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No Home, No Justice? the LEGAL NEEDS of HOMELESS PEOPLE in NSW

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No Home, No Justice? the LEGAL NEEDS of HOMELESS PEOPLE in NSW ACCESS TO JUSTICE AND LEGAL NEEDS NO HOME, NO JUSTICE? THE LEGAL NEEDS OF HOMELESS PEOPLE IN NSW July 2005 No Home, No Justice? THE LEGAL NEEDS OF HOMELESS PEOPLE IN NSW ACCESS TO JUSTICE AND LEGAL NEEDS Volume 2 Suzie Forell, Emily McCarron and Louis Schetzer July 2005 LAW AND JUSTICE FOUNDATION OF NEW SOUTH WALES ISSN 1832-2670 This report is part of the Access to Justice and Legal Needs monograph series published by the Law and Justice Foundation of New South Wales. The Foundation seeks to advance the fairness and equity of the justice system, and to improve access to justice, especially for socially and economically disadvantaged people. The series is aimed at researchers, policy-makers, government, the legal community and others interested in legal need and access to law and justice. It is a scholarly, refereed series. Monographs are refereed by at least two appropriate external referees who are independent of the Foundation and any other organisations/authors involved in the publication. Managing Editor: Geoff Mulherin © Law and Justice Foundation of New South Wales, July 2005 This publication is copyright. It may be reproduced in part or in whole for educational purposes as long as proper credit is given to the Foundation. Any opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the Foundation’s Board of Governors. National Library of Australia Cataloguing-in-Publication data: Forell, Suzie. No home, no justice? : the legal needs of homeless people in NSW. ISBN 0 909136 88 2. 1. Homeless persons - Services for - New South Wales. 2. Homelessness - Law and legislation - New South Wales. 3. Homelessness - New South Wales. I. McCarron, Emily. II. Schetzer, Louis. III. Law and Justice Foundation of New South Wales. IV. Title. (Series : Access to justice and legal needs ; vol. 2). 305.569209944 Law and Justice Foundation of New South Wales Level 14, 130 Pitt Street Sydney NSW 2000 GPO Box 4264, Sydney NSW 2001 Phone: +61 2 8227 3200 Fax: +61 2 9221 6280 Email: [email protected] <http://www.lawfoundation.net.au> Cover photos: courtesy of Tony Miller, Over the Horizon Publications. Foreword The objects of the Law and Justice Foundation of New South Wales (the Foundation) are to contribute to the development of a fair and equitable justice system which addresses the legal needs of the community, and to improve access to justice by the community (in particular, by economically and socially disadvantaged people).1 In 2002 the Foundation commenced the Access to Justice and Legal Needs research program, which aims to examine the ability of disadvantaged people to: obtain legal assistance participate effectively in the legal system obtain assistance from non-legal advocacy and support participate effectively in law reform processes. The main purpose of the program is to provide a rigorous and sustained assessment of the legal and access to justice needs of the community, especially disadvantaged people, which would provide evidence to assist government, community and other organisations develop policy and plan service delivery. The research is a challenging program involving an interconnected set of projects employing a range of qualitative and quantitative methodologies. An important feature of the program is the examination of the particular access to justice and legal needs of selected disadvantaged demographic groups. This report is a qualitative study examining the legal needs of homeless people. Other groups examined or to be examined as part of the program include older people, prison inmates and ex-prisoners and people 1 Law and Justice Foundation Act 2000 (NSW), s. 5(1). iv No Home, No Justice? experiencing a mental illness. These groups have been chosen principally because less is available in the literature concerning their legal needs, but also because less comprehensive data concerning their needs is likely to be obtained through the other components of the research program. Homeless people are arguably the most disadvantaged in our society. Apart from the obvious health and safety issues, homelessness inevitably involves the lack of a regular address or reliable means of contact, which in turn usually results in homeless people being excluded from the information and services that most Australians take for granted. For homeless people, the circumstances—some of them legal—that have led to and/or maintain their homelessness are usually many and complex. Yet homeless people, faced with this overwhelming complexity of issues and lacking a safe, regular place to live and place of contact, are poorly placed to deal with the complex legal system when they confront it. This report illuminates these complexities and considers alternatives for service delivery that may help to improve the responsiveness of the justice system to homeless people. This report into the legal needs of homeless people is based on a review of existing literature and consultations with legal and non-legal service providers and homeless people themselves. It seeks to canvass many of the particular issues relevant to homeless people—and those at risk of homelessness—in NSW. While the report ‘stands on its own’, it is also important to consider this report in the context of the relevant data on the legal needs of and barriers facing homeless people that are contained in other quantitative and qualitative components of the Access to Justice and Legal Needs program. The following reports in particular should be considered: Stage 1: Public Consultations (August 2003) Stage 2: Quantitative Legal Needs Survey, Bega Valley (Pilot) (November 2003) Data Digest (February 2004) Foreword v The Legal Needs of Older People in NSW (December 2004) “Legal Needs Survey 2003” (to be published 2005) The Legal Needs of People with a Mental Illness (to be published early 2006). Geoff Mulherin Director Law and Justice Foundation of NSW June 2005 Contents Foreword ........................................................................................................... iii Acknowledgements ........................................................................................ ix Shortened Forms ............................................................................................ xi Access to Justice and Legal Needs Program: Terms of Reference ......................................................................................xiii Program aim ...................................................................................................xiii Objectives .......................................................................................................xiii Program components ..................................................................................... xiv Executive Summary ...................................................................................... xv Legal needs of homeless people (Chapters 1 and 2) ..................................... xv Homelessness in NSW (Chapter 3) ...............................................................xvii Legal issues facing homeless people (Chapter 4) ........................................xviii Barriers to accessing legal assistance (Chapter 5) ......................................... xx Legal assistance for homeless people (Chapter 6) ........................................ xxi Non-legal assistance in legal processes (Chapter 7) ....................................xxiii Participation in the legal system (Chapter 8) ................................................ xxv Conclusion (Chapter 9) .................................................................................xxvi 1. Introduction ...................................................................................................1 Aim of this project .............................................................................................1 What is ‘homelessness’? .................................................................................2 Homelessness and the law ...............................................................................9 Structure of this report ....................................................................................19 2. Methodology ...............................................................................................21 Data collection ................................................................................................21 Data analysis ..................................................................................................29 3. Homelessness in NSW .............................................................................31 Numbers of homeless people in NSW ...........................................................31 Where do homeless people live in NSW? ......................................................34 Who is homeless in NSW? .............................................................................38 Complex needs and histories of homeless people .........................................50 ‘Causes’ of homelessness ..............................................................................55 Pathways to homelessness ............................................................................58 Summary .........................................................................................................63 4. Legal issues facing homeless people in NSW ..................................65 Family law .......................................................................................................67
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