• Introduction
• 1 Homelessness: the current context - Australia
• 2 Legislative and regulatory context
• 3 Homelessness service provision - an overview
• 4 Quality frameworks: lessons from other sectors
• 5 Components of a national quality framework
• 6 Implementation processes and impacts
• 7 References
• Appendices

Quality Frameworks for Homelessness and Related Services – Literature Review and Environmental Scan

• Previous: 1 Homelessness: the current context - Australia
• Next: 3 Homelessness service provision - an overview

2 Legislative and regulatory context

2.1 Introduction

As part of the Australian Government's White Paper - The Road Home: A National Approach to Reducing Homelessness, the Government is planning to develop a national quality framework applicable to organisations delivering services to homeless people.³³ It is intended that by developing a national service charter for mainstream and specialist homelessness services, progress towards protecting the rights of homeless people will be achieved by providing them with safer and higher quality services.

To improve service quality, consistency and to promote best practice, a range of options will be explored, including adopting service charters in legislation and potentially making accreditation a pre-requisite for funding.³⁴ It is also foreshadowed in the Australian Government's White Paper that the 'best features of the Supported Accommodation Assistance Act 1994 and the Disability Services Act 1986' could be amended or incorporated into the new legislation relating to homelessness. ³⁵

Relevant to the development of the new legislation is the Council of Australian Governments' (COAG) Intergovernmental Agreement (IGA) on Federal Financial Relations, which is an agreement between the Commonwealth and the states and territories to reduce the number of Specific Purpose Payments (SPPs) made by the Commonwealth and to increase the flexibility of the states in implementing the payments. The National Affordable Housing Agreement (NAHA) is one of the new SPPs to emerge from the IGA, which provides $6.2 billion to the states and territories to meet specific outcomes in a range of areas, including homelessness through the National Partnership Agreement on Homelessness.³⁶

As part of this environmental scan, which aims to contribute to the knowledge base available to inform decisions relating to the development of the new legislation to support these initiatives, this section outlines existing quality frameworks relating to specialist homelessness services³⁷ in Australia, including:

• international law and principles informing the development of legislation in Australia;
• domestic legislation implemented at national, state and territory levels regulating the provision of specialist homelessness services, as well as other key pieces of legislation which impact on the provision of services to people who are homeless;
• existing quality frameworks, service standards and measurement tools in Australia for specialist homelessness services; and
• international examples of best practice quality frameworks and regulation for homelessness services.

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2.2 International law

Over the past few decades the homelessness debate has gradually shifted from one that focused on the 'needs' of homeless people to a debate that is increasingly informed by international human rights approaches.³⁸ As Justice Sackville has observed, 'proponents of reform almost always employ the rhetoric of human rights to advance their argument' whereas earlier advocates tended to invoke the 'needs' of homeless people as the yardstick for evaluating programs or practices and to concentrate on repealing laws or modifying practices that could be properly characterised as discriminatory or unfair to such people'.³⁹

One reason for the shift in the homelessness debate rests with developments in international law. The Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations in 1948, declared in article 25(1) that:

'... [e]veryone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services...'⁴⁰

The International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) which came into force in 1976 provided standards by which to measure the performance of participating states in addressing homelessness within their borders. ⁴¹ The ICESCR, for example, embodied the right to 'food, clothing, housing and medical care' captured in the Universal Declaration of Human Rights and required state parties to 'take appropriate steps to ensure the realisation' of these rights.⁴² To clarify the meaning and scope of the right to housing as protected by the ICESCR, the Committee on Economic, Social, and Cultural Rights (CESCR), the body that monitors the ICESCR, issued its General Comment 4, in 1991.⁴³ Within the definition of adequacy, there are certain aspects of the right that apply in any context. These include:

• Legal security of tenure. Notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats.
• Availability of services, materials, facilities and infrastructure. An adequate house must contain certain facilities essential for health, security, comfort and nutrition.
• Affordability. Personal or household financial costs associated with housing should be at such a level that the attainment and satisfaction of other basic needs are not threatened or compromised.
• Habitability.  Adequate housing must be habitable, in terms of providing the inhabitants with adequate space and protecting them from cold, damp, heat, rain, wind or other threats to health, structural hazards, and disease vectors.
• Accessibility. Adequate housing must be accessible to those entitled to it. Disadvantaged groups must be accorded full and sustainable access to adequate housing resources.
• Location. Adequate housing must be in a location which allows access to employment options, health-care services, schools, child-care centres and other social facilities.
• Cultural adequacy. The way housing is constructed, the building materials used and the policies supporting these must appropriately enable the expression of cultural identity and diversity of housing.

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2.3 Australian domestic law

2.3.1 Ratification of the ICESCR and the ICCPR

Legislative protections for people who are homeless in Australia are few. In ratifying the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) in 1975 and 1980 respectively, Australia became bound under international law to implement their provisions.⁴⁴ In Australia however, ratification of an international treaty does not automatically make that treaty enforceable in Australian law, unless domestic legislation is enacted to incorporate its provisions directly into Australian law. While the ICESCR and ICCPR have, to date, had considerable influence on the debate and to some extent on the interpretation of Australian law, neither of these treaties (or other human rights treaties relevant to the experience of homeless people) have been incorporated into Australian Commonwealth legislation.

There are some exceptions to this, relating to parts of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) (through the Sex Discrimination Act 1984) and to the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) (through the Racial Discrimination Act 1975).⁴⁵

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2.3.2 Human rights legislation

The Human Rights Act 2004 passed in the ACT and the Victorian Charter of Human Rights and Responsibilities 2006 incorporate most of the civil and political rights embodied in the International Covenant on Civil and Political Rights (ICCPR), however they do not incorporate many of the economic and social rights that are contained in the International Covenant on Economic, Social and Cultural Rights (ICESCR). The right to adequate housing is not included in either the Victorian or ACT human rights legislation.⁴⁶ There have been some instances, however, where rights included in the Victorian human rights legislation have been used indirectly to protect people from homelessness. For example, in one situation the Victorian Charter was invoked (by reference to the rights to privacy and to the protection of families) to negotiate for a pregnant single mother to avoid eviction from community housing to prevent her family becoming homeless. ⁴⁷

The Commonwealth Attorney-General's Department is currently involved in a National Human Rights Consultation, which is potentially the precursor to the introduction of national human rights legislation. The consultation seeks to answer some of these key questions:

• Which human rights (including corresponding responsibilities) should be protected and promoted?
• Are these rights currently sufficiently protected and promoted in Australian law?
• How could Australia better protect and promote human rights?⁴⁸

The outcomes of this consultation process will inform the current Inquiry, particularly if the legislation seeks to protect the right to adequate housing.

It is relevant to note the experience of other countries in implementing human rights legislation. As common law countries the United Kingdom and Canada both have a similar legal history to Australia. Both countries have introduced human rights legislation. In relation to the Human Rights Act 1998 in the United Kingdom, there is duty on all courts and tribunals in the United Kingdom to interpret legislation so far as possible in a way compatible with the rights laid down in the European Convention on Human Rights (section 3(1)).

In instances where domestic legislation is not compliant with the Human Rights Act, then the higher Courts are able to make a Declaration of Incompatibility. However, the remedies available under the Act are limited. For example, a Declaration of Incompatibility does not make the relevant legislation obsolete, but it can be used to put pressure on the government to resolve the incompatibility. Neither the United Kingdom nor the Canadian human rights legislation directly protects the right to adequate housing. ⁴⁹ Scotland has introduced more progressive legislation in this area, which is discussed further below at Section 2.14.1. There have been some examples, in the United Kingdom, where the creative use of the legislation has led to some 'judicial consideration of government actions affecting housing rights' particularly by invoking the 'right to life' and the 'right to protection of privacy, the home and family life'.⁵⁰

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2.4 Homelessness regulatory context in Australia

2.4.1 Introduction

While the right to adequate housing is not currently explicitly incorporated into Australian law, there exists a complex legislative and policy framework relating to homeless services and housing in Australia at the Commonwealth, state and territory, and local government levels.

There are a whole range of laws and regulations that impact on homeless people.⁵¹ These include laws passed by:

• the Commonwealth Government, including the Homeless Persons Assistance Act 1974 (now repealed), the Supported Accommodation Assistance Act 1994, the Disability Services Act 1986, Anti-Discrimination Act 1977, the Social Security Act 1991, and the Housing Assistance Act 1996;
• state and territory governments, including legislation regulating renting, public housing, boarding houses, public space, vagrancy, trespass, public transport and crisis accommodation;
• local governments, including anti-sleeping, anti-camping and alcohol prohibition zones.

People who are homeless are often impacted by a range of laws regulating public space, as there are many essential human activities which are prohibited if they take place in public. Although in many areas laws can impact negatively on homeless people, there has been a growing discussion in Australia and overseas about the ways in which the law can be used to support homeless people to gain more legitimacy, control and dignity over their lifestyle.⁵²

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2.4.2 National Affordable Housing Agreement

The National Affordability Housing Agreement (NAHA) and the associated National Partnership Agreement (NPA) on Homelessness now provide the overarching policy framework for Australia's response to homelessness. State and territory Implementation Plans have now been developed and approved. Currently, there is no additional legislation enacted to support these new policy initiatives.

It has been through the granting of SPPs that the Commonwealth has previously regulated housing and accommodation for homeless people. SPPs have, for example, enabled the government to administer the Supported Accommodation Assistance Program (SAAP), established in 1985. This Program has provided funding for states and territories to distribute for the provision of transitional supported accommodation and associated homelessness services. It was administered through two Commonwealth-State agreements - a multilateral agreement at a national level and bilateral agreements between the Commonwealth and the individual states. SAPP V was the most recent recipient of SPP grants.⁵³

In December 2007, COAG agreed to reform the SPPs in response to growing pressure from the states to reduce Commonwealth prescriptions on services and to increase the degree of flexibility allowed to the states to implement the funding. As part of the Intergovernmental Agreement on Federal Financial Relations,⁵⁴ COAG agreed to reduce the number of existing SPPs from ninety to five. However, six new SPPs were developed, including NAHA, which incorporates a range of existing programs, including:

• the Supported Accommodation Assistance Program (SAAP);
• the Commonwealth-State Housing Agreement (CSHA); and
• Rent Assistance.⁵⁵

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The diagram at Figure 1 on page 17 sets out the relationship between different types of Commonwealth housing assistance legislation, the programs that have developed to implement the legislation at a Commonwealth level, and the relationship between these agreements and NAHA as part of the current reform. An important feature of NAHA is that under the new framework the policy outcomes and objectives have been separated from funding arrangements to ensure that the policy focus and the implementation are devolved to the states and territories.⁵⁶

A description of NAHA is included at Section 2.4.2. Essentially it aims to bring together a range of initiatives relating to housing assistance and homelessness. The approach agreed by the Council of Australian Governments (COAG) for NAHA is designed to provide greater flexibility in the way services are delivered, enabling specialist homelessness services to transition some clients more quickly out of crisis services into permanent housing.⁵⁷ Under the reforms, NAHA contains the objectives, outcomes, outputs and performance indicators for supported accommodation and assistance services. The performance of governments in achieving these mutually agreed outcomes will be assessed by the COAG Reform Council (CRC). The National Agreements are supplemented by a range of National Partnerships, including the National Partnership Agreement on Homelessness. Funding for NPs is conditional on states and territories meeting agreed milestones and performance benchmarks.⁵⁸

Figure 1 - The legislative framework
Figure Description

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2.4.3 Supported Accommodation Assistance Act 1994 (Cth)

Critical to understanding the current regulatory framework is the Supported Accommodation Assistance Program (SAAP) (which has been incorporated into NAHA) and the Supported Accommodation Assistance Act 1994 (the SAA Act), which is currently in force. The SAA Act is one of the most important pieces of legislation relating to homelessness.

