Locks for rented premises the subject of an intervention order
(1) This section applies if—
(a) a renter is excluded from rented premises because of an exclusion condition included in a family violence intervention order, family violence safety notice or recognised non-local DVO or a personal safety intervention order; and
(b) a protected person under the notice or order—
(i) is also a party to the residential rental agreement for the rented premises; or
(ii) has been residing in the rented premises as the protected person's principal place of residence but is not a party to the residential rental agreement; and
(c) the Tribunal has not made an order made under section 91W(1)(b) in relation to the protected person.
(2) The protected person may change any external door or window lock, including a lock in a master key system, of the rented premises, whether or not the protected person is a party to the residential rental agreement.
(3) As soon as practicable after the protected person changes any external door or window lock, the protected person must—
(a) give the residential rental provider or that person's agent—
(i) a key to the lock; and
(ii) either a certified extract of the family violence intervention order, family violence safety notice or recognised non-local DVO or a personal safety intervention order or a copy of the order or notice; and
(b) give a key to the lock to the parties to the residential rental agreement, other than the excluded renter.
(4) The protected person is not required to give the excluded renter a key to the lock—
(a) in the case of a family violence intervention order, a recognised non-local DVO made by a court or a personal safety intervention order, unless the exclusion condition in the order ends;
(b) in the case of a family violence safety notice or recognised non-local DVO made by a police officer, until the notice or DVO ends.
(5) A residential rental provider or that person's agent must not give the excluded renter any key provided under subsection (3)(a) if he or she knows that the renter has been excluded from the rented premises under a family violence intervention order, family violence safety notice
or recognised non-local DVO or a personal safety intervention order.
(6) If a certified extract or a copy of a notice or order has been given to a residential rental provider or that person's agent under subsection (3)(a)(ii), the residential rental provider and that person's agent are taken to know that the renter has been excluded from the rented premises.
(7) A residential rental provider or that person's agent may only disclose, or give a copy of, a certified extract or a copy of a notice or order received under subsection (3)(a)(ii) to—
(a) if given to the residential rental provider, that person's agent;
(b) if given to the residential rental provider's agent, the residential rental provider;
(c) in either case, the legal representative of the residential rental provider or that person's agent;
(d) any other person as prescribed.
(8) This section applies despite anything in section 70.
Note This section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.
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