Ms JODIE HARRISON (Charlestown—Minister for Women, Minister for Seniors, and Minister for the Prevention of Domestic Violence and Sexual Assault): I contribute to debate on the Residential Tenancies Amendment (Domestic Violence Reform) Bill 2025. Everyone deserves a safe place to live. The sad reality is that, for the most vulnerable in our community, that need is often unmet. It is no secret that domestic and family violence is a leading driver of homelessness for women and children in New South Wales. Figures from 2023-24 revealed that 26,000 people fled abuse to seek safe haven at homelessness support services. One in four women and one in eight men have experienced violence by an intimate partner or family member since the age of 15.

We must recognise that the decision to leave an abusive relationship can be more complex than it appears on the surface. That is particularly the case when factors like children, financial pressure and housing insecurity are in the mix. It is a scenario that many renters have experienced. We know that one-third of New South Wales residents rent their homes. They deserve a government that supports them on the path to safety. The Minns Labor Government is proud of its track record of backing renters. It was Labor that ended no-grounds eviction. It was Labor that made it easier for renters to have pets. We are also working hard to enhance the safety of victim‑survivors and better prevent violence.

The Government is investing $5.1 billion into new social and affordable housing. More than half of those new homes will be prioritised for women and children fleeing violence. We are also delivering 49 Core and Cluster refuges statewide. Once all those projects are built, they will add capacity to support an additional 2,900 women and children fleeing violence annually. We have expanded and extended vital programs, including Staying Home Leaving Violence and the Specialist Workers for Children and Young People program. The first primary prevention strategy in New South Wales was implemented by this Government. The 2025‑26 budget also backs our frontline domestic violence workforce with five-year contracts, delivering greater certainty.

The reforms in the bill build on the foundation that the Government has set to make New South Wales a safer and fairer place to rent. The bill represents an important first step in implementing the recommendations of a statutory review of the 2019 domestic violence rental reforms. That review was informed by the expertise and experience of more than 400 individuals and 40 organisations. This is positive overdue change that will make it easier to leave an abusive relationship, which is the heart of the bill. The last thing a victim‑survivor needs is to jump through hoops while trying to escape an unsafe home.

Under current settings, a renter can immediately end a lease without paying a break‑lease fee by serving a domestic violence termination notice, with supporting evidence. It is important to note that that can be a dangerous process for a victim‑survivor, given the requirement to notify each co-tenant, including an alleged perpetrator. The bill would streamline that process and shift the responsibility to notify co-tenants to the relevant landlord or agent. Fair Trading would create a standard form for agents and landlords to notify co-tenants within seven days after the termination, and not before that date. Notice can be given by email or post to avoid direct interaction, and the termination would still be valid even if the agent or landlord fails to notify co-tenants.

The bill also makes it easier for victim‑survivors to obtain the evidence required to end a lease. One of the most common forms of evidence is a declaration from a "competent person" confirming that a renter is experiencing domestic violence. That declaration is important, because it is the only type of evidence that does not require the involvement of courts or law enforcement. Under the bill, categories of competent people are expanded using an existing regulation‑making power with a focus on improving access for victim‑survivors who may not have contact with mainstream services. That may include Aboriginal and Torres Strait Islander people, culturally and linguistically diverse communities, and people with disability. Further consultation will be undertaken to support those vulnerable cohorts.

Empowering victim‑survivors to leave abuse safely—without fear of confrontation or retaliation—is vital, and the bill helps to make that happen. Overcoming barriers for victim‑survivors to secure a new home is critical. However, victim‑survivors can find themselves at risk of being caught up on tenancy databases used by agents to assess rental risk. Those can be used to blacklist renters and increase the risk of a victim‑survivor experiencing homelessness. It is important to note that landlords and agents are banned from blacklisting a victim‑survivor who terminates their lease through a domestic violence termination notice, but that does not account for the victim‑survivors who choose not to rely on domestic violence termination provisions for various reasons. Consequently, they may be blacklisted despite experiencing abuse. The bill will ensure that renters are not unfairly listed if they provide evidence of domestic abuse, regardless of whether that evidence is used to end their lease. Fair Trading would also have a new dispute resolution role with powers to intervene when a victim‑survivor is inappropriately listed.

Another core tenet of the bill relates to liability for property damage in rental properties. Too often, victim‑survivors are liable for property damage that occurs during violent incidents. That exacerbates the financial pressure on renters who are already dealing with trauma. That is certainly not fair, and the Government is acting. The bill provides stronger safeguards to ensure victim‑survivors and non‑perpetrator co-tenants are not held responsible for damage caused by domestic violence. It achieves that by replacing the current high evidentiary threshold of a domestic violence offence that must be proven to the criminal standard with a more reasonable standard. Victims and non-perpetrator tenants will not be liable for property damage that occurred in conjunction with conduct that would reasonably be considered domestic abuse, as defined under the Crimes (Domestic and Personal Violence) Act 2007. If there is a dispute, the NSW Civil and Administrative Tribunal [NCAT] will have jurisdiction to determine liability for damage. It will need to be satisfied only on the balance of probabilities that damage occurred as a result of domestic abuse.

It is also important to consider the challenges a victim-survivor can encounter when recovering their share of a rental bond. Failure to recover a bond can have lasting consequences for renters, particularly those experiencing domestic and family violence. It can be a barrier to securing new housing and living in safety. The bill seeks to address that inequity by expressly allowing NCAT to apportion the bond between co-tenants and order the repayment of each person's share. In practice, a bond is ordinarily treated as a single amount covering the entire lease. Without that new power, the tribunal would not have scope to protect a victim-survivor's share from being used to repair property damage caused by domestic abuse. These changes are designed to better reflect the lived experience of domestic violence victim-survivors, particularly in cases where abuse may be ongoing but not formally prosecuted.

Upholding the privacy and security of victim-survivors is essential to their safety. The ability to control what is shared publicly can determine whether a perpetrator tracks down their victim and compromises their wellbeing. The bill makes the privacy of renters a top priority and prevents publication of marketing photos or videos that show a renter's possessions, either inside or outside the property, without their consent. Renters will have the right to reasonably withhold consent if they have evidence of domestic abuse or a genuine fear that publication of material could expose them or their children to abuse. The bill bolsters the consent process by requiring landlords or agents to provide seven days notice before taking marketing photos. Landlords and agents must also seek informed consent before each marketing campaign and not simply rely on prior consent from previous campaigns.

The bill also improves protections with respect to locks and security devices. Currently, renters can change locks without landlord consent if a reasonable excuse applies—for example, if an apprehended domestic violence order excludes a person from the property. However, the law does not currently account for other legal protections. The bill goes further and captures cases where a co-tenant is banned from the property by another type of domestic violence order, a family violence injunction, or bail or parole conditions. Renters will also be permitted to change locks if the alleged perpetrator is not on the lease and the lock change is needed to prevent a domestic violence offence or abuse against themselves, a child or other occupant. These reforms empower victim-survivors with greater control over their safety and privacy.

In a nutshell, the bill represents a multifaceted set of reforms to maximise the safety of renters who experience domestic violence. The changes outlined in the bill are practical, balanced and informed by frontline services and experts. Improving termination rights, protecting renters from unfair liability, bolstering privacy and easing access to a safe home all address the challenges that victims face. The bill builds on the Minns Labor Government's work to prevent violence and enhance the safety of victim-survivors. The reforms in the bill are overdue and will make a meaningful difference to some of the most vulnerable in our community. I commend the bill to the House.