The Act underpins the myriad of supported accommodation assistance agreements and programs across Australian states and territories. SAAP, established in 1985, has until recently been Australia's primary response to homelessness. It brought together a range of homelessness programs funded at the state and territory level under one nationally coordinated program.⁵⁹ While the SAAP agreements and programs which stem from the SAA Act have been incorporated into the NAHA Agreement the original SAAP legislation remains in force. The SAA Act is the legislative framework for the provision of a whole range of services relating to homelessness and housing. The preamble to the Act frames the rights-based approach of the legislation, stating that:

'Australia has acted to protect the rights of all of its citizens, including people who are homeless or at risk of homelessness, by recognising international standards for the protection of universal human rights and fundamental freedoms through:

(a) the ratification of the International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights; and

(b) the ratification of the Conventions on the Elimination of all Forms of Racial Discrimination, on the Elimination of all Forms of Discrimination against Women and on the Rights of the Child; and

(c) the acceptance of the Universal Declaration of Human Rights and of the Declaration on the Elimination of Violence Against Women; and

(d) the enactment of legislation such as the Human Rights and Equal Opportunity Commission Act 1986.'

The preamble to the Act also includes a broad commitment to service quality, stating that:

'The Parliament intends that the Commonwealth Government should work co-operatively with state and territory governments to ensure that people who are homeless or at risk of homelessness are given opportunities to redress their circumstances and that their universal human rights are not prejudiced by the manner in which services are provided to them.'

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It is important to note that the commitment to protecting the rights of homeless people is included in the preamble and not in the body of the legislation, which means that it does not make the principles included of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) (such as the right to adequate housing) enforceable in Australian law.

The aim of the SAA Act is essentially to provide a broad framework for the delivery of transitional, supported accommodation and related support services in order to help people who are homeless to achieve the maximum possible degree of self-reliance and independence (s 5(2)). Within this aim the goals are:

• to resolve crisis;
• to re-establish family links, where appropriate; and
• to re-establish a capacity to live independently of SAAP.

The aims of the SAA Act are to be achieved by:

• providing or arranging for the provision of support services and supported accommodation; and
• helping people who are homeless to obtain long-term, secure and affordable housing or accommodation and support services (s 3).

The SAA Act sets out the responsibilities of service providers who enter into agreements to receive funding from their respective states and territories. One of the key responsibilities is to help people who are homeless to resolve a crisis and to achieve greater independence through the following (s 7(a)):

• Case management;
• Assessment and referral; and
• Early intervention and re-establishment of family links (if appropriate).

Some of the other key responsibilities include assisting homeless people to access disability and rehabilitative services, and to assist them to obtain long-term secure and affordable housing (s 7(b)(iv), s 7(c)).

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2.4.4 National principles for SAAP services

As part of the implementation of SAAP there were national principles for all SAAP services which were endorsed in 1996 by all state and territory governments across Australia. The Western Australian SAAP Service Standards 2002 document reiterates the agreed national principles:

• User rights: Each consumer has the same rights and responsibilities as all members of the community.
• Participation and choice: Each service user has the opportunity for maximum participation in decision making about their own lives and about the service they receive.
• Complaints and dispute resolution: Each service user has access to fair and equitable procedures for dealing with complaints and with disputes.
• Safety and security: Each service user has physical safety and security as a result of their contact with a SAAP service.
• Access to services: Each service users' access to a service is decided on the basis of relative need within the service's target group.
• Information and consultation: Each service user is fully informed about the nature and choice of available services and about any rules and conditions that apply, and makes informed choices from the alternatives.
• Privacy, confidentiality and access to personal information. Each service user has the right to personal privacy, privacy in communications and confidentiality of access to service records and to information pertaining to them.
• Efficient and effective management. Each service user receives the benefit of well planned, efficient and accountable service management.
• Coordinated, planned and reliable service delivery: Each service user receives coordinated, reliable and appropriate planned services which meet his or her specific ongoing needs and which are both appropriate and delivered in a culturally responsive manner.
• Responsiveness to all clients: Children in SAAP services are treated as clients in their own right as well as part of their family unit.

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2.5 Overview of existing state and territory quality frameworks

An accreditation system, which represents a specific type of quality framework, is a standards-based recognition system which involves assessment against predetermined standards.⁶⁰ The accreditation process formally acknowledges achievement against a set of performance measures and introduces minimum standards for services, as well as providing a framework for continuous quality improvement. There are many different types of accreditation systems currently tailored to a range of sectors in Australia, for example, disability services, child care services and the aged care sector. These quality frameworks are explored in the case studies that form part of this document.

Quality frameworks in the homelessness sector in Australia and overseas are patchy at best. As discussed above, under the Supported Accommodation Assistance Program V (SAAP V) Agreement, states and territories were assessed against performance indicators which encouraged the services they funded to develop service charters to protect their clients' rights (see above at Section 2.4.5). This has been one of the factors motivating the development of a range of standards processes around Australia, particularly in Western Australia.

As the scan of quality frameworks below reveals, some states, such as Victoria, have introduced non-legislative accreditation schemes that are rights-based and focus on continuous quality improvement as assessed by a third party. Other states, including Queensland and the ACT, have amended their residential tenancy legislation to extend certain rights to occupants of temporary accommodation. Others have introduced tiered systems of accreditation, especially to regulate services providing more than accommodation.

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Some examples of the different accreditation approaches are:

• rights-based and involve continuous quality improvement (Victoria, ACT);
• legislatively based, involving an extension of residential tenancy rights (Queensland and ACT);
• service charter and guarantee based (ACT);
• non-legislative, monitored by a third party (Victoria and Tasmania);
• SAAP-structured (WA).

Case management has also been central to assessing homelessness assistance standards ever since it was adopted as a strategy to enhance SAAP. The SAAP Case Management Resource Kit was released in 1997. Some experts have since advocated for the case management framework to become part of the Australian standards for homeless services. The Case Management Society of Australia has been instrumental in developing Australian standards for Case Management, and supports the introduction of these standards into the service charters of homeless services in Australia.⁶¹

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2.6 Victoria

2.6.1 Homelessness Assistance Service Standards (HASS)

The Victorian Government has allocated $2.1 million over three years to improve the standard of homeless support services. ⁶² A major aspect of improving these services is through the development of a formal accreditation system for the Office of Housing referred to as the Homelessness Assistance Service Standards (HASS). The development of the HASS accreditation system is intended to ensure a minimum level of service quality for homeless people, to promote best practice and to encourage ongoing improvement of service quality.

The White Paper on Homelessness singles out the Victorian model as encouraging specialist homeless services to work collaboratively with agencies and across programs, stating that 'as a result strong partnerships have been formed with mental health and community care divisions, housing, the Department of Justice and the Office of the Correctional Services Commissioner'.⁶³ The model is reported to be similar to the aged care and childcare accreditation models, both of which involve an external agency visiting service providers and conducting reviews to determine whether services are complying with sector-specific standards, and actively implementing service improvements.⁶⁴

The Victorian accreditation scheme relates to a wide range of services, including peak organisations. All organisations funded by the Office of Housing for the following programs need to be accredited by December 2009:

• Homelessness assistance services including crisis and transitional support services.
• Crisis accommodation services including family violence and youth refuges.
• Office of Housing-funded integrated Family Violence services.
• Housing information and referral services.
• Social housing advocacy and support providers.
• Peak organisations and other state-wide advocacy programs.
• Homelessness network services and children's resource program providers.
• Other state-wide advocacy services.

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HASS was developed through an extensive consultation process with service providers, consumers and experts within the sector. The accreditation process is based on a quality improvement model, and is not legislatively based. The accreditation process is run by a third party organisation, Quality Improvement and Community Services Accreditation Inc, chosen through a formal selection process.

Originally, the accreditation model was based on two major components:

• Client service delivery standards - sections one-to-five of HASS.
• Organisational management standards - covering business, governance and organisational management.

A formal trial of the standards was conducted in 2005 with four organisations. In response to the findings of the trial, the standards have been revised so that those relating to client service delivery were retained and the sections relating to organisational management standards were removed.

There are five sections that make up the current standards:

• Section 1: Upholding and promoting rights.
• Section 2: Access to support for people experiencing homelessness.
• Section 3: Direct service delivery and case management.
• Section 4: Direct service delivery to specific groups.
• Section 5: Working with the community.

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According to a HASS workshop summary developed by the Council to Homeless Persons (CHP) in Victoria, the HASS accreditation process involves:

• a documented, organisational self-assessment against sections 1-5 of the HASS industry standards, which relate to practice, involving staff, consumers and stakeholder feedback;
• an internal analysis of gaps in documentation, systems and processes;
• action planning and improvement work such as identifying staff training requirements at all levels, and policy, procedure, systems and practice improvements; and
• external assessment against HASS requirements by the end of 2008, (including practice standards and separate - to be determined - business management and governance management standards) by an accreditation body.

Further detail is provided about each of the standards, below. The documentation accompanying each section of HASS includes examples illustrating how services are able to achieve the standards.

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Section 1: Upholding and promoting rights

The first section of the HASS standards relate to increasing the focus on rights within the delivery of services to homeless people. The approach is modelled on a consumer rights framework. These are described as the 'fundamental rights of consumers to respectful, flexible and fair treatment in addressing issues of homelessness, family violence or other housing support issues'.⁶⁵

The first section of HASS refers to the Supported Accommodation Assistance Act 1994 (SAA Act) as providing a basis for a consumer rights framework which aims to ensure that rights 'are not prejudiced by the manner in which services are provided'.

Section 1 of HASS contains the following standards:

• Standard 1.1 Rights-based approach.
• Standard 1.2 Consumer participation.
• Standard 1.3 Complaints and appeals.
• Standard 1.4 Privacy and confidentiality.

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It also notes a number of documents that further support the standards, including:

• Consumer Charter for community-managed housing and homelessness services (Department of Human Services 2006).
• Information Privacy Act 2002 (Victoria).
• Health Records Act 2001 (Commonwealth).
• Privacy Act 1988 (Commonwealth).
• Language services policy (Department of Human Services 2006).
• Complaints Management Training Package - 'Taking It Seriously' (Department of Human Services 2006).

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Section 2: Access to support for people experiencing homelessness

The key aim of this section is to ensure that a person approaching a funded service is provided with assistance of some kind. At minimum, people are to be offered a screening service that provides them with information and/or active referral to appropriate services. The standards require that where people initially approach the most appropriate organisation, a full initial assessment will be conducted. They also require services to consider what other support can be provided by the broader homelessness service system.⁶⁶

Section 2 of HASS contains the following standards:

• Standard 2.1 Access to the homelessness service system.
• Standard 2.2 Initial assessment.
• Standard 2.3 Effective referrals.

