In a speech to the Sydney Institute last week the Hon. Tanya Plibersek, Minister for Housing, outlined the Government’s intention to change the way social housing is structured and coordinated.

The Minister acknowledged that the current public housing stock is not meeting current demands and has fallen behind current needs.  ‘While the needs of people in public housing have changed, the housing system has not’ said the Minister.

The Minister emphasised the need for greater diversity of dwelling types, less concentration of public housing in certain suburbs, and a greater linkage between housing departments and other central support services. Importantly, the Minister acknowledged that government providers at Federal and State levels are not transparent or accountable.

The Minister then went on to outline key elements of the reform agenda. Of particular note was the Government’s commitment to support not-for-profit housing organisations to operate in cooperation with state-run housing authorities. Part of the Minister’s plan includes transferring responsibility for new housing stock to community housing providers.

Other notable elements of the Minister's reform agenda is the development of specialist models of accommodation for special needs groups, ensuring that new housing stock is energy efficient, and creating 'mixed communities' to build social capital and stronger communities in social housing areas. The Minister concluded her speech by committing to single gateways for those in need of public and community housing, but warned that tenants would be expected to make the most of what is on offer to them.

Although effective service delivery is a 'two way street', the Minister should not expect individuals to accept inadequate or inappropriate services. Presenting those in need with an all or nothing option, where individuals are required to accept unsuitable housing offers or return to the bottom of the list, will not go very far to meet the Minister's goals of a ‘flexible, responsive, transparent and enabling system of public housing'.

Regretfully, the Minister’s speech failed to address the gamut of issues presented by alternative forms of crisis housing, including boarding rooms and rooming houses which fall short of adequate housing standards. While the commitment to a much needed improvement strategy for public housing is a step in the right direction, it is important that there is appropriate legislation to establish minimum standards for all rental properties and to ensure a human rights based approach to addressing and reducing homelessness.  The Government must take these additional steps immediately if it is serious about tackling homelessness in Australia. 

Helen Arblaster

Review: Non-family violence intervention order system

In February 2009, the Victorian Department of Justice announced a comprehensive review of the system for non-family violence (currently stalking) intervention orders. As part of this review, the Department of Justice has released a discussion paper and is seeking comments and submissions in response.

The discussion paper outlines the scope of the review, the system for such orders as it currently stands and the problems and issues which have arisen. It also outlines a proposal for a new, more successful system. The specific areas with which the Department of Justice is concerned are:

• the circumstances in which such orders can be obtained (and by whom);
• the extent to which dispute resolution may be useful in these circumstances; and
• how to provide the best protection for vulnerable groups, such as people with disabilities, people with mental health issues, children and the elderly, in situations where the relevant relationship is non-familial.

Other issues identified in the discussion paper include difficulties with providing adequate protection to victims of ‘predatory’ stalking and one-off acts of violence, and issues in dealing with multiple perpetrators and/or multiple victims within the current system. The new system proposed by the Department of Justice would include a clearly articulated rationale for the system, referral pathways to mediation where appropriate, defined grounds for obtaining an order, and additional protection for victims and other vulnerable groups.

Copies of the discussion paper, as well as a template for submissions, can be found on the Department of Justice website. The closing date for submissions is Friday 24 April 2024.

International Women’s Day
In their media release on International Women’s Day, the 8th of March 2009, Homelessness Australia drew attention to the particular plight of homeless women in Australia, who make up almost half the homeless population in the country (approximately 46,000 women).

Domestic and family violence, which primarily impacts on women and children, is a leading cause of homelessness. HPLC, as well as other organisations such as Homelessness Australia, has previously drawn attention to the amount of people being turned away from crisis accommodation services every day, the majority of whom are women and children. Pauline Woodbridge of Homelessness Australia stressed the ‘strength and resilience’ of these women, and emphasised the distance left to cover in addressing their needs as well as the root causes of their homelessness.

Homelessness Australia Website

Federal Government Community Response Task Force
The Deputy Prime Minister’s Office recently released a report on the first meeting of the Federal Government’s Community Response Task Force. The Task Force brings together representatives from the non-profit sector, including those from Mission Australia, UnitingCare Australia, Anglicare Australia, the Salvation Army, St Vincent de Paul and the Red Cross, in order to facilitate direct work with the government about the impact of the current financial crisis on vulnerable Australians.

In the meeting, it was acknowledged that the fallout from the financial crisis is already being felt by a number of non-profit organisations. It has particularly affected homelessness in Australia, with reports that financial hardship is now the main cause of homelessness in Sydney. The importance of providing financial counselling, as well as job education and training, was recognised by the Task Force, as well as the need for decisive measures to support redundant workers and their families. The Government also highlighted an increase in Emergency Relief funding to support the work of the non-profit sector.

Mission Australia’s CEO, Toby Hall, called the meeting a ‘solid start’ and the Deputy Prime Minister’s Office stressed the importance of working together through these difficult times.

  Media Release: Community Response Taskforce Meeting, DEEWR

Social Housing Construction Project

 The Victorian Government is planning to deliver 5000 new public and affordable homes across the State. The Victorian Government is calling for house and land packages as well as other developments that are ready for the first stage of the roll-out.

