stages of the relationship she was forced into signing a lease for her ex and left paying rent and utilities for months.
“As a victim, the intense shame that goes hand in hand with domestic violence prevented me from advising my real estate agent.
“Isolation and not knowing where to go for help made it difficult to get support. I felt I had no choice and no rights. But today there is some progress to empower victims of domestic violence with the Minister’s improvements to the tenancy laws.”
The state government has proposed changes to the Residential Tenancies Act 2010.
The proposed changes will allow tenants to terminate their tenancy immediately and without penalty by providing evidence of domestic violence through a provisional, interim or final AVO, certificate of conviction, family law injunction or a statutory declaration made by a medical professional.
The proposed changes also include protecting victims of domestic violence from being listed on a tenancy database by agents or landlords where a debt or property damage arose because of a violent partner.
Under the previous laws, victims of domestic violence on a fixed term lease had to give 14 days’ notice to their landlord if a co-tenant or occupant is prohibited by a final AVO from having access to the property.
Janine said she is homeless due to domestic violence.
Janine said she is unable to secure full-time work due to being diagnosed with complex PTSD and physical injuries.
“I was a victim of sexual assault, physical, emotional, psychological and financial abuse,” she said.
“It took me seven years to build up the courage to leave an abusive relationship.
“I am one of the fortunate ones… I hope I never go to hell when I die, because I've been there for 2555 days.”
Janine said it was reassuring that the proposed legislation may afford victims a window period to escape violence faster and possibly link them to support services early. “But it is crucial that the Minister takes into account that some victims may not feel safe with an AVO in place and relying on evidence solely from a GP could be a barrier for victims.
“Not all women feel comfortable taking to their GP about sensitive and traumatic experiences.
“I feel it is vital that the legislation must include professionals who are specialized in domestic violence as part of providing evidence.
“For instance social workers, counsellors, psychologists and the domestic violence helpline, as they are more accessible and victims have the opportunity to disclose sensitive information to professionals who are not only knowledgeable but empathetic.”
Lesley Labka, manager of Shoalhaven Services at Supported Accommodation & Homelessness Services Shoalhaven Illawarra approved of the proposed changes.
“Anything that reduces potential burden, which is another thing about being able to leave quickly (is positive), so you’re not paying the two weeks' rent, and also so that they're not being held financially responsible for the behaviour of the perpetrator, which is currently the case.
“Not that all women who are fleeing domestic violence are living on the poverty line, but many of the women that we're supporting are.
“So any financial punishment is felt acutely.”
Janine said there were some women who are still paying for property damages caused by the perpetrator.
“This impacts on them accessing safe affordable housing because they are listed on tenancy databases.
“The proposed changes can see victims’ names removed from real estate registers as a result of domestic violence, giving them access to establish a safe secure home.
“Having a safe home is a person’s essential basic need and right.”
An Exposure Bill on the proposed reforms will be released in the coming months.
*Name changed by request