The following documents further support these standards:

• Code of Practice for Specialist Family Violence Services for Women and Children (Domestic Violence Victoria 2006).
• Common Risk Assessment Framework for Family Violence Services in Victoria (Department of Human Services, under development 2006).
• Statewide Homelessness Assessment and Referral Framework (Department of Human Services, under development 2006).
• The Protocol for the Case Management of Unsupported Young People (Commonwealth and States).

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Section 3: Direct service delivery and case management

This section of the standards focuses on engaging and supporting people within a case management or consumer-support framework. The section lists a number of areas where assistance can be provided, including: advocacy, emotional support, parenting assistance, living skill development and family reunification. The standards focus on improving the quality of service delivered to homeless people. For example, one principle is that people should not be disadvantaged in accessing services through discriminatory practices or through poor service design.⁶⁷

Section 3 of HASS contains the following standards:

• Standard 3.1 Providing equitable access to support services.
• Standard 3.2 Engagement, assessment and case planning.
• Standard 3.3 Responsive support.
• Standard 3.4 Exit planning and case closure.
• Standard 3.5 Documenting case work.

Documents that further support these standards include:

• National Supported Accommodation Assistance Program Case Management Principles (Commonwealth 1996).
• Quality improvement in case management (Department of Human Services 1998).
• Working with a multicultural community (Department of Human Services 1998).
• Duty of care (Department of Human Services 2000).
• Language services policy (Department of Human Services 2006).
• Homelessness assistance program guidelines and conditions of funding (Department of Human Services 2006).
• Code of practice for specialist family violence services for women and children (Domestic Violence Victoria 2006).
• The protocol for the case management of unsupported young people (Commonwealth and States).

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Section 4: Direct service delivery to specific groups

This section sets out standards that must be complied with when dealing with specific groups, such as children, young people and women experiencing domestic violence, and with people with diverse interests, customs, beliefs, culture and ethnic backgrounds.

The section contains the following standards:

• Standard 4.1 Supporting parents and accompanying children.
• Standard 4.2 Supporting young people.
• Standard 4.3 Supporting women, children and others experiencing family/domestic violence.
• Standard 4.4 Providing culturally competent services.
• Standard 4.5 Providing advocacy services.

The following documents further support these standards:

• Working with Children Act 2005.
• Residential Tenancies Act 1997.
• Children, Youth and Families Act 2005.
• Duty of care (Department of Human Services 2000).
• Women's safety strategy (Office of Women's Affairs 2002).
• Language services policy (Department of Human Services 2006).
• Working with a multicultural community (Department of Human Services 1999).
• Victorian Indigenous homelessness study (Aboriginal Housing Board of Victoria, 2001).
• The Victorian Indigenous family violence strategy (Department of Human Services 2001).
• The protocol for case management of unsupported young people (Commonwealth and States).
• NTV standards for men's behavioural change group work - A manual for quality practice (NTV 2006).
• Homelessness assistance program guidelines and conditions for funding (Department of Human Services 2006).
• Social housing advocacy and support program guidelines (Department of Human Services 2006).
• Code of practice for specialist family violence services for women and children (Domestic Violence Victoria 2006).

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Section 5: Working with the community

Services are required to demonstrate that they understand and are able to contribute to systemic housing and homelessness issues, through means such as promoting service system advocacy and community education work in relation to housing and homelessness.

Section 5 of HASS contains the following standards:

• Standard 5.1 Building partnerships and integrated networks.
• Standard 5.2 Advocacy and community education.

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2.6.2 Homelessness Assistance Programs Guidelines 2006 - 2009

It is recommended that organisations delivering services to homeless people also use the Homelessness Assistance Programs Guidelines 2006 - 2009, in conjunction with the Homelessness Assistance Service Standards (HASS). The guidelines are part of the Victorian Homelessness Strategy, introduced in 2002, and seek to assist services to deliver and manage business in accordance with program objectives and with funding conditions.⁶⁸ The guidelines also integrate three different program guidelines that were already in existence so that the compliance process for homeless support services is simplified.

All registered community housing agencies are also required to comply with the Registered Agency Performance Standards (RAPS). The performance standards focus on seven aspects of the agency's business, including:

• Governance;
• Management;
• Probity;
• Financial viability;
• Tenancy management;
• Housing management and maintenance; and
• Risk management.

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2.6.3 Other standards and guidelines

Other standards that are relevant to the delivery of services to people who are homeless are:

• National Community Housing standards (NCHS), first published in 1983, which guide the operation of community housing providers;
• Public Housing Infrastructure Program (PHIP) guidelines which provide information for community service organisations about the operation of Social Housing Advocacy Support Program (SHASP) services and about other services funded by PHIP;
• Public Housing Consumer Services Charter, which explains a person's rights and responsibilities when looking for or living in public housing.⁶⁹

Boarding houses in Victoria

Victoria was the first state to introduce legislation for the boarding and lodging house sector through the Rooming Houses Act 1990. This Act has subsequently been repealed and the provisions incorporated into the Residential Tenancies Act 1997. The Residential Tenancies Act 1997 (RTA) establishes the Victorian Civil and Administrative Tribunal's jurisdiction over residential tenancies, rooming/boarding houses and caravan parks. The Act sets out the duties of landlords, tenants, owners and residents; provides for rights of entry by landlords or owners; and sets out the means by which a tenancy agreement or agreement in relation to a residency right may be ended.⁷⁰

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Homelessness Advocacy Service

Operating since January 2005, the Homelessness Advocacy Service (HAS) developed as part of the Victorian Government's Homelessness Strategy. HAS has three broad areas of focus: individual advocacy, secondary consultation, and training - including the Peer Education Support Program. One of its key roles is to provide an independent complaints process for government-funded homelessness support and accommodation services. All complaints made to HAS are recorded using the Department of Housing's Integrated Complaints Management Processes, which aims to increase transparency and ensure that all complaints are dealt with in a 'consistent, fair and timely manner'.⁷¹

This complaints mechanism is also supported by the Integrated Strengthened Complaints Management Strategy, which offers redress to people who have their rights breached through the complaints process. When a complaint is made to HAS about a Government-funded service, the complaint is measured against the Homelessness Assistance Service Standards (HASS) (the accreditation standards outlined above). These complaints are also measured by the services' compliance with its own funding and service agreement, and by Commonwealth and state legislation such as the Supported Accommodation Assistance Act 1994 (SAA Act) and the Equal Opportunity Act.

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2.7 Queensland

2.7.1 Boarding house legislation

The provision of boarding houses and hostels is one component of the Queensland Government's response to homelessness. One aspect of the strategy is to provide greater access to crisis and transitional accommodation and support options, through buying, leasing and redeveloping hostels and boarding houses throughout Queensland.⁷²

Legislation relating to residential services including boarding houses is the primary way that homelessness services are regulated in Queensland. Queensland was the first state in Australia to introduce mandatory accreditation for accommodation providers of residential services. This accreditation-based quality framework protects minimum standards of living conditions, providing residents with rights including protection from arbitrary eviction, and it enables a dispute resolution process.⁷³

A package of reforms was introduced in 2002 by the Queensland Government to the residential services sector to regulate supported accommodation and rental accommodation for the aged. A discussion paper prepared by the Residential Tenancies Authority provides an overview of the 2002 reform package:⁷⁴ Reforms include:

• the Residential Services (Accommodation) Act 2002,which requires written residential agreements in order to balance the accommodation rights and responsibilities of residents and service providers. It also provides for a dispute resolution process in relation to these agreements, which is administered by the Residential Tenancies Authority. This has now been incorporated into the Residential Tenancies and Rooming Accommodation Act 2008 (discussed below);
• the Residential Services (Accreditation) Act 2002, which establishes minimum standards for buildings and services in order to protect the health, safety and basic rights of residents. This includes a registration and accreditation process for operators to encourage continual improvement and fair trading in the sector;
• the introduction of the Resident Support Program, which is trialling ways to provide assistance to residents in accessing health, well-being and disability support services, and sustaining relationships in the community;
• an expanded role for Tenant Advice and Advocacy Services (Queensland), to provide assistance for residents in understanding their accommodation rights and responsibilities;
• an expanded role for the Community Visitor Program in the Office of the Adult Guardian, to provide assistance for residents with impaired capacity at supported accommodation/hostel facilities in dealing with concerns about services or issues affecting their rights and interests;
• financial assistance and business support for service providers in meeting the new laws to maintain the supply of low cost housing.

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The accreditation standards established in the Residential Services (Accreditation) Act 2002 (the Accreditation Act), are legislatively based and should be read in conjunction with the Residential Services (Accommodation) Act 2002 (the Accommodation Act). The Accreditation Act applies to private boarding houses, supported accommodation hostels and aged rental accommodation (residential services). It also covers student accommodation which is not a target of the overall residential services regulatory regime apart from where it relates to tenancy issues.⁷⁵ The accreditation process is run by the now State of Queensland, Department of Employment, Economic Development and Innovation (which includes Fair Trading).

Specifically, the Accreditation Act defines a residential service as accommodation where:

• there are at least four residents in one or more rooms;
• each resident has a right to occupy one or more room, but not the whole premises;
• rooms are not self-contained; and
• residents share facilities (e.g. a bathroom) outside their room.⁷⁶

The legislation only applies to residential services that are either not regulated by other legislation, or have funding agreements with a government agency or provide only tourist accommodation.

The purpose of the Accreditation Act is to:

• protect the health, safety and basic freedoms of residents;
• encourage residential services providers to continually improve their services; and
• support fair trading in the residential services industry.⁷⁷

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Within six months of registering a service, an application for accreditation must be submitted. Queensland has a tiered process for accreditation, which comprises three levels:

• Level 1: Accommodation service.
• Level 2: Food service.
• Level 3: Personal care service.

All providers must apply for Level 1 accreditation.⁷⁸ To obtain accreditation, services must show that their residential service meets minimum standards for each accreditation level. The Residential Services (Accreditation) Regulation 2002 outlines these standards.

Level 1 relates to a resident's right to:⁷⁹

• Privacy and independence.
• Individual resident agreements.
• Appropriate record keeping.
• Protection from abuse and neglect.
• Grievance mechanisms.
• Adequate goods and equipment.
• Access to external professional service providers.
• Cleanliness and maintenance.
• Appropriate security and emergency measures.
• Appropriate business and workplace health and safety practices.
• Human resource management and staff training.

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Level 2 relates to a resident's right to:

• Nutritional food.
• Safe and hygienic delivery, storage, preparation and service of food.
• Kitchen and dining facilities that meet minimum requirements.

Level 3 relates to a resident's access to:

• External support services.
• Accountable financial and clerical support.
• Medication management and health care.
• Help with clothing and hygiene management.
• The living environment.
• Leisure interests.
• Social networking.
• Participation in decision-making processes.

The accreditation process works initially by services undertaking self-assessment by completing a series of workbooks where they assess their own service against the accreditation. The next stage involves an accreditation officer examining the policies and procedures and conducting a site inspection.

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Services are accredited for varying periods of time. The maximum period of time for accreditation is three years. If a service does not meet all of the requirements for accreditation, a shorter period may be granted, subject to conditions.⁸⁰

While the introduction of the accreditation-base quality framework for residential housing is a step towards improved quality of housing for homeless people, it is worth noting the impact that regulation had on this sector in Queensland. As discussed in the case study on boarding houses, completed for this study, there were many boarding house operators who chose not to attempt accreditation. The level of impact is difficult to establish as the number of businesses operating are often under-reported or disputed, however, it is generally acknowledged there has been a significant loss of accommodation across the industry in Queensland recently.

