85ANew tenancy agreement—family violence and protection

85A New tenancy agreement—family violence and protection orders (a) the Magistrates Court has made a protection order; and (b) the respondent is a party to a residential tenancy agreement in relation to premises; and (c) the protected person under the order— (i) is also a party to the residential tenancy agreement; or (ii) has been living in the premises as the protected person’s home but is not a party to the agreement; and (d) either— (i) the order includes an exclusion condition or a condition prohibiting the respondent from being within a particular distance from the protected person; or (ii) the respondent has given an undertaking to the court to leave the premises. (2) The protected person may apply to the ACAT for any of the following orders: (a) an order terminating the existing residential tenancy agreement; (b) an order— (i) terminating the existing residential tenancy agreement; and (ii) requiring the lessor of the premises to enter into a residential tenancy agreement with the protected person and any other person mentioned in the application; (c) an order terminating a residential tenancy agreement or occupancy agreement and granting vacant possession of the relevant premises to the lessor. (3) Each of the following is a party to a proceeding on the application: (a) the protected person; (b) the lessor; (c) the respondent; (d) any other existing tenants. Powers and decisions of ACAT—protection orders Division 6.5A exclusion condition— Act 2016—see that Act, section 39 (4); or Act 2016—see that Act, section 31 (4).