Passing of bill

Tuesday 26 Feb 2019

The Real Estate Institute of Western Australia (REIWA) has commended the WA Government for listening to the concerns of the real estate industry.

Under the new bill, victims of domestic violence will be allowed to terminate their tenancies immediately and without penalty. 

REIWA President Damian Collins said while the Institute and its members have always been supportive of introducing legislation to help victims of family violence leave tenancies in which they were unsafe, it's important to put measures in place to ensure the legislation won't be misused.

“REIWA fully supports the WA Government’s decision to amend the Act. Family violence is a growing issue in our community and we all have a responsibility to help eradicate it and ensure measures are put in place to assist victims instead of punishing them.

"However, it was also important to protect the rights of property owners by ensuring the new legislation could not be used without just cause. 

“We are pleased the WA Government has listened to the recommendations of the real estate industry by including a legally binding declaration in the prescribed forms.

"This means in cases where there have been no criminal charges laid, the victim will sign a declaration to reaffirm their claims, removing the need to go to court. This will also assist the prescribed professionals when completing the report in confidence,” Mr Collins said. 

The declaration also carries significant penalties should the claimant be found to be making false statements. 

“This will act as a hefty deterrent against the misuse of this legislation, which is designed to help only genuine victims of family violence. REIWA welcomes this outcome as an important step in the process towards reducing the burdens of the residential tenancy system on victims of family violence while also protecting the rights of property owners,” Mr Collins said. 

Read more about the Residential Tenancies Act (Family Violence) Amendment Bill 2018 on the WA Government website.  (source Real Estate Institute of Western Australia)