A review of the Accommodation Act was undertaken in 2005 by the Queensland Residential Tenancy Authority, to evaluate whether the provisions of the Accommodation Act were achieving their intended objectives. This involved an extensive consultation process across the state. The consultations revealed that all sectors considered there to be room for improvement within the earlier legislation, however there was consensus 'that the Accommodation Act represented a ”good starting point” in terms of legislation and a framework of rights, providing greater protection and certainty for both sides'.⁸¹

The key aspects identified as needing amendment related to the service provider's ability to immediately terminate an agreement (where the resident refused to leave after a termination process), and to the service provider's ability to evict the resident using necessary force (in the presence of a police officer). Other areas that were identified concerned issues of process, clarification and consistency with general tenancy concepts. The major amendment that was proposed involved extending coverage beyond the primary target group of residential services. This is consistent with moves to regulate tenancies on the basis of types of premises (that is, room-only) rather than types of residents.⁸²

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The outcome of the review process is the current Residential Tenancies and Rooming Accommodation Act 2008. This Act combines and amends the provisions of both the Residential Tenancies Act 1994 and the Residential Services (Accommodation) Act 2002. Both Acts will be repealed on June 30^th 2009 and the Residential Tenancies and Rooming Accommodation Act 2008 will commence on July 1^st 2009.⁸³

Some of the key changes are:

• a prohibition on rent bidding;
• a restriction on rent increases to only two per year;
• an increase in notice periods from two weeks to two months for 'without grounds' terminations and rent increases;
• a creation of additional grounds for entry for lessors;
• an extension of coverage to most forms of rooming accommodation; and
• an introduction of new provisions around sale of rental properties.⁸⁴

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2.7.2 Standards for Community Services

Also applicable to the operation of some homelessness service providers in Queensland are the Standards for Community Services, which were introduced in 2007 and which apply to all Non-Government Organisations (NGOs) funded by the Department of Communities. Implementation of the standards is a condition of all service agreements between the Queensland Department of Communities and funded organisations.

The series of 11 standards sets out minimum expectations of those NGOs providing services and relates to three areas of service delivery:

1. People using services: Standards one to six focus on 'ensuring that clients receive individually tailored, culturally sensitive services delivered with respect for their individual rights'.
2. People working in services: Standards seven to nine focus on 'ensuring that client services are provided by staff and volunteers who are appropriately selected, competent, and supported in performing their roles'.
3. Governance: Standards 10 and 11 focus on 'ensuring that client services are based on a clear vision and set of organisational values, and strong governance arrangements'. ⁸⁵

The standards have been introduced through a two-phase process. Phase one - 2008 - 2011 - is considered to be a 'developmental phase, with a focus on self-assessment and quality improvement rather than compliance'.

Phase two - to run from 2011 onwards - will be focused on compliances. From this date, all organisations receiving more than $100,000 per annum in triennial funding from the Department (except licensed childcare organisations and organisations recognised under another quality system) will be monitored for compliance with the standards.

The introduction of the standards is being implemented through a collaborative approach between the Department of Communities, the Queensland Council of Social Service (QCOSS) and other peak bodies which are working with local networks of NGOs to help them meet the requirements.⁸⁶

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2.8 New South Wales

2.8.1 SAAP Performance monitoring framework

In NSW, SAAP agencies had service agreements with the NSW Department of Community Services (DoCS) to provide services in accordance with state and commonwealth laws such as the NSW Anti-Discrimination Act 1977 and the NSW Occupational Health and Safety Act 2000. DoCS has also developed a Performance Monitoring Framework for SAAP services, designed to ensure continuous improvement in service delivery. Services are monitored for:

• compliance with their Service Agreement;
• extent to which outcomes/outputs are achieved under the Service Specification/Service Agreement;
• progress of agencies towards integrating the Good Practice Guidelines for DoCS Funded Services (the Guidelines) into their practice.

The Guidelines has been developed as a key resource to support service standards. The good practice guidelines are to be implemented through a cycle of continuous quality improvement, using the DoCS quality self-assessment and quality work-plan support tools. It is suggested that the cycle is completed annually and is aligned with the service's regular review schedule or reporting requirements. The continuous quality improvement involves four steps:

• Step 1: Self-assessment.
• Step 2: Develop quality work-plan.
• Step 3: Implement quality work-plan.
• Step 4: Review quality work-plan.

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A manual has been developed, as well as a quality self-assessment workbook and work-plan to assist services to implement the principles. These tools were developed and piloted with a cross-section of DoCS-funded services, and will assist organisations to align their current practices with those outlined in the Guidelines. ⁸⁷

In relation to other types of accommodation in NSW, there are protections for marginal residents of caravan parks under the Residential Tenancies Act 1987 (NSW).⁸⁸ The Tenants' Advice and Advocacy Service provides a useful summary of the legislation and its implications.⁸⁹ Essentially, most residential tenancies in NSW are covered by the Act. The Act and Regulations cover private tenants who have written or oral residential tenancy agreements, including some tenants in caravan parks.

The Act provides a range of protections, including the right to:

• have premises rented to you in a state that is reasonably clean and fit to live in;
• be given 60 days written notice of a rent increase;
• have quiet enjoyment and use of the premises; the landlord/agent must not interfere with your possession of the premises;
• have peace, comfort and privacy;
• have reasonable locks and security;
• have reasonable repairs and maintenance done;
• be given written notice of the landlord wanting to end the agreement; and
• not to be unlawfully evicted.

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The Act does not cover:

• tenants who are covered by the Residential Parks Act 1988 (which grants a similar level of protection to the Residential Tenancies Act 1987);
• holiday houses, flats and caravans, ordinarily used for holiday purposes;
• people who rent for holiday purposes for less than two months;
• 'protected' tenants (under the Landlord and Tenant (Amendment) Act 1948 (NSW); and
• boarders and lodgers.⁹⁰

The lack of regulation or protections for people in boarding houses is an area that has generated significant controversy in NSW.⁹¹ The Residential Tenancies Act 1987 does not cover boarders and lodgers, meaning that they do not have the same rights as tenants. A person is likely to be a tenant under the Act, rather than a boarder or lodger, if they:

• have exclusive access;
• do not get meals, linen, or cleaning as part of their agreement;
• have their own cooking facilities; and
• do not have house rules enforced.⁹²

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Boarders and lodgers live in premises where the landlord (or a caretaker living on the premises) keeps control of the premises. The landlord may be the owner or a tenant who has a residential tenancy agreement in their name only. Boarders usually receive meals as part of their agreement, whereas lodgers do not.⁹³

Licensed Boarding Houses were brought within the jurisdiction of the NSW Ombudsman in 2002. Licensed boarding houses are any 'residential centre for handicapped persons', licensed or declared as such under the Youth and Community Services Act 1973. There are more than 65 such facilities in NSW, providing accommodation and support to approximately 1,200 people with a disability. These centres generally do not receive any direct funding through the NSW Government, but residents receive a range of community services funded through the government's Boarding House Reform Strategy.⁹⁴

The Ombudsman may review the situation of a person, or group of people, with disabilities in care, including residents of licensed boarding houses. In doing so, the Ombudsman will look at the person's 'welfare, status, progress and circumstance'. As explained in the Community Services Fact Sheet for licensed boarding houses, the Ombudsman reports to the Minister for Disability Services, the manager of the licensed boarding house, and other appropriate people, on the results of the review and can also make recommendations to improve the welfare and interests of the person, or group of people.⁹⁵
There are some protections for boarders and lodgers who are not living in licensed boarding houses, under NSW legislation. If the landlord is a business there is some scope to apply under the Consumer Claims Act to the General Division of the Consumer, Trader and Tenancy Tribunal (CTTT) to have the dispute heard.

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Most rights exist only in common law where the landlord is not a business. In relation to eviction, for example, if rent is paid weekly then the landlord should provide seven days notice before eviction. Similarly, there are very few protections in terms of repairs and maintenance. If premises are unsafe, the landlord could be held responsible under the law of 'negligence' for any personal injuries caused by them not maintaining the premises.⁹⁶

To bring a claim to enforce a common law right, a court action is required. A review of the needs of homeless people in NSW, published by the Law and Justice Foundation in 2005, identified some of the reasons why these types of dispute resolution mechanisms are not appropriate for homeless people:

'On a day to day basis, homeless people have many immediate needs: finding accommodation, getting food or money, caring for family. These needs tend to take precedence over their legal issues…Services report that when homeless people finally do contact a legal service (if at all), the issue has usually already reached crisis point: the eviction is imminent; their benefits have been cut off; the court case is tomorrow. In some cases it may be too late to resolve the issue (eg the limitation period may have expired) or the issue has become more complex and difficult to address.'⁹⁷

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2.9 Australian Capital Territory

The ACT has recently introduced a Homelessness Charter and a Service Guarantee (the Supported Accommodation Assistance Program Guarantee). The Homelessness Charter, which includes a Statement of Rights, sets out the broad principles protecting homeless people. The Service Guarantee explains what people can expect from homelessness service providers, including the types of support and services that are available.⁹⁸

In addition to these quality frameworks, good practice standards have been developed for community services within the ACT. The Good Practice Standards (2002) aim to establish a continuous quality improvement approach within the sector.

2.9.1 Homelessness Service Charter

The Charter was developed by Housing and Community Services ACT, which is part of the Department of Disability, Housing and Community Services, and is responsible for the provision of public housing and community services. The Charter was developed through community consultation with service providers and clients in 2005-06 and acknowledges basic human rights, including the rights to dignity, respect, non-discrimination, safety and freedom. The Charter also recognises the right to 'services that will provide secure, stable, short and long-term accommodation based on fair policies'.⁹⁹ It is important to note the preamble to the Charter, which states that 'the Charter is not a law, and the rights it sets out cannot be directly enforced in a court of law. It is a statement of values subject to the laws of the ACT.'.¹⁰⁰

As noted above, the Human Rights Act 2004 introduced in the ACT does not protect the right to adequate housing. The Charter intends to 'improve the circumstances of homeless people by raising community awareness and promoting a rights-based approach to homelessness service delivery'.

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2.9.2 Service Guarantee

The Service Guarantee introduced in the ACT is intended to establish a framework to improve service delivery to clients. Services sign up to the Service Guarantee and pledge to display the Charter and Guarantee on the property. Where accommodation is provided by the service, they are required to issue a Supported Accommodation Assistance Program (SAAP) occupancy agreement or tenancy agreement that protects the person's rights under the Residential Tenancy Act 1997 (ACT).

The provision of agreements to boarders, lodgers and other renters is significant in that it has broad application, provides protection for basic, non-prescriptive legislated rights, provides for the creation of standard terms and allows for access to a dispute resolution tribunal. The NSW Tenant's Union has advocated for the adoption of a similar occupancy agreement in NSW. ¹⁰¹

The Service Guarantee is not intended to override the codes of practice developed by individual agencies. It is designed to provide a minimum level of standard across services and should be read in combination with a manual developed to guide quality improvement for organisations in the ACT, Raising the Standard (2002).¹⁰²

The ACT continues to be involved in the National SAAP V Coordination and Development Committee (CAD), as the coordination group for the state, territory and Australian Government. The CAD is established by legislation and is a formal sub-committee of the Community and Disability Ministers Conference. The CAD developed the evaluation framework for SAAP V.¹⁰³

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2.9.3 Good Practice Standards 2002

The Good Practice Standards, which have been developed for community services operating in the ACT, were the result of a year-long collaborative project between the ACT Government and the community sector which was funded by the (then) Departments of Education and Community Services, Health and Community Care and Chief Minister's.

