The legal basis for this hierarchy is questionable.
Overcrowding remains a signifi cant issue in the NT. In 2007, it was estimated that the Northern Territory needed a further 4,000 dwellings to adequately house their present population, with more than 400 houses needed each year for 20 years to keep pace with demand.
The Northern Territory has the highest rate of homelessness in Australia, with a fi gure of 792 per 10,000. This fi gure tripled based on new ABS methodology which includes severe overcrowding in homelessness data.
There is a critical shortage of functional houses in remote communities. There are also long waiting lists for public housing in the cities and regional centres of the Northern Territory.
The housing needs for remote communities are an expensive yet important investment, and are not going to diminish with time. In line with construction of new homes, repairs to old homes and the obligation for ongoing maintenance and repairs will also increase.
Some of these issues were highlighted by the Commonwealth Ombudsman in its June 2012 report titled Remote Housing Reforms in the NT. The most signifi cant issue identifi ed was the lack of accountability between the Australian Government Department of Families, Housing, Community Services and Indigenous Aff airs (FaHCSIA) and Northern Territory Government agency, Territory Housing. Further problems outlined in the report were poor communication, inadequate IT systems and issues with the housing complaints model.
In practical terms legal services that visit remote communities have identifi ed that people need assistance to:
• ensure essential repairs and maintenance work are completed;
• fi nd out how much rent is being paid by the household and how rent is calculated;
• understand their rights and obligations and Territory Housing’s rights and obligations as a landlord;
• make applications for public and remote housing;
• recover rent monies paid to Territory Housing in error;
• obtain compensation for Territory Housing’s breaches of their obligation as landlord under the Residential Tenancies Act; and
• communicate with Territory Housing.
Territory Housing has legal obligations under the Housing Act NT and the Residential Tenancies Act NT which tenants require assistance to pursue due to a combination of remoteness, language and literacy issues, low literacy of concepts of tenant’s rights and obligations.
In summary tenancy is a legal issue. What help is available?
Importantly this growing area of legal need has not been met with increased funding. Darwin Community Legal Service (DCLS) has funding for two tenancy lawyers – these roles are ostensibly at capacity dealing mainly with tenancy issues in the Darwin area. NTLAC is able to provide basic assistance on housing issues as part of their outreach project to a limited number of remote communities.
NAAJA and CAALAS received funding to assist people with welfare rights issues, that is Centrelink matters, following the NTER. NAAJA and CAALAS obtained approval for their welfare rights solicitors to also assist clients with tenancy issues in response to the increasing number of clients seeking assistance with housing issues in remote communities – but the need is overwhelming.
There are also a signifi cant number of systemic issues that have been identifi ed by the legal services and the Commonwealth Ombudsman which require redress, for example the tenancy agreement used by Territory Housing in remote communities is inconsistent with the Residential Tenancies Act in many respects.
Proposal for a Remote Tenancy Legal Advice Service
The emergence of this legal need was identifi ed as early as 2009 and has been acknowledged by all stakeholders.
The Law Society and legal service providers prepared a detailed submission about how this need could be met. The proposal envisages a community-based collaborative service hosted by legal service organisations across the NT.
The Remote Tenancy Legal Advice Service proposes to employ solicitors, fi eld offi cers and advocates with expertise in tenancy matters and will benefi t from in-kind support and associated services provided by the host legal services. Funding for that proposal has not been forthcoming despite increasing demand for legal services around housing issues.
What about administrative review?
It is important to acknowledge that the Northern Territory does not have an independent administrative review tribunal to scrutinize the decisions of NT Government agencies.
People aff ected by decisions of Territory Housing can appeal to the Territory Housing Appeals Board, but the fi ndings of the Appeals Board are not binding on Territory Housing. The remaining avenue of appeal is the inherent jurisdiction of the Supreme Court.
Growing dissatisfaction
The recent report, “Fixing the hole in Australia’s heartland: How Government needs to work in remote Australia” which was facilitated by Desert Knowledge Australia and launched in September 2012, highlights that residents of remote Australia are dissatisfi ed with the way both the Australian and Northern Territory Government deal with them and their issues.
In light of the increased legal need identifi ed by the legal services, the Law Society Northern Territory along with other legal service providers will continue the call for a free, independent, confi dential service and accessible for people living in remote housing in the Northern Territory.
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