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Legal Studies Trials Homelessness Essay - Shelter Introduction : Homelessness is ultimately perceived as the state of an individual without accommodation and shelter which ultimately makes a home. Despite the broad term of ‘homelessness’, Australian Federal Law through Section 4 of the Supported Accommodation Assistance Act 1994 (Cth), defines it as “inadequate access to safe and secure housing”. Recently, it has become prominent within Australia and is often seen as an underlying issue, and is not seen as an issue of priority within the Australian community. It is evident that there has been minimal reform or support by the government, and the attached stigma of homelessness in society ultimate contributes to the severity of this issue. This has ultimately been revealed through the continual rise in the rate of homelessness over the last few years. The 2011 Census and the Census of Population and Housing reveal that there was 105,237 homeless individuals in Australia, 56% being male, and 44% female. It has been speculated that the causes of homelessness such as domestic violence, family and relationship breakdowns, financial difficulties and affordability are becoming prominent within our society, therefore the rates of homelessness are further increasing. Homelessness is essentially a breach of an individuals basic human rights, as corroborated through Article 25 of the Universal Declaration of Human Rights; “Everyone has the right to an adequate standard of living”. The growing presence of this issue is a reflection of Australia’s failure to fulfil this international obligation, as signatory to the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, resulting in the eradication of safety and respect for an individual that is ‘sleeping rough’. As a result of this, Australia has implemented various legal and non-legal mechanisms as a means of minimising this issue. It has been proven that these measures are ultimately ineffective due to the fact that there is no legal right to shelter in Australian law, despite it being clearly outlined within numerous international instruments. This is also demonstrated through Australia’s lack of protection for individual rights and it’s inability to meet society’s needs. Legal : ROAD HOME REPORT : As a result of alarming statistics in regards to homelessness, as seen through the 2006 and 2011 census by ABS and ‘Homelessness Australia’, the Australian Government implemented various schemes in order to minimise homeless rates in Australia. The 2008 Federal Government White Paper regarding homelessness - The Road Home : A National Approach to Homelessness was a national plan to deal with homelessness, and committed $1.1 billion dollars to the scene. It ultimately aimed to target and minimise the numbers of homelessness throughout Australia. This report had three strategies which included “turning off the tap” (which involved early intervention to prevent homelessness, which incorporated a policy of ‘no exits into homelessness’, whereby individuals from prison, hospital and mental health services where provided with accommodation, thus protecting their individual rights), improving services (so homeless people would spend less time in emergency housing and focus on longterm housing), and breaking the cycle (which involved an increase in the availability of affordable housing to end homelessness). Whilst this national plan, in theory, protects individuals rights and meets society’s needs, it is overall considered ineffective considering that by 2020, homelessness will not be abolished in Australia, as despite continued financial commitment from the government, prior to extending the plan in 2012, it was not re-evaluated. Therefore, the objectives are not effectively targeted, and hence are unable to guarantee effective outcomes in the future of homelessness in Australia. In addition to this, there have been various media articles such as the SMH Article in 2011, that states “The Road Home not effective in reducing homelessness rates”, further emphasising the ineffectiveness of this scheme. In spite of this, the initial establishment of this scheme has been effective as it demonstrates the government’s quick response in regards to alarming components regarding homelessness. This is seen through Miloon Kathari’s statement to the United Nations Special Rapporteur on Adequate Housing in 2006, stating that Australia “Has failed to implement its legal obligation to progressively realise the human right to adequate housing… particularly in view of its responsibilities as a rich and prosperous country”. POLICE POWERS : In addition to this, as another means of minimising homelessness within Australia, the police ‘Move On Powers’ gives NSW Police to power to give homeless individuals a ‘move on’ direction. The police can ask anybody that it in a public place to “move on” provided they have a reason, protected under the Law Enforcement (Powers and Responsibilities) Act 2002 Section 14 (LEPRA). This is often seen to be ineffective as despite requiring the homeless to