The Standards aim to achieve service quality improvement in the sector through setting generic benchmarks for quality which are applicable across a range of community service sectors and enabling capacity building of service providers.¹⁰⁴

The Good Practice Standards manual which has been developed (Raising the standard - Good practice standards to guide continuous improvement in community service organisations) offers a practical guide for community service organisations to 'achieve continuous improvement in the quality of their work with clients and communities and in management.'¹⁰⁵

The manual comprises five sections:

• Section 1 - The Good Practice Standards. This standalone booklet includes background to the development of the standards, principles that underpin good practice and standards relevant to a wide range of community service organisations. Standards are provided in relation to governance and management and work with clients and communities.
• Section 2: Self-assessment and quality planning guide. The guide is designed to help organisations decide whether they want to use the standards in quality improvement and then to guide them through self-assessment and quality planning processes.
• Section 3: Tools to support the self-assessment and quality planning. This section provides examples of tools that organisations can use in different aspects of the self-assessment and quality planning process, including gaining client feedback and conducting file audits.
• Section 4: Self-assessment workbook. The workbook is used to record evidence of current good practice identified through self-assessment, along with areas for improvement against each of the standards.
• Section 5: Quality improvement plan workbook. This provides a structured format for deciding and mapping out a quality plan for addressing priority issues.

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2.10 South Australia

2.10.1 Social Inclusion Board

The South Australian Government is working to develop an integrated response to homelessness across government departments. The South Australian Social Inclusion Board, established in 2002, has identified homelessness as a priority focus in addressing the needs of disadvantaged people. In the South Australian Government's response to the Green Paper on Homelessness, it states that:

'We believe that a new approach to homelessness should be led at a national level through a multilateral policy framework connected to the NAHA and social inclusion framework. A new approach should facilitate an enhanced role for mainstream services particularly in preventing homelessness, intervening early when there is a risk of homelessness, providing specialist support and sustainable housing to people who are homeless and providing opportunities for social and economic participation.

The role of the homelessness service sector should be refocussed to provide a crisis response and the delivery of case managed packages of support facilitated by new investment through the NAHA. To ensure the effectiveness of changes made, sound governance and accountability mechanisms must be applied at the Commonwealth and state level and be supported by a robust evidence base and data systems.'

There is minimal information available publicly about how service accreditation or how standards for homelessness services will form part of the South Australian Government's response to homelessness.

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2.10.2 Boarding house legislation

Legislation in South Australia regulating the use of boarding houses is complex and is spread across a number of different Acts, such as the:

• Residential Tenancies Act (1995).
• Local Government Act (1934).
• Public Health and Environmental Health Act (1989).
• Development Act (1993).¹⁰⁶

Shelter SA's submission to the review of the Residential Tenancies Act ¹⁰⁷ outlines some concerns in relation to the lack of protections in place for boarding house residents in South Australia, such as inconsistencies, gaps in coverage, enforcement procedures and effectiveness.¹⁰⁸ The situation is broadly similar to that in NSW in that there are protections provided to residential tenants that are not provided to boarders and lodgers. Shelter SA describes the role that boarding houses play in providing accommodation for marginalised groups in the community:

'The boarding and rooming house sector performs a distinct role in the rental market. It is an important low-cost housing option (often in inner-city areas), and a source of housing for some of the most marginalised people in the community.

People with disabilities, mental illnesses or other circumstances which prevent them from successfully negotiating the private rental market often require accommodation options that they can access more quickly than public housing…As many residents are on very low incomes, may have a disability and have few other housing options, the unregulated nature of the boarding house sector can exacerbate exploitation, substandard living conditions and inadequate accommodation.'¹⁰⁹

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The rights of boarders, lodgers, residents of caravan parks and mobile homes are not well protected under the Residential Tenancies Act (1995). The Residential Tenancies (Rooming Houses) Regulations 1999, which is part of the Residential Tenancies Act (1995), provides some degree of protection to both proprietors and residents. Shelter SA has developed a Guide to Rooming/Boarding House Rights and Responsibilities and plans to conduct an education campaign in conjunction with the Office of Business and Consumer Affairs.¹¹⁰ The booklet outlines minimum entitlements, including the responsibility of the landlord to:

• not interfere with your quiet enjoyment of your room;
• not restrict or interfere with your access to facilities at the rooming house;
• allow you to have access to your room at all times;
• allow you to have reasonable access to toilet and bathroom facilities;
• maintain your room and any facilities that you share in a reasonable state of repair (unless the rooming house is subject to a housing improvement notice);
• repair defects, if aware of their existence; and
• only make house rules that are consistent with the code of conduct, that are reasonable and that help maintain the health and safety of persons in the premises and protect property.¹¹¹

There is some potential to have disputes in relation to these issues resolved at the South Australian Residential Tenancies Tribunal.

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In July 2003 a Boarding House Taskforce was established to advise the Minister of Housing in South Australia about recommendations on areas such as:

• addressing gaps in legislation and governance issues;
• increasing the supply of boarding house stock, stemming the loss of more boarding houses and improving the amenity of current boarding houses;
• improving and assisting with management practices; and
• introducing and monitoring standards of accommodation, amenity and access to support services.

A report from the Boarding House Taskforce was sent to the Minster for Housing in February 2004.¹¹²

Shelter SA has advocated for the establishment and monitoring of minimum standards for boarding houses, acknowledging that such standards may put further pressure onto owners of boarding houses. To compensate for increasing the pressure on boarding houses Shelter SA has recommended that grants or interest-free loans be made available to assist owners to improve the standards of their boarding houses. Shelter SA has also advocated for changes to be made to the Residential Tenancies Act (or the creation of other specific legislation) to provide greater legislative protection for boarding house residents.¹¹³

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There are other initiatives underway by Housing SA. For example, Housing SA is working on improving the standard of publicly owned boarding houses, including acquiring additional buildings suitable for use as boarding houses with a high standard of amenity. Through the SA Housing Trust, Housing SA intends to purchase and improve new boarding houses to assist people who currently use boarding houses but who often move in and out of homelessness.¹¹⁴

The Supported Tenancy Scheme (STS) implements lease agreements between Housing SA and Supported Accommodation Assistance Program (SAAP) services. Regular scheduled visits by government staff to evaluate property maintenance and compliance with lease agreements for STS houses, also maintains health and safety standards.

2.11 Tasmania

Housing Tasmania will facilitate the alignment of the current housing and homelessness service system with the reform agenda established under the National Affordable Housing Agreement (NAHA) and the National Partnership Agreement on Homelessness. Until the legislation to support these initiatives is reviewed, specialist homelessness services will continue to be guided by the Supported Accommodation Assistance Act 1994 (SAA Act) and will work within the Tasmanian Integrated Continuum of Support service system developed under the SAAP.

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2.11.1 Quality Improvement Council Review and Accreditation Program

Under the former Supported Accommodation Assistance Program IV (SAAP IV) Bilateral Agreement, the Tasmanian Government initiated a three-year quality development program to develop and implement a culture of continuous quality improvement across the specialist homelessness services sector. The project was delivered by Quality Management Services (QMS), a licensed provider of the Quality Improvement Council (QIC) Review and Accreditation Program.¹¹⁵

The first phase of the project involved mapping the Tasmanian SAAP Service Standards and SAAP principles to the QIC Core Module.  This process eventuated in 19 standards, two of which were specific to SAAP services:

• Section 1: Building quality organisations
  • Standard 1.1  Leadership and management
  • Standard 1.2  Human resources
  • Standard 1.3  Physical resources
  • Standard 1.4  Financial management
  • Standard 1.5  Knowledge management
  • Standard 1.6  Risk assessment and management
  • Standard 1.7  Legal and regulatory compliance
• Section 2: Providing quality services and programs
  • Standard 2.1  Identifying and meeting community needs
  • Standard 2.2  Focusing on positive outcomes
  • Standard 2.3  Ensuring cultural safety and appropriateness
  • Standard 2.4  Confirming consumer rights
  • Standard 2.5  Empowering consumers
  • Standard 2.6  Coordinating services and programs
• SAAP service delivery standards
  • Standard 2.1  Case planning occurs for each consumer
  • Standard 2.2  Accommodation needs are addressed and assessed
• Section 3: Sustaining quality external relationships
  • Standard 3.1  Service agreements and partnerships
  • Standard 3.2  Collaboration and strategic positioning
  • Standard 3.3  Incorporation and contribution to good practice
  • Standard 3.4  Community and professional capacity building.

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The second phase of the Tasmanian Government's three-year quality development program involved services undertaking the QIC Review Cycle which comprised four key stages: an internal review, an external review, feedback stage and taking action stage. The project concluded in June 2009. 

Overall Housing Tasmania reports that the quality development project has met its key objective in implementing and developing a culture of continuous quality improvement across the sector.  Areas for improvement against some of the standards have been noted, and Housing Tasmania intends to introduce a second initiative aimed at providing sector-wide training opportunities and at providing additional support to some services.

Specialist homelessness services enter into a funding agreement with the Tasmanian Government that requires them to meet generic agency quality and safety standards (QualityFutures); this is also applicable to all community sector organisations funded by the Department of Health and Human Services.  This includes reporting on continuous quality improvement processes and compliance with the generic standards on a six-monthly basis.

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2.11.2 Boarding house and caravan park legislation

There have been claims that the limited availability of short-term accommodation in Tasmania has meant that caravan parks have been used to house homeless clients increasingly over the past four years. The SAAP brokerage model, introduced in 2002, enabled designated services (such as the Salvation Army, Colony 47, and Anglicare) to use SAAP funds to broker accommodation for clients, in private accommodation such as motels and caravan parks. Similar to many other states and territories, the pattern of homeless people being accommodated in boarding houses and caravan parks has raised a number of concerns about the standards and the protections for private accommodation. There is also confusion about which tenants, if any, are protected under the Residential Tenancy Act 1997, which provides basic protections similar to other residential tenancy legislation in place in other states and territories (discussed in the sections above).

Anglicare Tasmania has called for a legislative response to the problem of sub-standard housing, a review of the Residential Tenancy Act - including the incorporation of minimum housing standards -, and a program of inspections and stronger obligations upon landlords to ensure standards. Anglicare has also called for legislative protections to be increased for people living in caravan parks who have very few legal rights and remedies under current legislative arrangements.¹¹⁶

The Tasmanian Government has announced a review of the Residential Tenancy Act in 2010. This review will be managed by the Department of Justice's Consumer Affairs and Fair Trading and will involve consultation with key stakeholders including the community sector.

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2.12 Western Australia

In Western Australia, all Supported Accommodation Assistance Program (SAAP) service agreements between the Western Australian Government and SAAP services require:

• compliance with all Commonwealth and state laws;
• services to work towards WA SAAP Service Standards 2002, including health and safety standards;
• criminal record screening of all employees and volunteers; and
• respondse to Concerns for the Safety and Wellbeing of Children and Young People Protocols.

