This background study was undertaken to better understand the Australian legal context within which victims/survivors of family and domestic violence (FDV) manoeuvre in order to stay, to leave and to find new housing.

This report was commissioned in acknowledgement of the fact that, in 2015–16,some 106,000 people experiencing FDV sought assistance from homelessness agencies across Australia (Australian Bureau of Statistics 2018). These statistics remain of concern, with the Specialist Homelessness Service (SHS) Annual Report 2019–20 noting that 119,200 SHS clients had experienced FDV, equating to 41 per cent of all clients (AIHW 2020). Indeed, women and children experiencing FDV are a national priority group
pursuant to the National Housing and Homelessness Agreement, which came into effect on 1 July 2018 (DSS 2020). At a Commonwealth and state and territory government level, the National Plan to Reduce Violence against Women and Their Children 2010–22 aims to ‘strengthen safe and appropriate accommodation options and supports for women and their children escaping violence, including specialist women’s services’ (COAG 2011). Under the National Plan, the Commonwealth, state and territory governments agreed there was a need to undertake a national survey to inform the development of national tenancy principles. This research is in response to this acknowledged need.

In undertaking this project, the research team set out to collect data and produce a report that:
• identifies common or ongoing issues with current tenancy laws experienced by women and their children who are experiencing violence and are seeking to leave the abusive relationship
• identifies any common elements within tenancy laws or practice that assist women and their children who are looking to leave an abusive relationship
• enables the development of a more comprehensive overview of tenancy-related issues across Australia, and
• includes proposals for national principles for residential tenancies legislation to progress Action 3.3(e) of the Third Action Plan (2016–2019) of the National Plan to Reduce Violence against Women and Their Children.