The list of competent persons now includes registered health practitioners with general or specialist registration under the Health Practitioner Regulation National Law (NSW) across various health professions. Additionally, employees of NSW government agencies working in child protection, as well as those in non-government agencies receiving government funding for domestic violence-related services, are now eligible. Approved counsellors under the Victims Rights and Support Act 2013 and social workers who are members of the Australian Association of Social Workers are also recognized as competent persons

This declaration, one of four accepted forms of evidence for tenants, allows them to terminate their tenancy without penalty. The expansion aims to address concerns that victims of domestic violence might be reluctant to engage with the police or the justice system, providing them with an alternative means of seeking assistance

Competent persons, comprising health practitioners, social workers, and child protection/domestic violence support service professionals, are entrusted with the responsibility of declaring a tenant or their dependent child as a victim of domestic violence. Their role extends beyond making declarations; they are encouraged to proactively inform their clients about the available protections, empowering victims to escape domestic violence within a rented home.

Competent persons must have consulted with the tenant or their dependent child in their professional capacity. By signing the declaration, they provide evidence based on their professional assessment of the tenant's or dependent child's status as a domestic violence victim. Importantly, competent persons are not obligated to make a declaration, and if not satisfied, they should refrain from doing so.


Knowingly providing false or misleading information in connection with a declaration is an offense. The competent person must not make a declaration if they are not satisfied that the tenant or their dependent child is a victim of domestic violence. However, suppose the information used at the time of making the declaration is later found to be false or misleading, and the competent person was unaware of this. In that case, it does not constitute an offense.

Competent persons are required to keep the information in the declaration confidential and secure. They are authorized to collect, hold, use, or disclose personal information about the domestic violence offender, excluding any direct contact with them.

The process involves two distinct declaration forms: one for the tenant and another for the tenant's dependent child. Each form must be completed with meticulous attention to detail, including tenant and dependent child details, information about the domestic violence offender, and the type of relationship between the tenant and the offender.

The expanded access to domestic violence declarations reflects a commitment to a more inclusive and supportive approach. Empowering a diverse group of competent persons to issue declarations enhances the avenues available for victims to seek assistance and terminate their tenancy without penalty, fostering a safer environment for those affected by domestic violence.