Royal Commission into Family Violence. Housing Justice Submission

Transcription

1 28 th May 2015 Mim Dineen, Manager Housing Justice 54 Mitchell St, Bendigo Royal Commission into Family Violence. Housing Justice Submission Background Housing Justice is a Bendigo based service of ARC Justice i. Housing Justice provides information, advice, advocacy and support for both private and public tenants. Housing Justice provides advice and assistance to all types of tenants including representation at VCAT through the Consumer Affairs Victoria funded Tenant Advice and Advocacy (TAAP) program. Housing Justice also provides case management for public housing tenants who are at risk of eviction through the Social Housing Advocacy and Support Program (SHASP) funded by the Department of Health and Human Services (DHHS). Submission scope Housing Justice works with people who have experienced family violence (FV) with both the above programs. This submission focusses on the implications of the Residential Tenancies Act 1997 (RTA) and the role SHASP plays in supporting public housing tenants that have experienced/are experiencing family violence. Responses to relevant questions Question Two: Recent reforms and developments to family violence responses 1. The changes to the RTA in 2008 that were specific to family violence has improved the management of tenancies and potential costs incurred when family violence is experienced. Improvements include: Capacity to end a tenancy (following an Interim IVO) Capacity to remove perpetrator from a lease (following final Intervention Order (IVO) Housing Justice- May 2015 Page 1 of 5

2 Capacity for costs due to damages occurred during FV to be attributed to the perpetrator if they are a party to the tenancy agreement. 2. Amendments to DHHS Housing Polices in line with the 2008 RTA changes including prioritising the transfer of a victim. 3. VCAT Family Violence Officer based in Melbourne who is available for advice and secondary consult related to VCAT process and FV matters. 4. Duty Lawyer service at IVO hearings with Lawyers who are familiar with the possible tenancy implications of FV and the specialist services that are available. Question Eight: Gaps, deficiencies in current response including legal Although the RTA changes in 2008 have improved tenancy management, some procedural challenges remain. Some examples include: Separation of jurisdictions and a lack of information about tenancy issues at the Magistrates Court Registry means there is regularly a failure of the tenancy matters being addressed at the time of the IVO determination (whether interim or final) sometimes resulting in delayed VCAT applications and possible greater costs for rent arrears and compensation due to the time lag. This additional legal process (VCAT) to have their name removed from a lease, end a tenancy or remove the perpetrator from the existing lease agreement can enable the perpetrator continued manipulation of the victim through their attendance at VCAT, not providing consent to end a tenancy or not paying rent thus leading to a greater financial impact on the victim. SHASP Case management support SHASP case managers often support clients who are experiencing family violence but remain in the family home. This work can be challenging, walking the fine line of support whilst not making the tenuous situation more dangerous. The reason for referral may be to address financial burden, however the underlying factor could be financial control by a partner. SHASP s funding was cut in 2012 by 38%. This has reduced the program s capacity to support tenants to address issues placing their tenancy at risk including issues impacted by family violence. In a regional context this results in particularly low capacity to service areas with high per capita rates of FV including Echuca, Swan Hill, Mildura and Maryborough. Since the cuts the program s capacity to provide advocacy has been reduced to almost nil. Public housing tenants therefore do not always have access to information and advice regarding their tenancy rights, nor the advocacy to address potential costs incurred due to damages etc. It is not uncommon for the female to be the only tenant listed and thus reducing the financial and maintenance responsibility of the (often) male partner who Housing Justice- May 2015 Page 2 of 5

