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However, this research found that high demand and long waiting lists leave many people with nowhere to turn.
The client experiences examined in this research include people sleeping rough, people unable to pay their rent, people sleeping on couches, in their cars and in the living rooms of friends and family.
Clients frequently sought assistance from CCL after relationship breakdowns, family tensions or overcrowding, which made their informal living arrangements untenable.
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Those in private rental accommodation said they faced eviction but had not yet been allocated a public housing property.
Even people in public housing were extremely vulnerable to any changes in their personal circumstances, including unexpectedly high bills or other expenses, or costs associated with repairs or damage, as their Centrelink payments left no room for emergency expenditure.
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The ACT Housing Strategy aims to ‘encourage and promote a housing market the meets the diverse and changing needs of the Canberra community and enables a sustainable supply of housing for individuals and families at all income levels.’2 Addressing homelessness requires a strong public housing system which is able to facilitate the provision of housing assistance to those unable to afford or access other forms of housing.
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Yet this research found that: • there was insufficient public housing for people who were unable to afford or secure other forms of housing; • restrictive housing rules and eligibility criteria often prolonged homelessness or placed people at risk of homelessness; • there was a lack of culturally appropriate housing for Aboriginal and Torres Strait Islander peoples, housing that met the needs of people with disabilities and housing that could accommodate pets; and • the way in which Housing ACT’s rental rebate and property maintenance program was administered often contributed to housing stress and placed tenancies at risk.
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This research also found whilst Housing and Community Services’ Domestic and Family Violence Policy Manual 2015 (Domestic Violence Policy Manual) recognised the impacts of domestic violence and provided clear guidance for responding, in practice, there were numerous examples of where the policy manual had not been applied resulting in, for example, women being pursued for property damage caused by the perpetrator of domestic violence.
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1 Davidson, P., Saunders, P., Bradbury, B. and Wong, M. (2018), Poverty in Australia, 2018.
ACOSS/UNSW Poverty and Inequality Partnership Report No.
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2, Sydney: ACOSS, <https://www.acoss.org.au/wp-content/uploads/2018/10/ACOSS_Poverty-in-Australia-Report_Web-Final.pdf> at 6 2 ACT Government, ACT Housing Strategy ‘Vision and Goals’ (online) <https://www.act.gov.au/homes-housing/act-housing-strategy/vision-and-goals> 5 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 The social security system is meant to be a safety net that can support people when they are financially and socially vulnerable.
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It should reduce their risk of becoming homeless and help them transition to secure housing.
However, overwhelmingly this research found that aspects of the Australian social security system increases, rather than decreases, the risk of homelessness.
These include the: • extremely low rate of Centrelink payments; • tightening of eligibility requirements for Centrelink payments and increasing waiting periods.
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This leaves people without income support, or receiving less than they need to survive; • harsh, and in some cases unfounded, raising and recovery of Centrelink debts; and • onerous and punitive system of mutual obligations leading to payment suspensions and penalties.
The client experiences captured in the project data reveal a direct link between homelessness and their reliance on social security.
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For example, social security recipients receiving Newstart Allowance, a payment which amounts to less than $40 a day, are, for the most part, completely locked out of the private rental market.
Those fortunate enough to be allocated a place in public housing often faced significant challenges maintaining their tenancies.
Clients reported that the Newstart Allowance is insufficient to cover both their day to day expenses and their rent.
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As a result, they fell into rental arrears and accrued debts - placing their public housing tenancies at risk.
The research identified, that the intersection of social security and homelessness was more pronounced for certain demographic groups including single parents, people with disabilities, Aboriginal and Torres Strait Islander peoples, newly arrived migrants, and victims of domestic violence.
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6 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 For example, people with serious and multiple disabilities who did not meet the criteria for the Disability Support Pension struggled to survive on the lower rate of Newstart Allowance.
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People with disabilities were also more likely to struggle to comply with mutual obligations under Newstart Allowance and find the largely automated targeted compliance framework system difficult to navigate.
This meant they were forced to survive without any income when their payments were suspended for breaches.
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Further, with limited disability-accessible public housing available, and virtually no disability friendly crisis accommodation in the ACT, the inadequate and precarious nature of income support for people with disabilities on Newstart Allowance left them even more vulnerable to homelessness.