Services are visited regularly to ensure services are operating within service agreement requirements.

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2.12.1 SAAP Service Standards 2002 (WA)

The SAAP Service Standards 2002 for Western Australia was designed to regulate the quality of services being delivered by services receiving SAAP funding. Shelter in South Australia, has described the Western Australian standards as going 'a long way towards identifying and articulating best practice and could be a sound framework for other states'.¹¹⁷

Standards for SAAP services in Western Australia were first introduced in 1996. The Standards were developed in consultation with SAAP providers across Western Australia and provided minimum standards which were 'agreed, achievable and essential standards of service delivery'. ¹¹⁸

They were used as a guide for services and were not intended to be mandatory or to be prescriptive. Service providers were encouraged to aspire to higher than the minimum standards in the delivery of services. The 2002 Standards are a revised version of the earlier Standards.

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There are 14 service standards which comprise the Western Australian SAAP Service Standards 2002, which can be grouped in to five categories:

1. Direct service provision: Standards 1 to 4

• Standard 1 - Access and eligibility: People have equitable access to services on the basis of need and consistent with the stated aims of the organisation and service agreement.
• Standard 2 - Planning and providing support: The service works in partnership with each client to identify his or her needs and, where appropriate, to develop a support plan.
• Standard 3 - Provision of supported accommodation to young people younger than 18 years, who are not with an adult: People younger than 18 years of age who are not with a responsible adult are assessed with regard to their circumstances, their age, their vulnerability and their legal status, and are provided with or assisted to access appropriate services.
• Standard 4 - Service provision to children accompanying parents/carers: Children accompanying parents/carers have their needs considered, and where possible are provided with or assisted to access appropriate services.

2. Client rights and participation: Standards 5 to 9

• Standard 5 - Client responsibilities: Clients are aware of their rights and responsibilities while they are being supported and/or accommodated by the service.
• Standard 6 - Privacy and confidentiality: The service respects the privacy and confidentiality of clients.
• Standard 7 - Client participation and decision making: The service encourages clients to take an active role in the decision making processes of the service.
• Standard 8 - Complaints procedures: The service has a complaints procedure in place for clients, which is clear and widely known.
• Standard 9 - Understanding and eliminating barriers: The service provider responds in culturally sensitive and appropriate ways to Aboriginal and Torres Strait Islander clients, to clients from culturally and linguistically diverse backgrounds, to clients with disabilities and to clients with diverse sexuality and gender expression. It actively works to identify and to eliminate any barriers clients may face in gaining support from the service.

3. Service networks to support clients: Standard 10

• Standard 10 - Referral and support linkages: The service has effective referral and support linkages with relevant service providers, local community groups and government agencies to support clients.

4. Service management: Standards 11 to 13

• Standard 11 - Service provider structure and decision making: The service provider has clearly defined decision making structures and processes, which facilitate effective service management and accountability.
• Standard 12 - Service planning and quality improvement: The service provider has in place processes to plan and review its activities and services, and direct resources to best meet the needs of the target group.
• Standard 13 - Human resource management: The service provider has effective human resource management systems in place.

5. Health and physical environment: Standard 14

These Standards are to be read in combination with the nationally agreed SAAP standards set out at Section 2.4.5. The guide to the Standards also notes that each standard appears in one area only although some standards may be relevant to more than one area.

• Standard 14 - Health and safety: The service provides a safe and secure environment for clients and staff, where health and safety risks are minimised.

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These Standards are to be read in combination with the nationally agreed SAAP standards set out at Section 2.4.5. The guide to the Standards also notes that each standard appears in one area only although some standards may be relevant to more than one area. Not all standards apply to all service types. Individual agencies will be able to identify, with their Contract Manager, which standards are relevant to their particular service type.

The Standards are also explicit about the need for services to comply with other types of legislation that may be relevant to their service, such as occupational health and safety and disability or local government regulation not included in the Standards. It remains the responsibility of the individual agencies to ensure that they are fulfilling all obligations under the law.¹¹⁹

The implementation guide included in the Standards states that all SAAP services are expected to work towards achieving the Standards. New services and existing services will be required to commit to working towards achieving the Standards during service agreement negotiations. The Standards will be monitored during service reviews by self-assessment and by sampling by Contract Managers.

Before the services are reviewed they are sent a copy of the self assessment checklist for completion. The self-assessment is used during the discussion at the review. Each service review focuses on a select number of standards in detail. If a service is having difficulty meeting a standard, they are required to develop an action plan to achieve the standard. If required, the Contract Manager will provide assistance. The Department for Child Protection, Learning and Development Centre has provided training to help services meet specific service standards.

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The standards described above relate to services funded by the SAAP program (now operating under the National Affordable Housing Agreement, NAHA, framework). Boarding houses, where they are used as crisis accommodation and are funded by SAAP are required to comply with the SAAP Service Standards for Western Australia outlined above.¹²⁰ The regulation in place for services, including boarding houses, which do not receive SAAP/NAHA funding, is unclear.

Similar to other states and territories, the regulation of boarding houses and other temporary accommodation is complex and controversial. A report published in 2005 by Shelter WA argues that 'there is a complete absence of any form of consumer protection for boarders and lodgers in Western Australia'. While tenants in private rental and social housing have some protections, boarders and lodgers are not covered by any comprehensive legislation, such as the Residential Tenancies Act 1987 (WA).

In Western Australia, there is no legislation that provides a framework for the regulation of boarding houses. The Health Act Local Laws (which was made pursuant to the Health Act 1911) provides conditions relating to the built and health conditions of boarding house premises. Boarding and lodging houses are required to be registered with the local government authorities under their respective health Acts.

According to Shelter WA, Western Australia is the only jurisdiction that does not have any specific boarding house legislation (with the exception of NSW which has developed the Boarders and Lodgers Bill 2003, but has not passed the legislation).¹²¹

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2.12.2 Boarding house legislation - comparison across states and territories

A report prepared by Shelter WA provides a useful summary of boarding house legislation across the different states and territories.¹²² As stated in the report, the first major attempt at promoting a universal approach to boarding house legislation across all Australian states and territories was undertaken in 1996 by the Commonwealth Government's Department of Housing and Regional Development.¹²³ The approach of the reforms sought to remedy the imbalance between the rights of tenants and the rights of people staying in more temporary accommodation, stating that:

'In general terms, there is no reason why most provisions of residential tenancies legislation should not have application to boarding houses. The nature of boarding houses is not considered sufficiently different to general private rental tenancies to warrant the lack of application of the basic rights and responsibilities embodied in tenancy law.'¹²⁴

This report recommended that all Australian governments apply minimum legislation standards to their respective boarding house systems. Table 6 (presented over page) has been developed by Shelter WA. It identifies the relevant legislation across the states and territories and highlights key aspects in each of the legislative frameworks. Legislation for Western Australia is absent from the table, presumably because there is no specific legislation regulating the boarding house sector.

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Table Description

Table 5 - Comparison of boarding house/lodging accommodation

	Boarders and Lodgers Bill 2003 [NSW]	Residential Tenancies Act 1997 [Vic]	Residential Services [Accommodation] Act 2004 [QLD]	Residential Tenancies Act 1995 [SA]	Residential Tenancies Act 1997 [Tas]	Residential Tenancies Act [NT]
Act Arrangements	Proposed separate Act	The Rooming Houses Act	Separate from Queensland RTA 1994	Extended protection for rooming housing tenants in Jan 2000	Part 4A of the RTA applies to Boarding premises	Part 17 of the RTA provides limited cover for 'special class' tenancies and 'specified class' of premises
Health covered by other Act	yes	yes	yes	Yes	Yes	no
Crisis Accom. covered by other Act	yes	yes	yes	No	No	yes
Boarders right to reside	yes	yes	yes	no	No	no
Boarders pay rent	yes	yes	yes	yes	No	no
Owners/Boarders repairs/damage	yes	yes	yes	yes	Yes	yes
Owners right of entry	yes	yes	yes	no	Yes	yes
Contract- standard agreement	yes	yes	yes	yes	Yes	yes
Rental bond & rent advance	yes	yes	yes	yes	Yes	yes
Reasons given for termination & notice periods	yes	yes	yes	yes	Yes	yes

Source: Shelter WA, prepared by Jim Anthony, 2005 (December), The Boarding House System in Metropolitan Perth, Occasional Paper 2005-2: 8

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Shelter WA provides an analysis of the different types of legislation, noting that the degree of protection for tenants' rights provided by each jurisdiction varies significantly. Some jurisdictions provide basic housing rights for tenants, whereas other states provide boarders with a 'basic package of explicit legal rights'. Some jurisdictions provide very little at all and some states have legislation that is difficult to interpret. It is significant where states and territories have chosen to protect different rights for boarders than for tenants. The report notes the inherent tension that exists in attempting to regulate the boarding house sector: while regulation may ensure better standards for accommodation, it is also likely to reduce the availability and the viability of boarding house supply.¹²⁵

The relative advantages and disadvantages identified by Shelter WA are presented in Table 7 over page.

Table Description

Table 6 - Advantages and disadvantages of boarding house regulation

Advantages	Disadvantages
Allows legislative protection and a minimal security of tenure for boarders and lodgers	Financial viability: may induce shrinkage of available housing and a reduction of supply - if the regulatory framework is too stringent and costly on boarding house owners
In NSW the Residential Tribunal gives orders and defines procedures which have to be adhered to in regards to termination of agreements and evictions	May impact adversely on the flexible and short-term stay arrangements, which are popular with licensees and with some tenants
Provides the boarders with reasonable termination notice. In non-regulated jurisdictions the notice normally given by licensees to tenants is two days	The majority of boarding house residents are on very low incomes, which makes the payment of bonds and rents in advance difficult
Allows regular scrutiny and regulation of boarding houses' physical conditions and their general health standards. In Western Australia this is carried out by local government officers under the Health Act Local Laws

Source: Shelter WA, prepared by Jim Anthony, 2005 (December), The Boarding House System in Metropolitan Perth, Occasional Paper 2005-2: 9 developed the most suitable best model of regulation?

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2.13 Northern Territory

Information regarding service standards and the protection of rights for homeless people in the Northern Territory is slim. The Northern Territory was a signatory to the Supported Accommodation Assistance Program V (SAAP V), which required compliance with SAAP standards. These are implemented through the NT SAAP Service Standards 1998. In the Northern Territory, SAAP was delivered by the Department of Health and Families.

Housing in the Northern Territory is delivered by Territory Housing. Territory Housing's stated objective is to deliver 'safe, secure and affordable housing to all Territorians'.¹²⁶ Its website also states that:

'The need for shelter is fundamental to the health and wellbeing of individuals, families and the broader community. Housing underpins economic growth and sustainable development. It is an important channel for population growth and stability. Housing plays a vital role in building and maintaining strong communities across the Northern Territory, including those in regional and remote areas.'

There is minimal other information available about the protections in place for homeless people in the Northern Territory. Territory Housing's services include private rental housing assistance and priority housing.

