On this page you will find information about:
What is an intervention order? Protected persons remaining at home Tenancy orders What happens if the lease is changed to another person's name? A landlord’s obligations What is an intervention order?
Intervention orders have replaced restraining orders from 9 December 2011.
Intervention orders may be first issued as interim orders by either a court or a police officer. They will be heard by a magistrate, who will either:
- confirm the order
- vary or substitute the interim order
- revoke the interim order.
Once a magistrate has confirmed an order, it doesn’t have an end date. To end a confirmed intervention order, it must be revoked by the court.
An interim intervention order can be made by the police or the court. A
Magistrates Court can issue intervention orders, or vary, confirm or revoke orders to restrict the behaviour and actions of a particular person. They are usually granted to protect people from domestic or family abuse.
The person restricted by an intervention order is referred to as the defendant. Anyone protected by the intervention order is referred to as a protected person.
The defendant can be stopped from accessing a particular property even if they:
- have been living at the property
- own or part own the property
- are renting the property and have signed the lease agreement.
This can happen whether an order is an interim order or a confirmed order.
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Protected persons remaining at home
It may be a condition of the intervention order that the defendant is prevented from being at a particular property, even if they are the tenant or owner of the property.
A protected person can change the locks of the rented property at their own expense, but they must give a copy of the key to the landlord.
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Tenancy orders
A tenancy order can be applied to a rental property by the court if it confirms an intervention order. A tenancy order changes the tenancy from the defendant’s name to that of another person, generally the protected person, but it can be another person, even where that other person was not named in the original tenancy agreement. That person is then responsible for meeting all the
lease agreement obligations as the tenant.
Key advisory and housing organisations can provide information about your particular circumstances:
Police urge all victims of domestic violence to phone 000 in an emergency or 131 444 for police attendance.
For help and support phone the Domestic Violence Crisis Service on 1300 782 200 and Crisis Care on 131 611.
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What happens if the lease is changed into another person's name?
If a tenancy order transfers a tenancy agreement into a protected person’s name the bond paid at the start of the tenancy is kept until the tenancy agreement ends unless the court and parties agree to different arrangements.
The defendant can't claim the bond until the protected person moves out of the property, even if they paid the bond in full themselves,.
At the end of the tenancy landlords still have rights to
claim all or part of the bond.
The terms of the initial agreement remain unchanged and that person is responsible for meeting all the
tenancy agreement obligations as the tenant.
The defendant is responsible for any debts or damages that occurred before an order is made. The protected person is responsible for any debts or damages once they take over the tenancy agreement and they must therefore repay the defendant for any deductions from the bond as a result at the end of the tenancy.
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A landlord's obligations
A landlord who knows that an intervention order has been made that restricts the defendant from accessing the rented property must not:
- give the defendant a key to the property
- help the defendant in any way to access the property
Landlords must continue to uphold the tenancy agreement when it is transferred into another person's name under a tenancy order. They must continue to meet their
obligations as the landlord.
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More information
On this site
Child protection Domestic violence Lease agreements explained Rental bondsBeing a tenant renting privately Crime, justice and the law Other websites Don’t cross the line Family Violence, Legal Services Commission Legislation Intervention Orders (Prevention of Abuse) Act 2009