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This report examines these areas of intersection and makes recommendations for both Centrelink and Housing ACT to better support all members of our community to maintain a decent standard of living, secure a safe and stable place to live, and reduce the risk of homelessness.
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7 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 C. Recommendations Recommendations 1 – 5 pertain predominately to Housing ACT and Recommendations 6 – 9 to the Federal Government 1.1 Lengthy housing wait times Recommendation 1.1.
That Housing ACT accept applications for housing notwithstanding missing information.
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This is essential to enable Housing ACT to have accurate data regarding the number of people seeking public housing, to give an accurate indication of the length of time people are waiting to be housed and reduce the risk of people in need of housing not applying.
Recommendation 1.1.2.
That Housing ACT works proactively with applicants to obtain the necessary documentation and correct any deficiencies in their application in recognition of the vulnerability of people seeking housing from Housing ACT.
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Recommendation 1.1.3 In line with the ACT Government Housing Strategy, that the ACT Government commits to increasing total available public housing stock (by creating new dwellings).
1.2 Prohibitive criteria to be placed on the Priority Housing wait list Recommendation 1.2.
That the Housing Needs Category Determination be amended to include ‘at serious risk of homelessness’ in the Priority Housing criteria and remove the supplementary requirement that an applicant must be able to sustain a tenancy.
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1.3 Requirement to have been a resident of the ACT for six months Recommendation 1.3.
That Clause 9(1)(c) of the Housing Assistance Public Rental Housing Assistance Program 2013 be amended to state that each applicant is resident in the Territory and has been a resident for a period of six months immediately before the assessment date, or otherwise has a strong connection to the Territory community.
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Recommendation 1.4: That the Domestic Violence Policy Manual be amended to explicitly state the six‑month residency requirement will be automatically waived for interstate applicants who have moved to the ACT as a result of domestic violence.
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2.1 Rental arrears due to incorrectly calculated rental rebate Recommendation 2.1.1 That Housing ACT accepts a tenant’s statutory declaration as prima facie evidence of household composition in recognition of the difficulties tenants will often face in obtaining documentary evidence from ex partners and other people no longer living at the property.
Recommendation 2.1.2.
That Housing ACT, on being notified of a reduction in household income, initiates a reassessment of the tenant’s rebate.
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8 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Recommendation 2.1.3.
That Housing ACT’s Rent Rebate Policy be amended to state that where a tenant or household member does not receive a Centrelink payment or receives a reduced Centrelink payment due to failure to comply with their mutual obligations the rent rebate will be reassessed based on the reduced Centrelink payment.
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In the case of no Centrelink income, the tenant should be charged only the minimum rent ($5 per week) during the penalty period.
2.2.
Domestic violence and the rental rebate Recommendation 2.2.1.
That a new section is inserted in the Rental Rebate Policy that Housing ACT should accept a tenant’s statutory declaration as prima facie evidence of household composition.
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This would be consistent with Housing ACT’s policy of accepting “a woman’s personal account of domestic and family violence, including her understanding of its impact and associated safety risks”.
Recommendation 2.2.2.
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Recommendation 2.2.2.
That Centrelink adopts a more flexible approach to accepting information based on the individual circumstances of the social security claimant or recipient in response to the evidence from numerous inquiries that its online systems fail regularly and cause hardship to clients in remote or regional areas, or who are otherwise unable to access the online service.
2.3.
Failing to renew rental rebate application Recommendation 2.3.
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That Housing ACT adopts a policy of proactively contacting tenants prior to their rebate expiry and assisting them to complete the rental rebate application.
2.4.
Rental arrears and financial hardship due to unrectified rental repairs Recommendation 2.4.1.
That Housing ACT prioritises and adequately resources the strict adherence to its legal obligations to make standard repairs within four weeks of notification and make urgent repairs as soon as necessary.
Recommendation 2.4.2.
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Recommendation 2.4.2.
That Housing ACT commits to ensuring all its properties (existing and future) meet minimum energy efficiency standards to reduce the financial burden on already vulnerable tenants in accordance with a reasonable timeline which it makes publicly available.