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The Tenancy Unit, within Consumer and Business Affairs, in the Northern Territory is responsible for the day-to-day administration of tenancy legislation. Services provided include advice to landlords and to tenants on their respective rights and responsibilities, and a comprehensive dispute resolution service.¹²⁷

In 2008 there was a shift in Indigenous housing policy, following the Northern Territory Emergency Response triggered by the Wild and Anderson Report, Little Children are Sacred'.¹²⁸

2.14 Quality frameworks operating overseas

2.14.1 Scotland

The homelessness legislation implemented in Scotland since devolution and designed to protect the rights of homeless people has been described by the Scottish Executive as 'the most progressive homelessness legislation in Europe'.¹²⁹ The United Nations Committee on Economic, Social and Cultural Rights has singled out the Scottish legislation as 'best practice', especially in relation to the right to housing as an enforceable right.¹³⁰

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2.14.2 2001 Housing (Scotland) Act

The Scottish Homelessness Taskforce was established in 1999 to investigate the causes and nature of homelessness, which led to the 2001 Housing (Scotland) Act. This Act was significant for two main reasons. Those were:

• firstly, it placed a duty on authorities to
  • carry out homelessness strategies; and
  • make advice and information free of charge and available to all.
• secondly, it increased the rights of homeless people by giving every homeless person the right to:
  • temporary accommodation while their case is assessed;
  • advice, information and temporary accommodation for a reasonable period (including non-priority applicants).
  • the power for everyone to be able to review homeless decisions; and
  • the power for ministers to establish minimum rights to people in hostels.¹³¹

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The 2001 Housing (Scotland) Act led to the development of similar legislation in England and Wales with the establishment of the 2002 Homelessness Act. However, there remained a number of key protections in Scotland that did not exist in England and Wales. According to Homelessness Policy Watch:

'In Scotland, any homeless person is owed the temporary duty to be accommodated, and any person is owed the temporary duty whilst their case is assessed. In England and Wales, such duties only apply to those who are judged to be in priority need.'

'The 2001 Housing (Scotland) Act paves the way for minimum rights for hostel dwellers through secondary legislation. No equivalent was included in the 2002 Homelessness Act in England and Wales.'

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The 2001 Housing (Scotland) Act amended the definition of homelessness, such that the 'threatened with homelessness' definition was extended from one-month to two months.'¹³² As a result, the legislation is applicable to a person if 'it is likely that he will become homeless within two months', on the basis of the definition of 'homeless' set out in the section 3, Housing (Scotland) Act 2001.¹³³

A number of other significant developments have occurred in relation to homelessness legislation in Scotland. The Scottish Homelessness Taskforce made 59 recommendations which were endorsed by the Parliament and were incorporated into the 2003 Homelessness etc (Scotland) Act. In particular the Act and the supporting policies aim to phase out the priority need categories by 2012, which had previously underpinned the allocation of housing. This means that by 2012 all people will have a right to housing, not only those in priority need categories, such as women with children.

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Other significant developments include increasing the duties of authorities to people who are intentionally homeless. When implemented this provision meant that authorities had a duty to provide people who were intentionally homeless, with Short Scottish Secure Tenancy (SSST). The legislation also suspended the local connection provisions that existed in previous legislation. Previously, local authorities were able to refer applicants to other jurisdictions where the applicant had a stronger local connection. The 2003 Homelessness etc. (Scotland) Act suspended this clause in Scotland to 'avoid local authorities sometimes filtering applications before they are made'.¹³⁴

Both the 2001 Housing (Scotland) Act and the 2003 Homelessness etc (Scotland) Act allow for amendments to secondary legislation. This includes the power to legislate on 'the suitability of accommodation' and on 'the rights of people in non-tenancy accommodation (primarily hostel dwellers)'. The Unsuitable Accommodation (Scotland) Order 2004 legislates for accommodation for families and pregnant women to meet certain standards, such as the exclusive use of a toilet and sink, and access to cooking facilities. There have also been attempts to legislate to create minimum rights for hostel dwellers and people in temporary accommodation, through the regulations under Section 7 of the 2001 Housing (Scotland) Act, including a right to a minimum notice period. Difficulties in integrating the regulations with other housing legislation have delayed the process of implementing these regulations.¹³⁵

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2.14.3 Summary and conclusions

This section has reviewed a range of international and Australian quality frameworks that have a bearing on the homelessness service sector. The key findings of this section have been included in the final chapter of this document, which identifies the potential components of a national quality framework for the homelessness service sector.

In summary, there is an increasing focus internationally and in Australia on the need to provide for improved regulation of services to homeless people. In many areas, this move is underpinned by a rights-based legislative framework, which is often a combination of human rights approaches and of consumer rights frameworks and principles. The precise nature of these rights and principles (and the extent to which they are protected in practice) is not always clear and varies considerably by jurisdiction. Some states have moved towards developing standards that are protected in legislation while others have preferred a continuous quality improvement framework for accreditation, which is overseen by a third party.

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Some of the considerations that emerge from the review of existing quality frameworks include:

• the type of quality framework that is most appropriate including, for example, whether an accreditation system should be underpinned by legislation and/or linked to funding;
• the nature and extent of the rights that are to be protected under the new framework; whether accreditation processes should be based on a human rights framework and include rights such as the right to temporary accommodation (which is protected by legislation in Scotland);
• the proposed scope of the national quality framework and the most appropriate way to include services that were not previously funded under SAAP, particularly in regards to the private rental market, to boarding houses and to caravan parks;
• the most appropriate structures that need to be in place to ensure there is independent review and consumer protection in place, including appeals mechanisms, auditing, and sufficient complaints processes;
• the need to provide a clear and straightforward process that, for example, does not deter services from applying for accreditation. This will include providing guidance about how to navigate the range of other legislative requirements that services need in order to achieve accreditation - if this is an element of the national quality framework; and
• the importance of stakeholder engagement, especially with the states and territories in order to achieve collaboration and to overcome limitations in the Australian Constitution.

Overall, consideration of the experiences and successes of each of the states and territories in implementing their own quality frameworks within the homelessness service sector is an important component of this research. Considering the ways in which other sectors, including the disability sector, have implemented quality frameworks also offers important lessons for the development of an accreditation system in the homelessness service sector.

Table 7 below provides a summary of the key issues covered in this section, including the relevant sections in which they are discussed.

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Table Description

Table 7 - Summary reference guide to existing quality frameworks - Australia and overseas¹³⁶

Jurisdiction	Legislation/international instrument	Policy/quality mechanism	Relevant section
International	Universal Declaration of Human Rights 1948z International Covenant on Economic, Social and Cultural Rights (ICESCR) 1976 International Covenant on Civil and Political Rights (ICCPR) 1976		Section 2.2
Australian (Cth)	Supported Accommodation Assistance Act 1994 Disability Services Act 1986 Anti-Discrimination Act 1977 Social Security Act 1991 Housing Assistance Act 1996 National Human Rights Consultation leading to potential Cth human rights legislation	National Affordability Housing Agreement and National Partnership Agreement on Homelessness National SAAP Standards (endorsed 1996)	Section 2.3
Victoria	Charter of Human Rights and Responsibilities Act 2006 Residential Tenancies Act 1997	Homelessness Assistance Service Standards (HASS) Homelessness Advocacy Service (HAS)	Section 2.6
Queensland	Residential Tenancies and Rooming Accommodation Act 2008 The Residential Services (Accreditation) Act 2002	Standards for Community Services (2007)	Section 2.7
New South Wales	Residential Tenancies Act 1987 (NSW)	Performance Monitoring Framework for SAAP services NSW SAAP Standards 1998	Section 2.8
Australian Capital Territory	Human Rights Act 2004 Residential Tenancy Act 1997 (ACT).	Homelessness Charter (the Supported Accommodation Assistance Program Guarantee) ACT Service Guarantee Good Practice Standards 2002	Section 2.9
South Australia	Residential Tenancies Act (1995) Local Government Act (1934) Public Health and Environmental Health Act (1989) Development Act (1993).	SAAP Performance Management Framework 2005	Section 2.10
Tasmania	Residential Tenancy Act 1997	Tasmanian SAAP Service Standards 2006 Community Services Core Module Standards	Section 2.11
Western Australia	Residential Tenancies Act 1987 (WA) Health Act Local Laws (pursuant to the Health Act 1911)	WA SAAP Service Standards 2002	Section 2.12
Northern Territory		NT SAAP Service Standards 1998	Section 2.13
Scotland	Housing (Scotland) Act 2001 Homelessness etc (Scotland) Act 2003		Section 2.14
United Kingdom	Human Rights Act 1998 Homelessness Act 2002		Section 2.3.2, Section 2.14

