Domestic and family violence and tenancy matters

Residential tenancy matters and domestic and family violence

QCAT can support you to file an application regarding a tenancy dispute and/or attend a QCAT hearing if you have concerns about your wellbeing or safety during the process.

We understand that all supporting documents may not be readily accessible, and this will be taken into consideration when you apply.

QCAT may also assist you by:

  1. Providing a secure room for you to sit in prior to or during your hearing.
  2. Deciding if you could attend your hearing via remote means such as telephone or videoconference.
  3. Deciding if you could be represented at the hearing by someone else.
  4. Allocating additional security measures for when you are attending a QCAT location for a hearing.
  5. Discussing with you your options if you have concerns about your address or personal details being made available to other parties to the proceeding or to the public.

If you have any concerns you should contact QCAT to discuss your individual circumstances, as soon as possible PRIOR to the hearing and where possible, provide QCAT with a copy of any relevant Domestic Violence Order.

For matters being dealt with in Brisbane, please contact QCAT Brisbane on 1300 753 288. For matters being dealt with outside of Brisbane, please contact your local Magistrates Court.

Below you will find useful information to help you understand the residential tenancy process and managing lease and bond issues, and any subsequent proceeding.

The Residential Tenancies Authority (RTA) also has useful information for those experiencing domestic and family violence. You can learn more about assistance available for residents experiencing domestic and family violence in a rental property here.

How to keep your address and contact details private when applying to QCAT

Parties who are experiencing domestic and family violence can apply for a non-publication order. This means that if the order is granted by the Tribunal, your personal details such as your address and phone number/s will not be available to the public. If necessary, they will also not be available to any other party to the proceedings.

A non-publication order also prevents publication of:

  • the contents of a document or other material produced to the Tribunal;
  • evidence given to the Tribunal;
  • information that may enable a person who has appeared before the tribunal, or is affected by a proceeding, to be identified.

To apply for a non-publication order, please follow the process here.

How to remove your name from a lease

To request to have your name removed from a lease, you can lodge Form 2 – Application for minor civil dispute – residential tenancy dispute.

The form lists the relevant sections of the Residential Tenancies and Rooming Accommodation Act 2008 that can be used to remove your name from a lease.

In addition to the completed Form 2, please provide all evidence and supporting documentation to support your case.

Please note, you cannot remove another person’s name from a lease, but you can remove your own.

How to apply for a bond refund

To receive a refund of your bond, you need to:

  1. Complete the Residential Tenancies Authority’s (RTA’s) bond refund process. For more information, please contact the RTA.
  2. If this does not resolve the matter, you can lodge a Form 2 at QCAT. There are certain sections of the Residential Tenancies and Rooming Accommodation Act 2008 that can be used, see Appendix 1 of  Form 2.

How to check and remove your name from a tenancy ‘blacklist’ database

A tenancy database is a list where landlords/agents record personal information about tenants who have had specific problems with their tenancies. For example, a tenant can be listed in a tenancy database for amounts owing under a tenancy agreement, objectionable behavior, repeated breaches or domestic and family violence matters.

Examples of tenancy databases where information is kept include:

There are specific steps and information parties must follow in relation to a tenancy database. This includes the listing person advising the tenant in writing and giving details about the proposed listing, or taking reasonable steps to advise the tenant of the proposed listing before the listing can be made.

For further information about the tenancy database and key information you need to know, please visit the Residential Tenancies Authority (RTA) website here.

If you are on a tenancy database list, you can apply to QCAT to make an order to have it removed by filling out a Form 2 or viewing our main tenancy page here.

What happens to your belongings if you leave them behind

The Residential Tenancies and Rooming Accommodation Act 2008 allows people to vacate a property under urgent circumstances and makes provision for storing goods.

See relevant sections:

Residential Tenancies and Rooming Accommodation Act 2008

  • 415, Meaning of urgent application
  • 363, Goods left on premises

Residential Tenancies and Rooming Accommodation Regulation 2009

  • 26, Prescribed value for goods left on premises

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If you don’t wish to attend your hearing in person

You can apply to attend by phone. Please do so as soon as possible once your hearing date is set.

If you would like a support person at your hearing

You can have a support person as long as that person does not speak on your behalf.

If you would like representation, including legal representation, at your hearing

Please complete Form 56 – Application for leave to be represented as soon as possible once your hearing date is set. Leave to be represented is subject to the tribunal’s discretion. Access more information on legal advice.

Please supply as much supporting documentation as you can with this application.

If you would like security at your hearing

If you wish to have security available at your hearing please provide your request in writing by email or post.

If you don't want personal information available to the public or other party

Personal information may include your address or phone number. You can apply for a non-publication order here.

If you would you like your hearing to be closed to the public

QCAT hearings are generally open to the public. You can apply to QCAT to make your hearing a closed hearing by submitting Form 40 - Application for miscellaneous matters.

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If you don’t have all your evidence when you make your application

This should not prevent you from submitting your application. This information can be filed at any time up to three days prior to the hearing.

If you would like to bring evidence to the hearing that has not been provided previously

The presiding QCAT member will decide if this evidence can or cannot be accepted.

If you need an interpreter or other assistance at the hearing

We can find an interpreter for you and offer support for those who are hearing impaired or require a wheelchair. Please let us know your needs as soon as possible before your hearing.

How to seek legal advice and help

If you need to seek legal advice, you can contact a private solicitor, Legal Aid Queensland or a community legal centre.

Other domestic violence support services

Organisation Contact number
DV Connect – Womensline 1800 811 811
DV Connect – Mensline 1800 600 636
Pets in Crisis Program (a collaboration between DV Connect and RSPCA to provide pet care for people escaping domestic violence situations)Please call DV Connect to find out more
Elder Abuse Prevention Unit 1300 651 192
Immigrant Women’s Support Service (Brisbane) 07 3846 3490
Kids Helpline 1800 55 1800
Queensland CourtsYour local Magistrates Court
Queensland Police Please call 000 in an emergency, otherwise, call Policelink on 131 444

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