Recommendation 2.4.3.
That Housing ACT implements a policy of proactive compensation if it fails to comply with its legal obligations.
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For example, if a non‑urgent repair is not completed within 30 days; Housing ACT is obliged to make an automatic rental credit of a set sum to the tenant per day.
The policy rationale behind this reform would be to prevent the externalising of costs to the tenant (who is expending money to deal with the defect) and to build the cost of inaction into Housing ACT’s model of operation.
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3.1 Domestic violence and debt Recommendation 3.1.1 That Housing ACT undertakes internal training on its Domestic Violence Policy with a view to ensuring the policy is applied consistently and a woman’s account of the domestic violence she has experienced is accepted.
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9 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Recommendation 3.1.2: That Housing ACT prioritises ensuring that victims of domestic violence have safe and secure housing, providing tenants with assistance to obtain supportive documents, or additional evidence, where necessary but ensuring this is not a barrier to accessing housing in the first instance.
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3.2 Domestic violence, children, and housing allocation Recommendation 3.2.
That the ACT Community Services Directorate should make the following changes to the Property Size Guidelines and the Domestic Violence Policy Manual: a.
Amend the Property Size Guidelines to add new documents to the list of documents which may be relied upon to prove child contact arrangements.
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These documents could include correspondence from a solicitor or the Federal Circuit Court or Family Court confirming that an individual is in the process of seeking parenting orders that, if made, would result in a child or children spending time overnight with the individual.
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b. Insert a sub-section under “section 3: procedures” in the Domestic Violence Policy Manual requiring that, in circumstances of family and domestic violence and where Housing ACT is presented with the aforementioned document, the Commissioner should exercise discretion and allocate additional bedrooms for children to account for children not currently in a woman’s care.
4.1 Lack of culturally appropriate housing Recommendation 4.1.
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That Housing ACT commits to increasing its available housing stock in light of the number of Aboriginal and Torres Strait Islander families seeking public housing and ACT’s status as a ‘Refugee Welcome Zone’ Recommendation 4.1.2.
That Housing ACT conducts an urgent review of its standard, high needs and priority waiting lists for families requiring larger dwellings, and the length of time these families have been waiting for a dwelling to be allocated and increase available stock accordingly.
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4.2 Universal, accessible housing Recommendation 4.2.1.
That Housing ACT considers that ensuring properties are suitable and accessible for people with disabilities is the highest priority when weighing up policy considerations (such as number of bedrooms etc.)
Recommendation 4.2.2.
That Housing ACT recognises as a fundamental principle that every tenant is entitled to the full use and enjoyment of their home regardless of their disability.
Recommendation 4.2.3.
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Recommendation 4.2.3.
That Housing ACT undertakes spot purchases where there are known deficiencies in public housing stock in order to ensure that people with disabilities are housed in appropriate dwellings in a timely manner.
10 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 4.3 Pets Recommendation 4.3.
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That Housing ACT in recognition of the important role that pets play in tenants’ lives, considers the requirements of a tenant’s pets when determining whether a housing offer is ‘valid.’ 5.
Incarceration and Homelessness Recommendation 5.1.
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Incarceration and Homelessness Recommendation 5.1.
That Housing ACT reviews its policy and practice of interacting with incarcerated tenants to ensure that tenants are not pressured to surrender their tenancies, and to require that Housing ACT staff advise tenants of their right to obtain legal advice before deciding whether to relinquish their tenancy.
Moreover, should a tenant elect to obtain legal advice, Housing ACT should proactively refer them to CCL for independent legal advice.
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Recommendation 5.2.
That the Housing ACT policy be amended as follows: a.
To allow tenants to be absent from their property for a twelve-month period during which Housing ACT maintains the property and ensures that it is secure.
b.
To enable an extension of the twelve-month period to be considered on a case by case basis.
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c. Where an extension cannot be granted, and the tenant loses their tenancy (through relinquishment or eviction proceedings) Housing ACT is required to move their name onto a special register and commence identifying suitable Housing ACT properties between three and six months prior to expected release, with the view of an offer of accommodation being made three months prior to release.
