Domestic Violence - ALL0165A

Policy

  
The Department of Housing is committed to reducing the effects of domestic violence by improving people's access to safe, affordable housing.

Persons who are affected by domestic violence are considered to be 'at risk' and therefore eligible for Priority housing assistance or Rentstart provided other eligibility criteria are met.

Any person being subjected to, or recently experiencing domestic violence may apply for housing assistance from the Department of Housing. This includes any member of a household in which domestic violence occurs/has occurred:

• the elderly
• child or young person
• same sex partner
• defacto
• spouse.

To be considered for most forms of housing assistance a person must meet the usual eligibility requirements.

If a person does not meet the Department's eligibility criteria we may provide emergency temporary public housing rental accommodation for up to 3 months.

The Department will ensure that the specific needs of the client are dealt with in a sensitive manner.

Information provided by clients to the Department will be kept confidential. The Department will only disclose information where it is required by law or if the client gives permission for information to be disclosed.

In the majority of cases the victims of domestic violence are women and the perpetrators are men. This is not always the case however and therefore this policy has been written in gender neutral language.

For more information on this policy, look in Entitlement, Background and Business Rules.

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Entitlement

Clients who request housing assistance due to domestic violence can expect that the Department will:

• Respond sensitively to requests for assistance
• Treat the safety and wellbeing of the applicant (and any children and young people that may be part of the household) as the main priority when considering requests for assistance
• Given the need to ensure the safety and security of clients in Domestic Violence situations, not give any personal information about a client, their family, or household members, to another person unless there is a lawful reason. See for example Privacy and Confidentiality (EST0008B) and/or Child Protection Policy (EST0123A).

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Background 

Domestic violence occurs across all groups and cultures. Patterns of violent behaviour can be passed on from one generation to the next. Domestic violence affects the social, emotional and financial wellbeing of women, men and children.

Domestic violence is an abuse of power. It takes a number of forms including:

• Physical assault which includes behaviour, such as pushing and kicking, hitting, punching, use of a weapon or implement to inflict injury or burns, and strangulation. All may cause death. (All acts of physical assault and threats to assault are criminal offences).
• Sexual assault and abuse which includes rape and threats of other violence being inflicted, forced compliance in degrading sexual acts and intercourse, indecent assaults, forced viewing of pornography and sexual harassment. (Sexual assault and threats are criminal offences).
• Emotional, psychological and verbal abuse which is the use of words, language and other controlling strategies to issue orders, threaten, insult, abuse, denigrate and degrade a partner or other household member. The impact is extremely powerful as it destroys self-esteem, undermines confidence and challenges perceptions of reality. Threats to children's safety and others' (including pets) and well-being may also be used.
• Intimidation, threats and stalking including harassing phone calls: following of a person, watching or frequenting in the vicinity of a person's place or residence, work etc.
• Social and cultural abuse which is social isolation inflicted upon a household member or conduct which causes contact with family and friends to be curtailed, controlled or to cease, including forbidding contact.
• Economic abuse including controlling or withholding access to the family's economic resources.

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Children and young people who witness domestic violence may be at risk of serious physical or psychological harm. Government and non-government agencies have a legal responsibility to protect children and young people at risk of harm. For more information see Child Protection Policy (EST0123A).

The Department's response to the housing needs of people experiencing domestic violence is informed by the Statement of Principles agreed to by Heads of Government at the National Domestic Violence Summit in 1997. The principles state that:

• All individuals have the right to be free from violence.
• All forms of domestic violence are unacceptable.
• Many forms of domestic violence are against the law.
• The first priority of any response must be the safety and wellbeing of people subjected to domestic violence.
• Those who commit domestic violence must be held accountable for their behaviour.
• The community has a responsibility to work toward the prevention of domestic violence and to demonstrate the unacceptability of all forms of domestic violence.

In practice this means that clients experiencing domestic violence must be treated with sensitivity and understanding. They will be provided with effective information and advice by client service staff to assist them to resolve their situation. The Department recognises that victims of domestic violence may need time to decide the best course of action for them.

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Business Rules

Referral of Clients and Provision of Information to Clients

Appropriate and effective information will be provided to all victims of domestic violence whether or not they are eligible for housing assistance.

Depending on the victim's circumstances at time of contact with the Department appropriate information about, and referral to the following services will be provided to clients:

• Police
• Legal Services
• Accommodation Options (including Crisis
• Accommodation such as Refuges)
• Centrelink
• any other relevant support and counselling Services (including appropriate Koori medical and legal services).