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33. Australian Government, 2008, White Paper - The Road Home: A National Approach to Reducing Homelessness, p.43.
34. Ibid., p.43.
35. Ibid., p.43.
36. Council of Australian Governments (COAG), Intergovernmental Agreement (IGA) on Federal Financial Relations, http://www.coag.gov.au/intergov_agreements/federal_financial_relations/index.cfm
37. Specialist homelessness services are defined broadly as 'services that work to assist people who are homeless or at risk of homelessness' in: Australian Government, 2008, White Paper - The Road Home: A National Approach to Reducing Homelessness
38. The Hon. Justice Sackville, 2004, 'Homelessness, human rights and the law', Australian Journal of Human Rights , 2, p.3
39. Ibid., 2, p.3
40. The Universal Declaration of Human Rights 1945, Art 25(1), extracts in His Hon. Justice Ronald Sackville, 2004, 'Homelessness, human rights and the law', Australian Journal of Human Rights, 2, p.3
41. The Hon. Justice Sackville, (2004) 'Homelessness, human rights and the law', Australian Journal of Human Rights 2, p.3
42. Act 11(1) of the International Covenant on Economic, Social and Cultural Rights
43. Human Rights Education Association, 'The right to housing', viewed at www.hrea.org/index.php?base_id=149
44. The Hon. Justice Sackville, (2004) 'Homelessness, human rights and the law', Australian Journal of Human Rights 2, p.4
45. Innes, G., AM, Human Rights Commissioner, HREOC, 2008 (March) 'Can rights solve the issue of homelessness?' Launch of the February 2008 'To Make a Difference: Human Rights and Homelessness' Special Edition of Parity, p.3
46. Ibid., p.4
47. Human Rights Law Resource Centre Bulletin, June 2008. Australian Human Rights Commission, Let's Talk About Rights, National Human Rights Consultation Toolkit, February 2009, p.3, viewed at: www.hreoc.gov.au/letstalkaboutrights/downloads/HRA_homeless.doc
48. National Human Rights Consultation Committee, 2009, About the National Human Rights Consultation, Share your Views, www.humanrightsconsultation.gov.au/
49. Nicholson, D., The Human Right to Housing in Australia, Produced for the Housing is a Human Right Project, Centre on Housing Rights and Evictions, p.6, viewed at www.vcoss.org.au/documents/VCOSS%20docs/Housing/Human%20right%20to%20housing_Eb.pdf
50. Ibid.
51. These issues are summarised on the Gilbert and Tobin Centre for Public Law Website, University of New South Wales, www.gtcentre.unsw.edu.au/Resources/hlr/homelessnessAndTheLaw.asp
52. A comprehensive list of publications is available on the Gilbert and Tobin Centre for Public Law Website, University of New South Wales, http://www.gtcentre.unsw.edu.au/Resources/hlr/homelessnessAndTheLaw.asp
53. Note: SAAP is discussed in detail in Sections 2.4.3 and 2.4.4 below
54. Council of Australian Governments (COAG), http://www.coag.gov.au/intergov_agreements/federal_financial_relations/index.cfm
55. Homelessness Australia, A Discussion Paper on the National Affordable Housing Agreement, viewed at http://www.homelessnessaustralia.org.au/UserFiles/File/NAHA%20Discussion%20Paper.doc
56. Australian Government Budget, 2009 - 2010, Part 6 Accountabilities under the Federal Financial Relations Framework, viewed at www.budget.gov.au/2009-10/content/bp3/html/bp3_accountabilities.htm
57. Australian Government, 2008, White Paper - The Road Home: A National Approach to Reducing Homelessness, p. 41
58. Productivity Commission, Report on Government Services, Vol 2: Health and Community Services, Housing, section 15.11, http://www.pc.gov.au/__data/assets/pdf_file/0004/85360/volume2.pdf
59. National homelessness clearing house, available at: www.homelessnessinfo.net.au/index.php?option=com_content&view=article&id=12&Itemid=14
60. State Government of Victoria, Department of Community Services, viewed at www.housing.vic.gov.au/community-and-housing-partnerships/community-housing/accreditation
61. Cooper, B., 2009, Suggested Standards of Practice for Case Management for Homeless Services, viewed at www.homelessnessinfo.net.au/dmdocuments/standards_of_practice_for_case_management_for_homeless_services_brian_cooper_june_2009.pdf
62. The information in this section has been obtained from the State Government of Victoria, Department of Human Services, Office of Housing website: www.housing.vic.gov.au/community-and-housing-partnerships/community-housing/accreditation
63. Australian Government, 2008, White Paper - The Road Home: A National Approach to Reducing Homelessness, p. 43.
64. Ibid., p.43.
65. HASS, Section 1: Upholding and promoting rights at 1: http://www.housing.vic.gov.au/community-and-housing-partnerships/community-housing/accreditation
66. HASS, Section 2 Access to support for people experiencing homelessness at 1: www.housing.vic.gov.au/community-and-housing-partnerships/community-housing/accreditation
67. Standard 3.1, HASS Section 3: Direct service delivery and case management at 2:www.housing.vic.gov.au/community-and-housing-partnerships/community-housing/accreditation
68. State Government of Victoria, Office of Housing, viewed at www.housing.vic.gov.au/community-and-housing-partnerships/community-housing/standards-and-guidelines.
69. Ibid.
70. Victorian Civil and Administrative Tribunal Website, www.vcat.vic.gov.au/CA256DBB0022825D/page/Residential+Tenancies-Legislation?OpenDocument&1=70-Residential+Tenancies~&2=35-Legislation~&3=~
71. Homelessness Advocacy Service (HAS) website, www.melbourne.homeless.org.au/has.html
72. Queensland Government's, Responding to Homelessness Strategy Brochure, www.housing.qld.gov.au/about/pdf/homelessness_brochure.pdf
73. Queensland Fire and Rescue Service, Media Release, 10 May 2002, http://www.fire.qld.gov.au/news/view.asp?id=141
74. This section is extracted from the Residential Tenancies Authority, Review of the Residential Services (Accommodation) Act 2002, Discussion Paper, February 2006, p.1
75. Ibid., p.1.
76. Part 1, Section 4 of the Residential Services (Accreditation) Act 2002
77. Queensland Department of Employment, Economic Development and Innovation, Fair Trading within the State of Queensland, viewed at www.fairtrading.qld.gov.au/residential-service-accreditation.htm
78. Ibid.
79. Ibid.
80. Ibid.
81. Residential Tenancies Authority, Review of the Residential Services (Accommodation) Act 2002, Policy Review Paper, viewed at www.rta.qld.gov.au/zone_files/Docs/rs_policy_review_paper_web.pdf
82. Ibid.
83. Residential Tenancies Authority, Residential Tenancies Authority Legislation, viewed at www.rta.qld.gov.au/residential_tenancies_legislation.cfm
84. Residential Tenancies Authority (Queensland), www.rta.qld.gov.au/residential_tenancies_rooming_accom_act.cfm
85. Queensland Government, Department of Communities, Standards for Community Services, viewed at http://www.communityservices.qld.gov.au/community/strengthening_ngos/initiatives/standards.html
86. Ibid.
87. NSW Department of Community Services, The Good Practice Guidelines for DoCS Funded Services, viewed at www.community.nsw.gov.au/for_agencies_that_work_with_us/our_funding_programs/about_our_funding_reform/good_practice_guidelines.html
88. Forell, S., McCarron, E., & Schetzer, L., No home, no justice? The legal needs of homeless people in NSW, Law and Justice Foundation of NSW, Sydney, 2005, viewed at http://xml.lawfoundation.net.au/ljf/site/articleIDs/46AFCFE76A8314F8CA25707500815B9F/$file/no_home_no_justice.pdf
89. University of New South Wales, Tenants Rights Fact Sheet: Residential Tenancies Act: http://www.asc.unsw.edu.au/info/RTAact.pdf
90. Note: This list is not exhaustive. Tenants' Advice and Advocacy Service, Tenants Rights Fact Sheet: Residential Tenancies Act: http://www.asc.unsw.edu.au/info/RTAact.pdf
91. See for example: Forell, S., McCarron, E., & Schetzer, L., No home, no justice? The legal needs of homeless people in NSW, Law and Justice Foundation of NSW, Sydney, 2005
92. The Tenants' Advice and Advocacy Service: Boarders and Lodgers Fact Sheet, viewed at http://intranet.tenants.org.au/print/fs14.htm
93. Ibid.
94. This section has been extracted from the Community Services Fact Sheet No 4: Licensed Boarding Houses, NSW Ombudsman

    The Tenant's Advice and Advocacy Service: Boarders and Lodgers Fact Sheet, viewed at http://intranet.tenants.org.au/print/fs14.htm

97. Forell, S., McCarron, E., & Schetzer, L., 2005, No home, no justice? The legal needs of homeless people in NSW, Law and Justice Foundation of NSW, p. xxi viewed at http://xml.lawfoundation.net.au/ljf/site/articleIDs/46AFCFE76A8314F8CA25707500815B9F/$file/no_home_no_justice.pdf
98. Stanhope, J., Chief Minister ACT, 'ACT Homelessness Charter Launched', Media Release, April 29 2009, viewed at http://www.chiefminister.act.gov.au/media.php?v=6713&m=52&s=5
99. ACT Government, Homelessness Charter, http://www.dhcs.act.gov.au/__data/assets/pdf_file/0005/25376/Charter.pdf
100. Ibid
101. Tenants' Union of NSW; http://www.tenants.org.au/artman2/uploads/1/occ_ag_bp.pdf
102. Minister for Disability and Community Services, Breaking the Cycle: The ACT Homelessness Strategy Annual Progress Report July 2006 - June 2007, p. 12
103. Ibid., p.25.
104. ACT Government Department of Disability, Housing and Community Services, 2002 ,Raising the Standard - a manual to guide quality improvement in ACT community service organisations, viewed at http://www.dhcs.act.gov.au/__data/assets/word_doc/0012/5007/Intro.doc
105. Ibid.
106. Shelter SA, Snapshotz, Boarding Houses, www.sheltersa.asn.au/Documents/Snapshotz/Boarding%20Houses.pdf
107. Shelter SA, Submission for the Review of the Residential Tenancy Act (1995), February 2003, p. 4, viewed at http://www.sheltersa.asn.au/Documents/Submission%20for%20Review%20of%20RT%20Act.pdf
108. Shelter SA, Snapshotz, Boarding Houses, http://www.sheltersa.asn.au/Documents/Snapshotz/Boarding%20Houses.pdf
109. Ibid.
110. The Guide is available at http://www.ocba.sa.gov.au/assets/files/roominghouse_residents.pdf
111. South Australian Government, Office of Consumer and Business Affairs, A Quick guide for Rooming House Residents, viewed at www.ocba.sa.gov.au/assets/files/roominghouse_residents.pdf
112. Shelter SA, Snapshotz, Boarding Houses, viewed at www.sheltersa.asn.au/Documents/Snapshotz/Boarding%20Houses.pdf
113. Shelter SA, Submission for the Review of the Residential Tenancy Act (1995), February 2003, http://www.sheltersa.asn.au/Documents/Submission%20for%20Review%20of%20RT%20Act.pdf
114. Government of South Australia, Social Inclusion Initiative Briefing Paper, August 2004, viewed at http://www.socialinclusion.sa.gov.au/files/Homelessness_Briefing_Aug2004.pdf
115. Quality Improvement Council, viewed at ://www.qic.org.au/about.html
116. Anglicare Tasmania, 2007 (October), Housing: Building a Better Tasmania, A Call for Change from the Tasmanian Community Sector, www.anglicare-tas.org.au/index.php?option=com_docman&task=doc_view&gid=133&Itemid=75
117. Shelter SA, 2008, Response to 'Which Way Home': A New Approach to Homelessness', p.9, viewed at www.sheltersa.asn.au/Documents/Response%20to%20Green%20Paper.pdf
118. Western Australian Government, Department for Community Development, SAAP Service Standards 2002, p. 3, viewed at www.community.wa.gov.au/NR/rdonlyres/930BD52B-EA09-4F18-A5F1-1EFBBBD1BB3D/0/DCDPLNSAAPServiceStandardsWA2002.pdf
119. Western Australian Government, Department for Community Development, SAAP Service Standards 2002, p. 10-12, viewed at www.community.wa.gov.au/NR/rdonlyres/930BD52B-EA09-4F18-A5F1-1EFBBBD1BB3D/0/DCDPLNSAAPServiceStandardsWA2002.pdf
120. Shelter WA, prepared by Jim Anthony, 2005 (December), The Boarding House System in Metropolitan Perth, Occasional Paper 2005-2, p.7; viewed at www.shelterwa.org.au/publications/resandproj/OP2005-2.pdf
121. Ibid
122. Ibid
123. Town of Vincent: Guidelines for Lodging Houses, www.vincent.wa.gov.au
124. Town of Vincent: Guidelines for Lodging Houses, viewed at www.vincent.wa.gov.au, p. 93
125. Shelter WA, prepared by Jim Anthony: 2005 (December),The Boarding House System in Metropolitan Perth, Occasional Paper 2005-2, p.10; viewed at www.shelterwa.org.au/publications/resandproj/OP2005-2.pdf
126. Territory Housing (Northern Territory), viewed at www.territoryhousing.nt.gov.au/
127. Northern Territory Government, Department of Justice, www.rentaustralia.com.au/content/cms/Renting+in+Northern+Territory/374/
128. NT Shelter, 2009 (February), Submission to the Territory 2030 Steering Committee, p 22
129. Homelessness Policy Watch, About Homelessness, Scottish Legislative Framework, viewed at www.crisis.org.uk/policywatch/pages/scottish_legislative_framework.html
130. Bowcott, O., 'UK should adopt pioneering Scottish homelessness law, says UN', Wednesday 3 June 2009, viewed at www.guardian.co.uk/society/2009/jun/03/un-scottish-homelessness-law-recommendations-housing
131. Homelessness Policy Watch, About Homelessness, Scottish Legislative Framework, http://www.crisis.org.uk/policywatch/pages/scottish_legislative_framework.html
132. Ibid.
133. Govan Law Centre, viewed at http://www.govanlc.com/section24as_amended
134. Ibid.
135. Ibid.
136. Note: This list is not exhaustive

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