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d. The accommodation offered is suitable to the needs of the tenant and consideration is given to the impact of high density and high crime areas on those seeking to rehabilitate.
6.1 Newstart Allowance is too low Recommendation 6.1.
That the following reforms be implemented: a.
An immediate raise Newstart Allowance by at least $75; b.
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An increase to Rent Assistance payments by 30%; c. That Newstart Allowance be indexed twice per year to wage levels and the consumer price index; d. The Family Tax Benefit should be increased for single parents with older children; and e. Single parents on Newstart Allowance should receive the same minimum $75 increase as single people without children.
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11 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 6.2 Newstart is too onerous Recommendation 6.2 That the following reforms be implemented: Recommendation 6.2.1.
Amend section 3.2.8.50 of the Social Security Guide to include that any family violence must be considered when designing an appropriate job plan (as it is when considering exemptions).
Recommendation 6.2.2.
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Recommendation 6.2.2.
Amend 3.2.11.40 of the Social Security Guide to clarify that ongoing homelessness should be considered as a special circumstance for the purposes of granting an exemption (i.e.
even if the circumstances are not ‘unforeseen and unavoidable’).
Recommendation 6.2.3.
Abolish the Targeted Compliance Framework and punitive compliance mechanisms and replace with tailored support services to assess the strengths and barriers faced by an individual to finding work.
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At a minimum, decisions about compliance, demerits, penalties and exemptions should rest with Centrelink (not Employment Service Providers) and be subject to administrative review.
Recommendation 6.2.4.
Adequately resource Centrelink staff to provide oversight to Employment Service Providers and ensure that they are acting in accordance with the Social Security Guide and exercising their discretion fairly and transparently when making decisions that affect social security recipients.
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Recommendation 6.2.5.
Update training to Centrelink customer‑facing staff in light of any changes made in response to the above recommendation.
7.1 Centrelink debts Recommendation 7.1 That the following reforms be implemented: Recommendation 7.1.1 That section 6.7.3.40 of the Social Security Guide, which outlines the conditions under which special circumstance provisions allow for the waiver of a debt, be amended to include homelessness as a specific factor to be considered.
Recommendation 7.1.2.
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Recommendation 7.1.2.
That section 6.7.3.40 of the Guide to Social Security Law be amended to clarify that a history of family and domestic violence must be considered in relation to debt waiver, particularly where a person has accrued a debt under duress or coercion, and consequently statements or representations may not constitute ‘knowledge’ by the debtor.
Recommendation 7.1.3.
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Recommendation 7.1.3.
That Centrelink amend its policy to allow for the reduced debt withholding arrangement to continue uninterrupted where the person states there has been no change in their financial circumstances.
12 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 7.2 Robodebts Recommendation 7.2.
That the system of averaging ATO reported annual income across 26 fortnights immediately ceases.
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However, while Robodebt system continues to operate, we recommend the following: a. b. individuals who receive Centrelink debt notices are given more information about the basis of the debt, including copies of their debt schedule setting out their alleged overpayments across each fortnightly payment period; if there is insufficient evidence to prove the debt, that the Department refrains from raising a debt or taking any debt recovery action until such evidence is obtained by the Department using its power to request information directly from financial institutions; c. The recovery of old debts should not be pursued especially where these debts allegedly accrued more than 6 years ago, particularly in cases where it is obvious that the person is of old age, suffering from ill health, living with disabilities or in an obvious state of hardship; d. The Robodebt system should not be used for people Centrelink has flagged as vulnerability indicated; and e. Compliance officers and external debt collection agencies chasing recovery of social security debts, should be trained in communicating with vulnerable people so they can demonstrate greater understanding and compassion when pursuing debts from vulnerable people.
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8.1 Income Maintenance Periods and Compensation Preclusion Periods Recommendation 8.1.1 That the following reforms be implemented: i.
Improve awareness of Income Maintenance Periods by requiring employers to report all cases of redundancy to Centrelink (or at least those which might involve a large lump sum and longer than average Income Maintenance Periods); ii.
Explore options of flagging high risk Compensation Preclusion Period matters (e.g.
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those involving individuals where there is knowledge of pre‑existing gambling or drug/alcohol addiction) and facilitate proactive outreach; iii.