 The Victorian Office of Housing has developed a set of selection criteria to help guide the allocation of funds for phase one registration of interest. The Minister is calling on developers, builders and the Not for Profit housing sector to come forward with suitable projects that have planning approval or are in the final stages of approval for the first stage of this major building program.

 The criterion includes price and value for money, project delivery, priority areas of interest, accessibility and sustainability outcomes, and demonstrated capacity and experience.

  On line registration - Department of Human Services

Funding Boost for Public Housing Repairs

Stimulus package funding allocated to the maintenance and repair of public housing last month has recently been increased. 

When the measures were first announced in February, the Government committed to repairing 2500 properties nationally which were uninhabited, or which would be lost to public housing.  But by 9 March 2009, the Government had approved proposals for 10,648 properties nationally, as well as minor repairs to a further 37,271.

Federal Housing Minister Tanya Plibersek announced that $99.2 million of that - almost one quarter of the total funding commitment - would go to Victoria.  In 2009 and 2010, Victoria will receive $49.6 million for major repairs on 1623 properties, and minor repairs on about 4000 other properties.

These repair funding initiatives are in addition to the funding provided for building 20 000 new social housing homes, and are part of the $6.4 billion in stimulus package payments which the Commonwealth has committed to public housing over 2008-12.

The Age, Victoria set for $100m public housing boost, 8 March 2025

First report by Raquel Rolnik, newly appointed United Nations Special Rapporteur on adequate housing

In early February 2009, Raquel Rolnik, the newly appointed United Nations Special Rapporteur on adequate housing, issued her report which considered housing issues in the context of the global economic crisis.

The Special Rapporteur identified one of the key drivers of the economic crisis (i.e. the sub-prime mortgage crisis) as being directly connected to issues of housing.  The Special Rapporteur concluded that this reflects some fundamental flaws in international and domestic economic and housing policies.

The Special Rapporteur reiterated the necessity for all States to reconsider and improve such policies, including by developing human rights based public housing policies.  States were called upon to recognise the multiple dimensions and issues of housing, which is more than just a financial asset.

The Special Rapporteur drew attention to the threat that the sub-prime mortgage crisis represents to housing rights, highlighting that the covering of bank losses with public funds will often be at the expense of State programs and development aid for housing and associated social areas.  The impact of the financial crisis on many basic human rights was also highlighted.  For example, the effect of many foreclosures on mortgages has forced families into homelessness, which affects other areas of their life such as employment, health and education.
 
The Special Rapporteur stressed the need for affordable housing to be a priority in the current economic crisis and called for States to encourage and support investment in housing and implement their obligation to protect the right to adequate housing for all.

United Nations Press Release, UN Expert on housing issues report on the financial crisis, 9 March 2025

Human Rights Committee to consider Australia’s application of civil and political rights

The 95th session of the UN Human Rights Committee is currently examining various countries’ domestic application of civil and political rights.  The Human Rights Committee heard from Australia on Monday 23rd and Tuesday 24th March 2009.  Other countries being examined at this session include Chad, Rwanda, Sweden, Croatia, Moldova, Russia, Switzerland and Tanzania.

The Committee will examine reports and submissions provided by the Australian government as well as reports made by non-government organisations such as Amnesty International and the Human Rights Law Resource Centre.  On the basis of these reports and submissions, the Committee will provide concluding observations, including recommendations as to how Australia can better promote and protect human rights.

Following the Committee’s previous concluding observations about Australia, and based on the reports of non-government organisations, it is expected that the Committee will raise the following key issues:

• Inadequate legislative human rights protection;
• Treatment of indigenous people (including native title and various forms of discrimination against Indigenous people, especially within the criminal justice system and the NT ‘emergency response’);
• Issues for migrants and asylum seekers;
• Anti-terrorism legislation;
• Treatment of prisoners; and
• Inequality and discrimination (particularly racial discrimination and violence against women).

Austin v Mayor and Burgesses of Southwark London Borough Council [2009] EWCA Civ 66, CA (Civ Div) (Pill LJ, Arden LJ, Longmore LJ) 16 February 2025

This was an appeal by the brother of a former tenant against an order which stated that the tenancy could not be passed on to him following the death of his brother (the former tenant).  The former tenant had remained in possession of the property as a ‘tolerated trespasser’.  Under s 85 of the Housing Act 1985, the former tenant had a right to apply for the revival of his tenancy immediately prior to his death.  The appellant sought to represent the estate of his brother, the former tenant, and exercise the right to apply to the court for revival of the tenancy. 

The appellant argued that the precedents in this area of law (Knowsley Housing Trust v White [2009] 2 WLR 78 and Brent London Borough Council v Knightley (1997) 29 HLR 857) did not apply and that the right to protection of property under Article 1 of the First Protocol to the European Convention on Human Rights was relevant.