Legal Studies Trials Homelessness Essay - Shelter move, they have no home to reside in, and therefore does not meet the basic human right of providing them with an adequate standard of living. This has also been emphasised through the SMH Article; “Greater police powers, unfair to ill, homeless” - ''Asking a homeless person to move along doesn't get them off the streets, it just moves them from one location to another.’' - New "drunk and disorderly" powers handed to NSW police to tackle alcohol-related violence are disproportionately penalising Aboriginal people, the young, the homeless and the mentally ill, the state Ombudsman has found. A review of the powers also found lack of clarity about how they were applied could "undermine community trust in police and confidence in the law", after the government increased the on-thespot fine for a "drunk and disorderly" person failing to move on to $1100 this year. Legal : LEGISLATION : The Housing Assistance Act 1996 (Cth) acknowledges shelter and housing as a ‘basic human need’. The main aim of this legislation, under Section 4 is to provide financial assistance to the States to ensure that individuals can obtain housing that is affordable, secure and appropriate to their need. This legislation also protects the Commonwealth State Housing Agreement, although funds and resources for this CSHA have been in constant decline, and therefore is only moderately effective. A meaningful legislative framework is an essential component of an effective national response to homelessness. This legislation could make a significant contribution to the effectiveness of homelessness funding and service delivery and to outcomes for homeless individuals, families and children. CENTREPAY : Centrepay is another legal mechanism that has been established by Centrelink to allow Centrelink customers to have automatic decisions made from their Centrelink payments for free and for various purposes such as rent payment. This is an effective technique used by Centrelink in assisting individuals in paying their rent on time, managing their finances and helping them to meet their financial requirements. This is important in minimising the chance of them becoming homeless and is a moderately effective resource that has been implemented by the Australian government. However, it does not actually provide benefit for those who are already homeless but targets individuals who are close to homelessness. YOUTH HOMELESSNESS : In 1989, The Australian Human Rights Commission released a report in relation to homeless children. The report revealed that there were approximately 25, 000 young people in Australia that were currently homeless and many more that were at the risk of becoming homeless or living in inadequate housing. Such an inquiry demonstrated the connection between homelessness and other social problems such as unemployment, sexual abuse and exposure to violence. The inquiry also emphasised the lack of properly resourced and practical support services available for homeless young people. Children under the age of 18 are entitled to special rights under the Convention on the Rights of the Child. These include the right to a standard living adequate for the child’s physical, mental, spiritual, moral and social development and the right to protection against all forms of neglect, cruelty and exploitation.

Non-Legal : SALVATION ARMY : The Salvation Army is a non government organisation that aids the most marginalised of people in society, such as the homeless. Each week the Salvation Army are successful in providing 100,000 meals for the hungry, 2000 beds for the homeless and 5-8 thousand food vouchers. The Salvation Army’s Housing support program benefits those who have being evicted from their house or are at risk of being evicted and have no place to live. The Housing support program provides assistance to maintain housing through financial troubles, access to Transitional Housing Management, assistance accessing the rental market, help with completing housing applications, assistance addressing issues that bring about homelessness, and help obtaining information and referrals. As such, the Salvation Army is an effective non-legal response in regards to assisting homeless people with establishing a financially stable future. Non-Legal : WESLEY MISSION : Wesley Mission is another NGO that aims to address the right to privacy. On a daily basis, more than 600 people are cared for and accommodated through safe and secure, short to medium-term accommodation. Homeless youth are likely to move school up to 5 times per year and two thirds of young people who become homeless will leave school within the first 12 months. The Wesley Mission’s Independent Living Programs are targeted at homeless

Legal Studies Trials Homelessness Essay - Shelter youth aged between 16 and 22 years old and aims to address this issue. To be eligible a referral must be made by the individual or from a service on their behalf and they must be willing to be trained and mentored by youth workers. In comparison, the program is more accessible to the youth as it does not implement any criteria that must be met as compared to many other housing programs offered by the government. As such, the program provides support to the homeless through adequate housing and implements mechanisms that encourage and ensure school attendance. As a result the right to adequate housing, privacy and education are adequately protected through this. HOMELESSNESS AUSTRALIA : Homelessness Australia is the peak body that provides services for homeless people.They represent 15000 providers of direct homelessness services. When there are government submissions that need to be made, Homelessness Australia takes care of this as a representative of the other homelessness agencies....