Home Buyer Ex Gratia Relief for Victim-Survivors of Family, Domestic or Sexual Violence

Status: Current  
Updated 4 June 2026 to specify that the scheme applies to contracts entered into on or after 4 June 2026.
View original version released 1 June 2026
Legislation: Stamp Duties Act 1923 | First Home and Housing Construction Grants Act 2000
Date Issued:  4 June 2026

Information Circulars do not have the force of law.

Introduction

The South Australian Government is committed to supporting individuals affected by family, domestic and sexual violence by providing practical assistance to help them re-establish safe housing.

This information circular outlines the eligibility criteria and administrative arrangements for an ex gratia scheme approved by the Treasurer to provide home buyer relief to eligible victim-survivors of family, domestic and sexual violence.

Background

The Treasurer has approved an ex gratia scheme to support victim-survivors of family, domestic and sexual violence who are seeking to re-establish housing security through building another home or purchasing an existing home.

Depending on their situation and transaction type, applicants may be eligible for stamp duty relief and also relief equivalent to the First Home Owner Grant (“FHOG”).

This scheme aligns with similar arrangements in Victoria and the Australian Capital Territory and reflects South Australia’s commitment to supporting vulnerable individuals through equitable access to housing assistance.

Eligibility Criteria

To qualify for ex gratia relief, an applicant must satisfy all of the following:

1. Previous Home Vacated Due to Family, Domestic or Sexual Violence

The applicant vacated the home that gives rise to their disqualification from first home buyer relief at the relevant time, being a home for which first home buyer relief was previously received and/or that constitutes a prior relevant interest, due to family, domestic or sexual violence experienced by the applicant or their dependent child.

For the avoidance of doubt, this criterion applies only to the vacated home and does not permit any other prior homes that would otherwise disqualify the applicant from first home buyer relief to be disregarded.

2. No Material Financial Benefit

Prior to entering into the eligible transaction for their next home, the applicant must not have:

  • received a material financial benefit from the vacated home; or
  • become entitled to receive a material financial benefit from the vacated home.

For the purposes of this criterion, a financial benefit includes (but is not limited to):

  • rent received from the vacated home; and
  • proceeds from the sale of the vacated home, or amounts received (or payable) under a financial settlement, court order or agreement where the vacated home was included as an asset.

An applicant is taken to be entitled to receive a financial benefit only where a legally enforceable right to that benefit exists. Unresolved court proceedings, negotiations, or contingent claims do not, of themselves, constitute receipt of or entitlement to a financial benefit.

Where an application is assessed before the applicant enters into the eligible transaction for their next home, any pre-approval is conditional on the applicant notifying RevenueSA of any change in circumstances (including any receipt of, or entitlement to, a financial benefit from the vacated home) occurring before that transaction is entered into. RevenueSA may reassess eligibility where relevant information changes.

Minor or incidental benefits may be disregarded at the discretion of the Commissioner of State Taxation (the “Commissioner”).

3. First Home Buyer Criteria

The applicant (and, if applicable, their spouse or domestic partner) must otherwise meet all eligibility requirements for stamp duty relief for eligible first home buyers, the first home owner grant, or both in relation to the home they are purchasing or building. This includes living in the new home as a principal place of residence for a continuous period of at least 12 months from settlement or completion of construction.

12-month residence requirement for benefits

If family, domestic or sexual violence prevents an applicant from meeting the residency requirements, they may still be eligible for support.

  • If an applicant is unable to meet the whole 12-month residency requirement, they may be eligible for a variation.
  • If an applicant is unable to move into the home at all, they may be eligible for a waiver so they do not have to pay back first home benefits received.

4. Supporting Evidence

Documents required to support an application for ex gratia relief or a variation to or waiver of the 12-month residency requirement could include:

  • details of an applicant’s previous address, purchase price and ownership details, including whether they have been known by any other name
  • details of any financial settlement with an applicant’s previous partner after the relationship ended
  • a declaration, such as an affidavit or statutory declaration, confirming relevant details
  • any other supporting information demonstrating that an applicant has experienced family and domestic violence, which may include:
    • a copy of an intervention order;
    • a police report; or
    • a signed report from an authorised professional setting out the basis on which they consider that the applicant experienced family, domestic and sexual violence.

For the purposes of this Information Circular, an authorised professional includes:

  • a legal practitioner;
  • a registered medical practitioner;
  • a psychologist;
  • a social worker;
  • a person working for a family and domestic violence support service or a sexual abuse support service; or
  • a family and domestic violence case manager.

Relief Available

Subject to meeting the relevant eligibility criteria, applicants may receive ex gratia relief equivalent to:

  • full stamp duty relief on the purchase of a new or established home, or the purchase of vacant land upon which a home will be constructed; and
  • the first home owner grant (in relation to the purchase or construction of a new home only).

Applicants purchasing an established home (i.e. a home that has previously been sold or occupied as a place of residence) will only be eligible for stamp duty relief (subject to the criteria set out above). Relief equivalent to the FHOG is only available for new homes.

Lands Titles Office fees, including those associated with property transfers and registration requirements, remain payable and are not covered by this ex gratia scheme. Applicants should ensure they make provisions for these fees when planning their transaction.

If an applicant’s circumstances fall outside the eligibility criteria outlined in this information circular, or if they are unsure whether they meet the requirements, applicants are encouraged to contact RevenueSA for guidance. Each situation will be considered on its individual merits, and discretion may be exercised where appropriate to ensure fair and compassionate administration of the scheme.

Administration

The Treasurer has delegated authority to the Commissioner to assess applications and make ex gratia payments under this scheme.

Applications will be considered on a case-by-case basis, with discretion applied to ensure fairness and sensitivity to individual circumstances.

The timing of ex gratia payments depends on the transaction type and is intended to align with the standard process for applications for stamp duty relief for eligible first home buyers and the FHOG.

Confidentiality and Information Handling

RevenueSA recognises the sensitive nature of information provided by applicants under this scheme and the heightened risk associated with family, domestic and sexual violence contexts.

Information collected for the purposes of assessing eligibility will be handled in accordance with applicable confidentiality, privacy and secrecy obligations, and access will be limited to officers directly involved in administering the scheme.

Supporting documents will be used only for the purpose of assessing eligibility and administering relief, and reasonable steps will be taken to ensure information is stored and managed in a manner that minimises risk to applicants’ safety and privacy.

How to Apply

To apply for ex gratia relief, an application along with supporting documentation as outlined above is to be lodged with RevenueSA.

An application should be addressed to:

stamps@sa.gov.au

Commissioner of State Taxation
RevenueSA
Kaurna Country
GPO Box 1353
ADELAIDE  SA  5001

Applications should be lodged with RevenueSA within 12 months of the date of settlement or completion of construction.

Date of effect

This information circular takes effect from 4 June 2026.

Further Information

Further information about stamp duty relief and the first home owner grant is available at the following RevenueSA webpages:

Stamp duty relief for eligible first home buyers page
First home owner grant page

View this Information Circular as PDF (PDF 215KB)