The appeal was unanimously dismissed.  The court held that the right under s 85 of the Housing Act is a personal right that can only be exercised by the tenant and is not an interest capable of being inherited (followed Knightley).  The court rejected the argument under Article 1 of the First Protocol to the European Convention on Human Rights and held that the right to possession held by the former tenant had not been interfered with in this case.  The court stated that “no one has been deprived of anything” as the tolerated trespasser continued to have the rights of a secure tenant until he died.

Homeless win the right to vote in South Australia

Bill Mannalack 

Since the last state election the Housing Legal Clinic and HomelessnessSA have been campaigning, with the help of pro bono lawyers from Minter Ellison, to have the electoral law in South Australia changed to enable homeless people to enrol to vote as itinerant electors.  Hence we are delighted with the recent announcement from the Attorney General the Hon Michael Atkinson that these changes have been made, bringing South Australia into line with all other Australian states. We congratulate the South Australian Government for recognising the rights of homeless people in this way.

The importance of homeless people having a say is also recognised by homeless people themselves.  Research shows that at least 54 per cent of homeless people would like to enrol to vote at elections.

Since 2006, the Housing Legal Clinic with 120 volunteer lawyers has given more than 900 homeless people the right to access to justice.  These and other homeless people now have the right to vote.  Our community will be the better for this.

Home Truths

The Mental Health Council of Australia has launched a landmark report entitled Home Truths: Mental Health, Housing and Homelessness in Australia. The report clearly articulates the links between mental illness and homelessness and the importance of providing people with mental illness access to adequate and affordable housing.

At the launch of the report, Mental Health Australia CEO David Crosbie said “The ‘home truth’ that we must all accept is that successful, sustainable housing for people with a mental illness is not based only on the existence of sufficient homes." He explained "it is also dependent on the availability of mental health care and support that enable people with a mental illness to live and thrive in their communities.”

Mental Health Council of Australia Media Release, MHCA launches Home Truths, 20 March 2025

Homelessness Law and Advocacy Resource Manual

The PILCH Homeless Persons’ Legal Clinic recently launched its Homelessness Law and Advocacy Resource Manual (Manual). The Manual an online ‘one-stop shop’ that provides targeted and practical legal information and assistance to community lawyers and non-legal practitioners such as financial counsellors who work with people experiencing homelessness. 

It covers off on legal topics including:

• human rights and the Victorian Charter
• fines & infringements
• housing & tenancy
• social security
• discrimination
• credit & debt
• victims of crime

The Manual can be downloaded by single chapter and also contains a range of precedent letters and forms for the different areas of law. 

The HLARM is available to the public on the PILCH website at  www.pilch/hlarm.

• PILCH Homeless Persons’ Legal Clinic, Victoria
• Australian Human Rights Commission: Housing, homelessness and human rights webpage
• Australian Lawyers for Human Rights
• Centre on Housing Rights and Evictions
• Council to Homeless Persons, Victoria 
• Homeless Persons’ Legal Service, NSW
• Homelessness Australia
• Homelessness Clearing House
• Housing Legal Clinic, South Australia
• Human Rights Law Resource Centre 
• National Coalition for the Homeless, USA
• National Homelessness Information Clearinghouse
• National Law Centre on Homelessness and Poverty
• National Policy and Advocacy Council on Homelessness, USA 
• NT Shelter
• QPILCH Homeless Persons’ Legal Clinic, Queensland
• Shelter Scotland, UK
• Shopfront Legal Service, NSW
• UN Special Rapporteur on the Right to Adequate Housing
• Urban Justice  Centre, USA
• Youthlaw, Victoria

The PILCH Homeless Persons’ Legal Clinic provides free targeted legal, education and advocacy services to over 700 homeless Victorians each year.  Legal services are provided by pro bono lawyers at 13 crisis shelters, food programs and welfare agencies around Victoria on a weekly basis.  The PILCH Homeless Persons’ Legal Clinic also plays a leading role in national and state-based law reform and public policy activities, which are primarily focussed on promoting and protecting the right to housing and other fundamental human rights of people experiencing or at risk of homelessness.  In 2005 the Clinic was conferred with the National Human Rights Award in recognition of its work in promoting and protecting the rights of those that are marginalised and disadvantaged.

The Homelessness and Human Rights Bulletin seeks to provide updates on programs and events, campaigns and advocacy, publications, research and international news in the area of homelessness and human rights. The Homelessness & Human Rights Bulletin is a must-read for people around Australia who are interested in:

• approaching homelessness in Australia as a human rights issue;
• using human rights and other rights/legal strategies to support people experiencing homelessness; and
• sharing information and collaborating in local, regional, state and territory-wide, and national initiatives that promote a rights-based approach to homelessness.

The Bulletin is intended to be a national publication. If you would like to contribute please email  hplc@pilch.org.au.

Who is on the List?
People on the list include Australian community workers, lawyers, journalists, academics, people who have experienced homelessness, and homelessness government and policy workers.

Who are the List Convenors?

The List Convenor is:

Caroline Adler

Manager/Principal Solicitor

PILCH Homeless Persons Legal Clinic



PO Box 16013

Melbourne 8007
hplc@pilch.org.au

Phone: (03) 8636 4408 
Fax: (03) 8636 4455

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