NESB Housing Taskforce NSW

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Item

Discussion

Action

1. Minute taker

Esther

2. Apologies

Dusko Jakovljevic, Anglicare; Annie Harvey, SSI

3. Minutes of October 2004 meeting

Item 4 (b) Case studies for Rental Bond Board proposal. Mary said she has received a few case studies about discrimination by R/E agents, but not enough to support a submission to the RBB as planned, for a research/training project on discrimination against refugees. Lack of available case studies may warrant a rethink of the project: the project itself could involve the actual gathering of documentation to substantiate the issue. It could be a project for a student to undertake.

Item 4 (d) Training. There were two training initiatives mentioned here. The first was discussed at the last meeting. The second was that the RCOA could consider offering again the training day as done last year at Auburn ACL, with Shelter. There was a waiting list for that day.

Item 4 (g) DOH Antisocial Behaviour Agreements. Chris from TU gave an extensive update on current state of play with Department of Housing new Antisocial Behaviour Agreements (ABAs). DOH has developed a draft policy on the new powers associated with the ABAs. The 2 pilot areas recently announced were Newcastle and Wagga Wagga. These 2 areas are also areas where DOH is implementing a parallel initiative called ‘Specialist Resource Teams’ (SRTs). The SRTs involve preventative strategies, and are intended to support the ABA process as a preventative measure. E.g., when tenancies with problems are identified, SRTs are brought in first to attempt preventative or supportive action. SRTs include referrals to other govt & community agencies who can give support. ABAs are more punitive than supportive and only come in after SRT process exhausted. DOH must complete a no. of steps before it can impose an ABA , including SRT process, Tenancy Tribunal (performance orders), and finally, an ABA can be requested if breach of Tribunal orders proven.

ABAs are now proclaimed in law. Pilot period is 6 months. Given the long process above, it’s possible no actual ABAs may be issued within pilot period. ABAs cannot be applied outside pilot areas until 1 June, when pilot ends.

Background: May 2004: State govt announced new antisocial behaviour strategy on public housing estates, without having consulted peak bodies (e.g. TU, Shelter). Strategy was intended to be both preventative & punitive. Strategy involved changes to Residential Tenancies Act to allow evictions for ant-social behaviour. Main concern of peak bodies is that legislation has inadequate safeguards – evictions can be made if tenant refuses to sign ABA , without adequate scope for discretion by the Tribunal to consider circumstances, hardship, etc.

Questions & discussion: Cheryl Webster asked (1) are there adequate provisions for translating to provide multilingual information/notification about the ABAs? (2) Why were the 2 pilot areas selected, and are they representative of NSW? In responses, Chris commented that (1) the legislation only requires written notification, but says nothing specific about the tenants being able to understand the notice. Wafa Zaim asked if clients can request translations in their own language. This sort of request would be governed by DOH’s EAPS policy, but is not specified in the legislation relating to ABAs. Definitions of anti-social behaviour: legislation does not provide a complete list of all behaviours.

Item 5 Auburn Humanitarian Network proposal. The Auburn Humanitarian Network (AHN) proposal involved a few different elements, one of them relating to uses of old DOH stock/site @ Villawood.

Item 4 Refugee Council paper on housing needs. The draft paper is on Shelter website (NHT/Resources). Lucy has asked NESB HT for comments. It was thought desirable to then make the paper available to all NGO peak bodies dealing with housing.

Cheryl reported that the African Settlement Needs (ASN) meeting on 9 November had deferred the planned focus on Housing in order to stay with Employment issues for a bit longer. ASN would like to receive a report back on Housing issues from NESB HT.

Item 5 (1) Department of Housing Tenancy Guarantees. Gamal distributed an information sheet. The $1000 guarantee is an extra safeguard for the landlord and is intended to improve access for people who have difficulty getting into the private rental market. But Chris said the TU has identified risks, primarily that if a tenant covered by the guarantee leaves a tenancy during their first twelve months there is a risk that damage claims could be made by the landlord and claimed from the $1000, even if the claims were not legitimate. This leaves the tenant with a debt of that sum to the DOH.

Item X. Other DOH issues: Eligibility of TPV holders for Rentstart. Mary mentioned that DOH advice on this question is inconsistent, with various sources within the dept giving conflicting advice.

Item 4(d). Merryn to follow up re the first. Lucy to follow up re the second, including contacting Emira at ACL.

Keep ABAs on agenda. Report back at next meeting on impact on tenants, from Chris (TU). NESB HT to raise concerns re ABAs identified here at next DOH Consultation, esp. asking how they can match their commitments under EAPS to the implementation of the legislation.

Item 5. Defer further discussion to next meeting.

Mary to contact NSW Federation of Housing Associations. They could possibly be invited to speak at next meeting. AHN to be invited too (Joseph is the contact).

FHA would be asked to speak about (a) their role & work in general, & (b) specific ways they can assist refugees.

Item 4. Lucy intends to do some editing of the draft, & will send amended version to Mary for ANT pages on Shelter website.

Item 5(1). Invite Paul Davey, DOH Fairfield , to next meeting.

Item X. Gamal to check on TPV holders’ eligibility for Rentstart.

4. Discussion items & reports

(1) Updating of email lists & agenda. Members can email items to Mary for inclusion in next agenda.

(2) Refugee Support Network (RSN). Lucy asked if a NESB HT member would report to the RSN on housing issues affecting refugees. NESB HT report back is a standing item on RSN agenda. Annie Harvey and Cheryl Webster are two NHT members who regularly attend RSN.

(3) Fact Sheets for Tenants and R/E Agents. Gamal reported that SSI is developing information sheets (a) for real estate agents, promoting refugees as good tenants, & (b) for refugees, giving information on services & entitlements of tenants. SSI would appreciate some feedback – comments to Gamal please. In brief discussion, members commented that the fact sheets would be very useful; and highlighted the importance of emphasizing financial issues to show landlords that refugees CAN meet rent commitments as they have sources of assistance & support.

(4) It was noted that Cumberland Community Housing Association has changed coordinators: Mohammad Ibrahim has replaced Colin. In general, meeting commented that promptly notifying other services of changes of this kind was always a good idea.

(2) Lucy to do NESB HT report back at February 2005 RSN. Lucy to liaise with Cheryl/Annie about regular RSN report back.

(3) Gamal to send draft fact sheets to Mary, who will place them on Shelter web site under NESB HT/Resources. Members can view them there & send any comments/feedback to Gamal.

5. Other business

2005 meeting dates: Next year’s meetings will be bi-monthly at the same time (2.30-4) & venue (Auburn MRC).

Dates are 23 February, 20 April, 15 June, 17 August, 19 October, 14 December.