Re-examine the role of employers and lawyers in intervening early and raising awareness around the purpose and responsibilities of managing a lump sum, and its relationship with the income support system; iv.
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Improve information and financial guidance for people with lump sum payments, perhaps through the development of tailored information products (for use by existing outlets of financial information e.g.
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the Financial Information Service and MoneySmart); and v. Reconsider Centrelink’s communications strategy in relation to Income Maintenance Periods and Compensation Preclusion Periods to include more regular and informative communications, Easy English and using wording and framing that applies behavioural insights.
13 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Recommendation 8.1.2.
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Amend the ‘Straitened (sic) financial services’ section 4.13.4.20 of the Social Security Guide to include under ‘general principles’ that in circumstances where the lump sum payment is used to pay off debts/arrears or immediate, unavoidable bills this should not count against an applicant seeking a full or partial waiver of their Income Maintenance Period or Compensation Preclusion Period as failure to pay off debts/arrears further entrenches poverty and increases the risk of homelessness.
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Recommendation 8.1.3.
Amend the ‘Compensation Part of Lump Sum 50% Rule’ section 4.13.2.30 of the Social Security Guide to exclude any debts/arrears raised against the applicant from the calculation of preclusion periods in order to avoid entrenching the applicant’s hardship.
14 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Recommendation 8.1.4.
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Insert into section 4.13.2.30 of the Social Security Guide that consideration be given to full or partial waivers of the Compensation Preclusion Period in circumstances where the injury attracting compensation is not the sole basis on which the claim for social security is made.
8.2 Newly Arrived Residents Waiting Period Recommendation 8.2.
That the Newly Arrived Residents Waiting Period, especially for Special Benefit which is designed to be a payment of last resort, be removed or at least reduced.
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8.3 Unemployment Non-payment Periods Recommendation 8.3 That the Social Security (Administration) (Ending Unemployment Non-Payment Periods — Classes of Persons) (DEEWR) Specification 2009 (No.
1) be amended to include individuals experiencing domestic and family violence as a specific class of persons for whom unemployment non‑payment periods can be terminated.
9.
New Zealand Residents Recommendation 9.
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9.
New Zealand Residents Recommendation 9.
That the Federal Government review the particularly harsh treatment of New Zealand permanent residents living in Australia who experience a substantial change of circumstances and find themselves in extreme financial hardship, enabling them to access Special Benefit where there has been a ‘substantial change of circumstances beyond their control’ so they are treated equitably with newly arrived migrants.
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15 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 D. Project Background, Aims and Methodology i.
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PROJECT BACKGROUND In August 2018, NSSRN published its research report, ‘How well does Australia’s social security support victims of domestic violence’ (domestic violence research report).3 This report resulted in changes being made to the Social Security Guide4 in January and March 2019 to improve access to support for people experiencing family and domestic violence.
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One of the most striking observations from the domestic violence research report was the high proportion of cases that involved clients experiencing or at risk of homelessness.5 The domestic violence research report also made recommendations which, if implemented, would contribute to a reduction in homelessness.
It recommended reviewing the Newly Arrived Residents Waiting Period and increasing the Crisis Payment.
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It further recommended that Centrelink put in place proactive strategies to identify people not receiving the Family Tax Benefit payments and to assess their eligibility for the Child Support exemption.
This research report builds upon the work of NSSRN’s domestic violence research report.
It examines the link between social security measures and homelessness in depth and across all client demographics.
II.
PROJECT AIMS The two central aims of this research report are to: 1.
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Contribute to the existing body of research about the ways in which the social security and public housing systems may prolong or contribute to homelessness; and 2.
Develop a set of recommendations to reform the legislation, policies, rules and processes of both Housing ACT and Centrelink to reduce the risk of homelessness amongst vulnerable people.
III.
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III.
PROJECT METHODOLOGY The primary research for this project involved an analysis of all client advice files produced by CCL’s Social Security and Tenancy program (SS&T program6) between 1 July 2018 to 30 June 2019 (the project period).
During the project period the SS&T program assisted 567 unique clients.
Lawyers frequently assisted these clients on multiple occasions with multiple different legal issues.
