Queensland Consolidated Acts

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RESIDENTIAL TENANCIES ACT 1994 - SECT 150

150 Injury to spouse

(1) This section applies to--

(a) the spouse of the tenant occupying the premises with the tenant; and
(b) a cotenant whose spouse is the other, or another, cotenant.

(2) The person may apply to a tribunal for an order to be recognised as the tenant, or a cotenant, under the agreement instead of the person's spouse because the person's spouse has committed an act of domestic violence against the person.

(3) The tribunal may make the order if it is satisfied the person has established the ground of the application.

(4) In deciding the application, the tribunal must have regard to the following issues (the domestic violence issues)--

(a) whether the person has applied for a protection order against the person's spouse;
(b) if an application was made--whether a domestic violence order was made and, if made, whether it is in force;
(c) if a domestic violence order has been made--whether a condition was imposed prohibiting the person's spouse from entering, or remaining, on the premises.

(5) Subsection (4) does not limit the issues to which the tribunal may have regard.

(6) If the tribunal makes the order, it may make any other order it considers appropriate.

Examples of orders tribunal may make--
1 an order about the application of the terms of the agreement, or other terms, to the person as tenant, or as a cotenant
2 an order about any rental bond paid by the person's spouse

(7) A person in whose favour an order is made under subsection (3) is taken to be the tenant, or a cotenant, under the agreement on the terms the tribunal orders.

(8) The tribunal may not make an order under subsection (3) without giving the lessor an opportunity to be heard on the application.



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