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Eligibility for Applicants

All applicants seeking assistance on the basis of domestic violence will be required to provide evidence (documentary or other) to support their application. See Evidence to Support an Application for Assistance.

NSW Residents

To be eligible for Priority Housing or Rentstart an applicant must meet the public housing eligibility criteria.

An applicant who is at risk of harm due to domestic violence, but is not eligible for public housing, may apply for Emergency Temporary Assistance (ETA). See the policy on Emergency Temporary Assistance (ALL0070A). Before ETA can be considered Client Service Staff should try to find alternative forms of accommodation for the client.

Emergency Temporary Accommodation may be approved where:

• Refuge accommodation is inappropriate or unavailable
• The applicant is unable to resolve their emergency housing need themselves.

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Inter-State Residents

Inter-State applicants may apply for Priority Housing or Rentstart if they are eligible for public housing and can demonstrate a compelling need to move to NSW instead of finding accommodation in their own State.

Other factors that may be taken into account when assessing an applicant's entitlement to housing assistance are:

• Whether the applicant has family in NSW
• Whether the applicant has an existing support network in NSW.

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Refugees

Refugees who meet public housing eligibility criteria may apply for Priority Housing or Rentstart. See the policies on Priority Housing (ALL0040A) or Rentstart (RES0010A).

Sponsored Migrants and Temporary Residents

Sponsored migrants and temporary residents are not eligible for Priority Housing until their status is resolved. However, they may be eligible for Emergency Temporary Accommodation if they are made homeless due to domestic violence and have no income to rent privately.

If the client can demonstrate that they are able to sustain a private tenancy they may be eligible for Rentstart.

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Eligibility for Existing Tenants and Occupants

Existing tenants and occupants seeking assistance on the basis of domestic violence will be required to provide evidence (documentary or other) to support their application. See Evidence to Support an Application for Assistance.

Existing Tenants - Priority Transfers

A tenant may apply for a priority transfer because of domestic violence. If the situation is life threatening or there is serious violence the tenant will be relocated immediately. This may involve the provision of temporary accommodation while the tenant's longer-term needs are assessed.

The Department will endeavour to allocate a safe property where the tenant will not easily be found by the perpetrator. This means the tenant will not generally be allocated a property in the zone where the perpetrator (or their family) lives. However Client service staff should consider the locational preferences/needs of clients in these circumstances.

In most allocation zones there is a limited stock of dwellings and there are difficulties in relocating tenants numerous times. Therefore a tenant who has recently been rehoused for reasons of domestic violence and who requests another transfer because of domestic violence, may be requested to demonstrate that they are using appropriate support services prior to the request being approved. This is to assist both the client and the Department make appropriate decisions about housing options.

Staff should note however that there may be limited availability of services in some locations (particularly rural locations) or of targeted services (for example for indigenous or Muslim women, or women with disabilities).

Where the tenancy is in the name of the perpetrator and the victim does not wish to relocate because of a need to remain close to established networks and services etc., the perpetrator may be offered alternative public housing accommodation elsewhere or, for example, Rentstart in an effort to provide appropriate housing for all parties.

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Additional occupants

An additional occupant over the age of 18 may apply for priority housing if their personal safety or mental health is at risk due to domestic violence.

An additional occupant aged between 16 and 18 years may be considered for priority housing if:

• Public housing is the best way to meet their accommodation needs, and
• We are satisfied they are able to meet their tenancy obligations.

For more information see the policies on Minors and Housing Assistance (EST0017A) and Child Protection Policy (EST0123A).

If the perpetrator of domestic violence is an additional occupant who refuses to leave the property there are a number of options that the tenant can pursue.

The tenant can notify the Department that they surrender the tenancy of their dwelling. The Department may then issue an application to the Residential Tribunal seeking an order for possession and then execute the warrant to obtain vacant possession. The procedure to be followed should be determined in accordance with the circumstances in each particular case.

If appropriate the Department will provide assurances that the current accommodation will be available to the tenant on removal of the perpetrator or, if the tenant desires, other suitable accommodation will be made available.

Alternatively the tenant may seek an Apprehended Violence Order. This may prohibit or restrict access of the perpetrator to the dwelling.

If a tenant has abandoned the premises and there are trespassers or squatters the Police may be called upon to assist.