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The information reviewed included legal advices, task assistance services (the completion of a one off and discrete piece of work) and casework.
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3 4 5 6 Cameron, Sally, National Social Security Network ‘How well does Australia’s social security support victims of domestic violence’, (NSSRN Domestic Violence Report) August 26 2018 <http://www.nssrn.org.au/briefing-paper/family-violence-research/#media> Social Security Guide, Australian Government, released 20 September 2019 < https://guides.dss.gov.au/guide-social-security-law> NSSRN Domestic Violence Report, above n2.
This was the case in over 60% of cases examined.
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This was the case in over 60% of cases examined.
The SS&T program includes Housing Law, Social Security Law, Socio-Legal Practice Clinic, Dhurrawang Aboriginal Human Rights Program and the ACT Civil and Administrative Duty Lawyer services.
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16 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Client experiences during the project period were categorised according to whether they involved an active Housing ACT tenancy, an application for public housing or neither (in which case they were considered outside of the scope of the research).
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They were further categorised according to whether they were in receipt of a Centrelink payment, had applied for a Centrelink payment, or needed assistance with a debt or appeal regarding a Centrelink payment.
Finally, demographic information such as age, ethnicity, parenting status, gender and homelessness status was collected.
Primary research was supported by a forum discussion with CCL staff members and individual interviews with CCL lawyers working in the SS&T program.
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Feedback was collected from six solicitors working in the areas of housing, homelessness, social security and disability discrimination.
This feedback has been integrated into the report.
Primary research was supported by a literature review of recent Australian research, a review of Centrelink and Department of Human Services’ resources, a review of Housing ACT policies and other data (such as statistics) relating to homelessness, domestic and family violence, poverty and social security.
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Information identified during those reviews is included in the body of this report.
For ease of communication, the report has broadly been divided into two sections – the first focusing on issues pertaining to Housing ACT, and the second to Centrelink.
NSSRN hope to expand this research in the future, leveraging the experience of its members organisations to examine the impacts of the social security and public housings, and their intersection with homelessness, nationwide.
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17 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 E. Who is at Risk of Homelessness?
This research examined the experiences of 567 CCL clients who sought legal help about public housing, social security and homelessness.
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An analysis of the demographics of those 567 clients revealed that: Demographic Aboriginal or Torres Strait Islander Survivor of Domestic Violence Single Parent incarcerated Mental Health or Disability Female Refugee or recent arrival 81 = 14.3% 69 = 12.2% 168 = 29.6% 19 = 3.4% 115 = 20.3% 351 = 61.9% 14 = 2.5% Each of these categories represents an overrepresentation of that demographic in the broader ACT community.
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Particularly significant is the overrepresentation of Aboriginal and Torres Strait Islander peoples who make up only 1.9% of the general ACT population but 14.3% of the client base seeking advice about public housing, homelessness and Centrelink.
The overrepresentation of people who have been recently incarcerated was also pronounced, with advice being given to 19 individuals during the project period (from a total prison population at the Alexander Maconochie Centre of approximately 490 people).
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There is also an overrepresentation of women, single parents and survivors of domestic violence.
This is unsurprising considering extensive research which has found that domestic violence is the leading cause of homelessness for women in Australia,7 and NSSRN’s recent domestic violence research report.
The prevalence of mental health conditions and other disabilities was also marked amongst the sample.
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One in five of the clients who sought legal assistance from CCL during the project period identified as having a disability or a mental health condition.
This is consistent with research that identifies a two-way causal relationship between poor mental health and housing insecurity or homelessness.8 Anecdotally, many of the advice and case notes reviewed in writing this research report included instructions from clients that their housing situation exacerbated their mental health conditions.
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These demographic statistics are useful in highlighting some broad trends but should be treated with caution due to the limited, self-selected sample of individuals who sought the assistance of CCL.