3 resides at the property, contributing to the complexity of apportioning rent arrears and damage costs if FV occurs. The DHHS policy is not to attribute damage costs to victims of FV, however this requires the victim to be willing to get police reports and also for Housing Support Workers within DHHS to know and follow the policy. Where DHHS policies have not been followed the victim can incur significant property damage costs and being barred from public housing until this is rectified. This can result in the further burden of homelessness, despite the FV victim not being liable for the damage. Case Studies 1. Lisa s* relationship had broken down, so she asked her (then) partner to consent to her being removed from the lease. He refused and resorted to violence. Lisa sought an IVO and didn t return to the house, also informing the Real Estate agent (who later denied this at VCAT). The perpetrator remained in the property for some time, but did then vacate and ceased paying rent, however he did not inform the agent. An order was sought by the agent for abandonment, but was not proven. A subsequent and final VCAT application was made by the agent to claim bond for compensation of rent arrears and cleaning/damage. 90% of the compensation claim was apportioned to the perpetrator as the Advocate Support Worker was able to prove that at the time Lisa vacated the property was in good order (clean). Rent, however, was split 50/50 as the RTA does not allow rent to be apportioned differently. This case was further complicated due to the agent s lack of knowledge on how to manage a FV situation and failure to inform Lisa of the VCAT application. Implications: The RTA provisions assisted Lisa to not incur costs related to the perpetrator s actions once she had left the property. The perpetrator did not attend the review hearing, however had he done, this would have added to Lisa s FV impact the Bendigo Court facility uses one of its smaller courtrooms to accommodate VCAT. There is no security and parties are required to sit in close proximity. Providing victims of FV to attend by video link is often unavailable at smaller courts such as Echuca and Castlemaine or if the Supreme Court is in use in Bendigo. A transfer of the matter to Melbourne to enable a video link creates other barriers. Had Lisa sought assistance at the time of her IVO she may not have incurred the additional arrears or the extensive VCAT review process that took more than 2 months. Housing Justice- May 2015 Page 3 of 5

4 Costs awarded to Landlord for break lease and advertising tend to be attributed to the applicant (victim) because they are the party requesting the break of lease. Had the Real Estate agent been better informed of the appropriate steps related to FV and the RTA the inappropriate abandonment application and subsequent review process would not have been required. 2. Jackie* was referred to SHASP as she was $1500 in rental arrears. The Advocate Support Worker began engaging with Jackie and realised there was emotional and financial abuse occurring with her current partner, Tim*. Tim had been Jackie s partner for just 6 months and was not on the lease. He was spending a large portion of Jackie s money on drugs. When the Support Worker visited he was usually present, and thus limited the capacity to talk with Jackie openly about her situation. Tim also answered Jackie s mobile phone and controlled most discussions regarding the arrears and condition of the property. During this support period Jackie experienced further violence that involved police reports and resulted in a transfer to a transitional housing property. The existing rapport with the SHASP worker enabled immediate support to Jackie and included the following aspects: Advocacy to enable a quick transfer into a transitional housing property. Negotiation with the DHHS Housing Support Officer to identify damages that occurred concomitant with the FV to enable accurate apportioning of costs for damages. This include coordination of Police reports. Involvement in care team meetings to address Jackie and her children s needs. Funding submissions to cover costs such as children s glasses and school expenses to minimise disruptions and the trauma experienced by the children. Funding submissions for costs such as child care to enable Jackie to attend the necessary legal and counselling sessions. Implications: The existing rapport the SHASP Worker had with the tenant enabled timely and coordinated support during the FV experience. DHHS Housing Policies provides some protection to tenants experiencing FV provided those policies are known and followed by staff * Real names have been changed for confidentiality. Housing Justice- May 2015 Page 4 of 5

5 Recommendations 1. Capacity to back-date end of a tenancy to the date of the making of an IVO to avoid costs to victim. We appreciate that this may have a significant financial impact on a landlord, thus alternatives 2&3. 2. Costs awarded against perpetrator including capacity to apportion any rent arrears to the perpetrator as of date of police report/ivo. 3. Provision of brokerage funds for victims to cover costs related to break of lease or rent arrears. 4. Consideration of the relationship between the FVPA within the Magistrates Court and RTA jurisdiction within VCAT to minimise procedural delays. 5. Provision of Housing Advocates or broadened Duty Lawyer services for Family Violence hearings to provide the essential legal assistance including advice or referral for tenancy issues. 6. Greater education to Real Estates regarding the FV provisions of the RTA. 7. Continuation of the VCAT FV Officer role. i ARC Justice is the trading name of the Advocacy and Rights Centre. Housing Justice- May 2015 Page 5 of 5