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What does DCJ do when a complaint is received?

If DCJ receives a complaint relating to a breach of tenancy agreement for antisocial behaviour, DCJ will investigate the matter.

DCJ may contact the complainant to gather evidence of the claims being made and may speak with other witnesses and agencies, including NSW Police.

DCJ will contact the subject of the complaint by writing to them and inviting them to attend a scheduled interview to discuss the allegations.

The tenant accused of the antisocial behaviour will be provided the opportunity to reply to the allegations made against them and DCJ will determine, based on the investigation and evidence provided, whether or not the complaint is substantiated.

DCJ will then respond to both the complainant and the accused tenant notifying them of the action DCJ has taken. This may include issuing a Warning Notice, issuing a Strike Notice or taking action through the NSW Civil and Administrative Tribunal (NCAT) to seek termination of the Tenancy Agreement.

If DCJ determines that the alleged antisocial behaviour is a neighbourhood dispute, we may recommend a referral to a Community Justice Centre. Where appropriate, DCJ will refer tenants to a relevant support service to help them modify their behaviour.

If three Strike Notices are issued within a 12 month period, DCJ may take action at the NCAT to end the tenancy. If the type of Antisocial Behaviour is considered Severe Illegal Behaviour or Serious Antisocial Behaviour, DCJ may take action at the NCAT to end the tenancy.

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Last updated: 29 Oct 2020