7 Australian Institute of Health and Welfare, Domestic & family violence & homelessness 2011–12 to 2013–14.
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Web Report (3 February 2016) Australian Institute of Health and Welfare; NSW Women Refuge Movement and the UWS Urban Research Centre, ‘The impact of housing on the lives of women and children post domestic violence crisis accommodation’ (Report, the NSW Women Refuge Movement and the UWS Urban Research Centre February 2009) < http://www.uws.edu.au/__data/assets/pdf_file/0011/69590/Microsoft_Word_-_Finalreport.pdf> 8 The Australian Housing and Urban Research Institute (AHURI), ‘Journeys Home Survey’ 8 July 2019, Web Report <https://www.ahuri.edu.au/policy/ ahuri-briefs/understanding-links-between-mental-health-housing-homelessness> 18 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 1.
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Housing ACT, Centrelink and Homelessness Data extracted from CCL client files showed a strong correlation between the receipt of social security payments and residence in public housing and/or homelessness.
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An examination of the 567 clients’ matters who sought legal assistance from CCL’s programs between 1 July 2018 and 31 June 2019 showed: Currently homeless 93 (does not include people who have secured ongoing, though temporary, accommodation in refuges or crisis accommodation although arguably these clients are also homeless) Currently living in public housing Not currently on a public housing waiting list but seeking to be Reliant on Centrelink or seeking assistance to obtain Centrelink 331 62 394 Clients who relied on social security payments as their primary source of income consistently reported being unable to enter the private rental market due to their financial insecurity.
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This left them with limited options - crisis accommodation, informal living arrangements with family or friends, or securing a place in public or community housing.
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Clients seeking access to public housing faced numerous barriers to securing and maintaining tenancies with those frequently arising in the client matters over the project period including: Lengthy wait times for public housing allocation, barriers to entry for some of the most vulnerable members of the community, Housing ACT properties being kept in poor condition and issues regarding the rental rebate and rental arrears.
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Further it was clear that the demand for housing is far greater than available stock at any given time.
This, and other policy settings, has contributed to the significant barriers that people face when trying to access public housing in the ACT.
1.1 LENGTHY WAIT TIMES The Housing Assistance Public Rental Housing Assistance Program 2013 (the Program)9 sets out the administrative processes governing Housing ACT tenancies and applications for housing in the ACT.
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This is a Disallowable Instrument made under the Housing Assistance Act 2007.
In the ACT public housing is provided and managed by Housing and Community Services ACT (Housing ACT) a branch of the Community Services Directorate which is responsible for a wide range of service delivery and policy functions in the ACT.
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9 Housing Assistance Public Rental Housing Assistance Program 2013 (No 1) (ACT) < https://www.legislation.act.gov.au/View/di/2013-52/current/ PDF/2013-52.PDF> 19 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 The Needs categories and the criteria for allocating an application to a category are set out in the Housing Assistance Public Rental Housing Assistance Program (Housing Needs Categories) Determination 2011 (No 2) (Housing Needs Category Determination).
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There are three public housing waiting list categories: Standard, High Needs and Priority.
An approved application will be placed on the waiting list in the Standard Category, unless the applicant is able to demonstrate a more urgent need.
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To be placed on the High Needs list an applicant must demonstrate ‘significant needs that cannot be resolved by any reasonable means other than the provision of public housing within a reasonable time frame.’ To be placed on the most urgent list, Priority, an applicant must demonstrate ‘exceptional, urgent and critical needs that cannot be resolved by any reasonable means other than the early provision of social housing.’ For those on the Priority list, an offer of housing is made on a needs basis (rather than in the chronological order of the assessment date which is used for the other two categories).
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Initially a time frame of 90 days was set for allocating applicants in the Priority category, but Housing ACT no longer offer any time frame because economic conditions have led to a large increase in Priority applications without a corresponding increase in housing stock.
The table below sets out the ACT Government’s record10 of current average waiting times.
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Application Category Priority Housing High Needs Housing Standard Housing Average Waiting Times (days)11 151 625 1079 The table shows that, except for the Priority Housing wait list, it can take years for an individual to be housed in the ACT even after their public housing application is accepted.
There are refuges and crisis accommodation options offering placements from 2 weeks in duration to 3 months, but numbers are extremely limited.
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In some cases, individuals or families are offered rolling 3-month occupancy agreements while they wait allocation of public housing, however, this is not always the case.
There are also strict limits on eligibility.
For example, most women’s refuges will not accept boys over the age of 12.
