NSW Gov
The Minns Labor Government is closing a legal loophole to better protect victim survivors of intimate partner violence and make it easier to prosecute domestic violence perpetrators for certain offences.
The reform ensures perpetrators who are intent on harming their current or former partner will not be able to hide behind a lease or joint ownership agreement to avoid break and enter charges.
Under legislation being introduced to NSW Parliament today, perpetrators who no longer reside at a premises will be able to be prosecuted for breaking and entering regardless of their legal or equitable interest in it.
This will apply in circumstances where a perpetrator who is no longer an occupant commits or intends to commit a personal violence offence against their current or former partner.
The reform responds to the 2023 High Court judgment in BA v The King which found a defendant who forcibly entered his former partner's home and committed an assault could not be prosecuted for breaking and entering because he was still named on the lease despite having moved out.
The Government is also changing the law to ensure an accused will no longer be considered an occupant if an Apprehended Violence Order, a court order, bail condition or parole stops them from residing there or requires them to live elsewhere.
The legislation has been carefully crafted in consultation with legal stakeholders and advocates to ensure it does not disadvantage victim survivors including those attempting to return to a property to collect their belongings.
This is the Minns Labor Government's latest reform to strengthen protections for victim survivors of domestic violence following previous changes including:
- Introducing some of the toughest bail laws in the country for perpetrators of domestic and family violence
- Ensuring those who are bailed are electronically monitored by Corrective Services NSW
- Strengthening penalties for serious, repeat breaches of Apprehended Domestic Violence Orders
- Bringing in Serious Domestic Abuse Prevention Orders to allow for the strictest possible supervision and monitoring of perpetrators.
The Government is determined to provide the strongest possible legal framework to ensure the safety of victim survivors and hold perpetrators to account.
Legislative reform such as this further support other measures in place for victim survivors of domestic violence such as the Staying Home Leaving Violence program which removes the perpetrator from the family home so women and children can stay in their community.
Attorney General Michael Daley said:
"This reform closes a gap in the law and strengthens protections for victim survivors of domestic abuse.
"It means perpetrators who no longer live with their current or former partner won't be protected when it comes to breaking and entering even if they are still on the lease.
"This narrowly crafted provision will help prevent harm and violence without disadvantaging victim survivors."
Minister for the Prevention of Domestic Violence and Sexual Assault Jodie Harrison said:
"With these changes, the Minns Government is making sure perpetrators are held to account, and not escaping liability due to a legal loophole.
"We're ensuring the law will protect victim-survivors who continue to live in a home that was previously shared with the perpetrator, if they return to cause harm.
"We continue to listen to the sector, victim-survivors, advocates and experts about how we can strengthen our responses, and work towards reducing the rate of domestic and family violence in our state."
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