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Joint Tenants

In circumstances where a joint tenant wishes to relocate because of domestic violence, they may notify the Department that they surrender the tenancy of their dwelling. This will dissolve the existing joint tenancy. The Department can use this notice as a notice of termination under the Residential Tenancies Act if any application is made to the Tribunal seeking an order for vacant possession.

Where tenants experience the breakdown of a household, separate tenancies can be created for the parties involved provided they meet the housing assistance eligibility criteria. For more information see the policy on Sign-Ups (EST0017C).

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Former Tenants

Former tenants who left their home due to domestic violence may be eligible for immediate reinstatement of their tenancy if they apply to the Department within six months of leaving their home.

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Eligibility Where Outstanding Debt from Previous Tenancy

In assessing eligibility for services of previous or existing tenants, staff should be mindful that outstanding arrears or tenant charges (for damage to property) may have been caused by the perpetrator of the domestic violence either while the victim was resident or following their departure from the home. In these instances Team Leaders can consider writing off outstanding debts.

Given that damage often occurs once the victim has left the premises, an event number from Police cannot always be obtained and is therefore not required.

However, if it has been established that the perpetrator did not cause the outstanding debt, the former tenant should make arrangements to repay the debt.  Outstanding debts from former tenancies form part of a new tenancy agreement and failure to repay or continue repaying former debts can jeopardise a new tenancy. For more information see the Housing Former Tenants policy.

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Evidence to Support an Application for Assistance

Clients seeking Priority Housing from the Department on the basis of domestic violence are required to provide evidence to support their application. Evidence provided does not have to contain explicit details but is required to outline the nature of the domestic violence in order to support the client’s need for housing assistance.

The applicant is NOT expected to produce evidence of violence and lack of visible signs should not be taken to indicate that Domestic Violence has not taken place (some forms of violence leave very little physical evidence).

The Department will accept a range of documentary or other evidence including any of the following:

• A current Apprehended Violence Order (AVO)
• A medical report or medical assessment form
• A letter from:

• the Police
• a solicitor
• a recognised domestic violence service
• a relevant welfare service including refuges and migrant services
• a helping professional - for example, a social worker, counsellor, psychiatrist or psychologist
• a referral letter from DoCS requesting assistance from the Department of Housing.

Documentary evidence will be sought in a sensitive manner having regard to the fact that people are often reluctant to seek help outside their informal support networks.

Documentary evidence must support a request for housing assistance based on the need to escape domestic violence.

Particular client groups such as some women of non-English speaking background and people from same sex relationships may have greater difficulties in providing documentary evidence as a result of cultural issues and availability of services.

If a client is unable to provide supporting documentation and particularly in circumstances where there are concerns about the client's immediate safety a Senior Client Service Officer (Specialist) or Team Leader may interview the client to assess their circumstances.

Alternatively substantiation may be provided either verbally or in writing by reputable third parties which might include relatives, friends, neighbours and local clergy.

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Client Safety

Client service staff must respect the right of a client to pursue or not pursue incidents of domestic violence with the Police. However if there is a serious risk to the client indicated by for example the client stating that the perpetrator is armed and is threatening to use the weapon staff have a duty to report the matter to the Police regardless of a client’s wishes. The client should be informed of this decision.

Under the Children and Young Person's (Care and Protection) Act 1998 the Department is legally bound to report any concerns regarding a child (under 16) or a young person (16-18 years) who is suspected of being at risk of serious physical or psychological harm due to domestic violence.

In cases where children and young people are part of the household and are considered to be at serious risk, it is mandatory that the matter also be reported to DoCS.

For more information see the Child Protection Policy (EST0123A).

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Staff safety

Client service staff should always be mindful of their own safety when visiting households with a history of domestic violence.

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Privacy

Information provided by clients is private. It will not be disclosed to members of the public. The Department will not disclose any personal information (including health information)about a client, their family, or household to another agency unless there is a lawful reason. However, information may be disclosed as permitted by law or with the permission of the client.

For more information see the policy on Privacy and Confidentiality (EST0008B).

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Appealing Decisions or Actions

If a client disagrees with a decision the Department has made, they should first discuss their concerns with a Client Service Officer. The next step if they still believe we made the wrong decision is to ask for a formal review of the decision. For information on how reviews work, the client can ask the Client Service Officer for a copy of the fact sheet ‘Reviewing Decisions’, or go to our web site www.housing.nsw.gov.au to read the Appeals and Review of Decisions (EST0015A).

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