Moreover, single men with children can only access crisis accommodation from a limited number of family accommodation services; and the caravan park is prohibitively expensive for stays of any substantial length.
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10 ACT Government Community Services (online) Accessed 23 October 2019 <https://www.communityservices.act.gov.au/hcs/services/social_ housing/waiting_lists> 11 CCL lawyers expressed the view that the waiting times are substantially longer than the ACT Government estimates.
They believe this is because people are ‘falling off’ the waiting lists before being housed.
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On 4 July 2018, the Canberra Times reported that 3000 ACT public housing applicants had been removed from the waiting lists in four years see Daniel Burton, ‘More than 3000 public housing applications removed in three years’ Canberra Times (online) 4 July 2018 <https://www.canberratimes.com.au/story/6015287/more-than-3000-act-public-housing-applications-removed-in-four- years/> 20 HOMEWARD BOUND – SOCIAL SECURITY AND HOMELESSNESS Inquiry into homelessness in AustraliaSubmission 135 - Attachment 1 The Priority Housing list is the only wait list that offers a possible short-term housing option for a person facing imminent homelessness and yet the criteria is strict, and the process is lengthy and onerous.
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This often results in vulnerable people waiting on the High Needs list for prolonged periods increasing their risk of homelessness.
Take the example of Rodney outlined below.
Rodney is a single male with complex and ongoing mental health issues which make it impossible for him to work.
He relies on the Disability Support Pension to buy groceries, access public transport and meet his day to day needs, and cannot access the private rental market.
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Rodney has been living with his brother for the last 2 years.
Due to increased tensions between the siblings, his brother has asked him to leave.
Rodney has been classified as ‘High Needs’ by Housing ACT but has not yet been allocated a house.
Rodney faces imminent homelessness, however, at the time of the publication of this report the average wait time on the High Needs waiting list is over 600 days.
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Another client group that persistently presented to CCL for advice were single mothers who were surviving on a single Centrelink income after domestic violence and relationship breakdown.
The experience of Sally, below, is indicative of the multiple financial pressures faced by women fleeing domestic violence and the lack of real housing options available to them beyond temporary, crisis accommodation which doesn’t offer security or stability for a victim of domestic violence or her children.
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Sally is the single mother of three children.
Sally had been renting privately with the combined income of herself and her ex-partner.
The relationship ended after Sally became the victim of domestic violence.
Sally remained in the property post the relationship breakdown but has been unable to cope financially and now owes over $9000 worth of rental arrears as well as several other debts.
Sally has been issued with a Notice to Remedy and faces eviction.
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Housing ACT placed Sally on the High Needs list, but due to long waiting times Sally is concerned that she has no way to pay rent, repay her substantial rental arrears and faces eviction.
Sally is enduring significant financial hardship and has limited capacity to afford short term accommodation for herself and her children if evicted.
Sally sought help from CCL because she did not know where to turn.
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Sally’s story of domestic violence, relationship breakdown, financial hardship and homelessness was a familiar one amongst the sample examined in the completion of this research report.
21 NATIONAL SOCIAL SECURITY RIGHTS NETWORK AND CANBERRA COMMUNITY LAWInquiry into homelessness in AustraliaSubmission 135 - Attachment 1 Anecdotal evidence provided by CCL lawyers was that, in practice, wait times do not reflect the complete picture.
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In CCL’s experience, Housing ACT refuses on occasion to accept housing applications if they are not completed correctly, and applicants are handed back their applications without a formal decision being made.
This can lead to months of delay as applicants try to gather more information, obtain bank statements and/or correct any deficiencies in the application without assistance.
Questions were also raised by CCL lawyers about how tenants who ‘drop off’ the wait lists (but were not housed) were recorded.
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https://docs-lawep.s3.us-east-2.amazonaws.com/1694232448939.pdf
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Recommendation 1.1.1 That Housing ACT accepts applications for housing, notwithstanding missing information.
This is essential to enable Housing ACT to have accurate data regarding the number of people seeking public housing, to give an accurate indication of the length of time people are waiting to be housed and reduce the risk of people in need of housing not applying.
Recommendation 1.1.2.
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