A decision made by the High Court on May 10 has brought to light the urgent need for the NSW Parliament to amend our criminal law to make women safe in their homes after a relationship breakdown.
In BA v The King, a former tenant was found not guilty of the crime of breaking and entering. The former tenant had kicked down the door of his old apartment when his ex-girlfriend refused to let him in, he shook her, yelled at her, and seized her mobile phone – but because his name was still on the lease, the Court found that he had a legal right to enter and so did not commit the crime of break and enter into the premises.
In response to the urgent need for reform, the NSW Liberals and Nationals have brought a Private Members Bill to reform the Crimes Act and other relevant legislation so that all renters, and particularly women, are protected in the event of relationship breakdown.
"The Parliament must act urgently to protect tenants following breakups," Shadow Attorney-General Alister Henskens said today. "All tenants need protection, especially women at risk of domestic violence."
"Relationships break down, and partners cease co-habiting. But after a breakup, and one partner has moved out, the remaining tenant has a right to quietly enjoy what is now their exclusively occupied residence," continued Mr Henskens.
"This bill will give greater protection especially for women because when relationships breakdown, women are more at risk of domestic violence," Shadow Minister for Women and Shadow Minister for Prevention of Domestic Violence and Sexual Assault Leslie Williams said.
In this matter, it was clear that the relationship had ceased. The man in question had removed most of his possessions and had stopped paying rent for the home they had shared together. His former partner remained living in their old apartment.
"This decision, however, means that this woman – and any others in her position – has no legal right to keep her ex-partner out of their house if his name is still on the lease". Mr Henskens said.
Other jurisdictions deem "breaking and entering" as an element of housebreaking and burglary offences have been replaced with trespass or unlawful or unauthorised entry in response to these complexities.
"This decision reveals that antiquated language in the NSW criminal law has failed to protect women after a relationship breakdown," Mrs Williams said.
"We call on the government to amend s112 of the Crimes Act immediately so that former partners can feel safe in their own homes," Mr Henskens said.
