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Research Report: No home, no justice?
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No home, no justice? (2005) Cite this report

Ch 4. Legal issues facing homeless people in NSW



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Debt


Debt is experienced as both a precursor to homelessness and as a feature of people’s lives once they are homeless. Consistent with Chamberlain and MacKenzie’ ‘housing crisis career’, the accumulation of debt when people are already financially disadvantaged can result in people losing their accommodation.135 This can be made worse by gambling and drug and alcohol issues.136 Preliminary analysis of the Law and Justice Foundation’s Legal Needs Survey 2003 suggests that nearly three times the number of homeless people had experienced credit or debt problems compared with other respondents.137 The Interim Evaluation Report of the FHPP found that two-thirds of the 242 families assisted in the project had debts, while only 5% had sufficient funds to cover bonds or emergencies.138

Debt also figures in people’s lives once they have become homeless. All the legal clinics supporting homeless people consulted for this study indicated that they commonly assisted homeless clients with debt matters.139 For instance, debt was one of the three most common legal problems dealt with by the PIAC/PILCH HPLS in its first six months of operation. When fine matters are added to general debt, then these constituted 15% of the 267 legal problems dealt with in this period.140 The LCRC submission to the Law and Justice Foundation for the current study noted:


    The accumulation of fines, arrears on contract repayments, Centrelink repayments and repayments to pawn brokers mean these clients need someone to advocate on their behalf [to] (i) negotiate and implement a system of payment by instalments or (ii) to reduce amounts being unfairly claimed by creditors.141

Consultations with caseworkers, other stakeholders and homeless people themselves indicated that some of the debts that tipped people into homelessness (e.g. rent arrears), continued to impact on their lives once they have become homeless. Indeed, debt to government agencies including fines, Centrelink-related debt and housing debt were major issues for those consulted. The nature and impact of these types of debt are discussed in greater detail in the relevant sections of this chapter.

Mobile phone debt also was identified as a problem for homeless people by a couple of stakeholders.142 The LCRC reported that the biggest consumer problem facing its clients related to the charges levied by mobile phone companies when contracts are ended prematurely by customers.143


    I just stopped the contract, and told them where to put it, and their phone literally. They reckon I owed them $600, but the phone hadn’t been working anyway. They chased me for a while, sent me some letters, but then they stopped. It would cost them more to go to court and get the money out of me anyway.144

The LCRC submission to this project stated that “many of the clients coming to the LCRC are easy targets for people selling ‘attractive’ ways of life, the mobile phone companies take advantage of those who can least afford contracts”.145 A caseworker from Newcastle commented that for many people who are homeless, mobile phones provide the only stable point of contact available to them. This is particularly important when people are searching for employment or housing. The mobile phone takes on greater significance when a person’s accommodation may be changing rapidly. This same caseworker observed that homeless people may enter into contracts even if they are aware that they will not be able to make repayments.146

Debt to banks, particularly from overdrawn accounts, was also raised as an issue of concern. One caseworker referred in particular to difficulties with direct debit facilities. Where a person has arranged to have bills directly debited from their account, and it happens that there are insufficient funds to pay a certain bill, the bank may choose to process the direct debit anyway. If this happens, the bank may charge the person a dishonour fee, an account overdrawn fee, and interest on the overdrawn amount.147 The total sum of the fees can have a considerable impact.


    How the banks let them overdraw I’ve got no idea. They then get charges on their debits which puts them more in debit, and then they get more charges. They never get ahead. I try and tell people to at least leave $5 in their account every month. It’s a big problem with people who are alcoholics.148

Thus, a common feature of debt and debt repayment for the homeless, irrespective of its source, is that it often compounds, not only making the debt harder to repay but also leaving less funds available for adequate housing.

MacKenzie and Chamberlain, Homeless Careers, p. 7.
Consultation with Brian Hockings, Welfare Services Manager, Matthew Talbot Hostel, November 2003, see also Lynch Begging for Change. For a discussion on the relationship between gambling and homelessness see E Antonetti & M Horn, Gambling the Home Away: A Study of the Impact of Gambling on Homelessness, Hanover, Melbourne, 2001.
Law and Justice Foundation of NSW, Legal Needs Survey 2003.
RPR Consulting, FHPP Interim Evaluation Report, pp. 56.
As indicated by data provided by the LCRC, BDW clinics at Exodus and Lous Place, and the PIAC/PILCH HPLS. See Chapter 6 for a description of these services.
Data provided by the PIAC/PILCH HPLS, for the period 28 May to 27 November 2004.
Submission by Prue Gregory on behalf of the LCRC, 21 September 2002.
NHHIN Forum, Workshop Group 1, submission by Prue Gregory on behalf of the LCRC, 21 September 2002.
Submission by Prue Gregory on behalf of the LCRC, 21 September 2002.
Interview no. 15.
Submission by Prue Gregory on behalf of the LCRC, 21 September 2002.
NHHIN Forum, Workshop Group 1.
CCLC, Pitfalls with Direct Debits from Cheque/Savings Accounts, <http://www.cclcnsw.org.au/DFT_Project_2002/module_18_Banking/cw_dd.html> (accessed November 2004).
Consultation with Manager, Walgett Centrelink, February 2004.

135  MacKenzie and Chamberlain, Homeless Careers, p. 7.
136  Consultation with Brian Hockings, Welfare Services Manager, Matthew Talbot Hostel, November 2003, see also Lynch Begging for Change. For a discussion on the relationship between gambling and homelessness see E Antonetti & M Horn, Gambling the Home Away: A Study of the Impact of Gambling on Homelessness, Hanover, Melbourne, 2001.
137  Law and Justice Foundation of NSW, Legal Needs Survey 2003.
138  RPR Consulting, FHPP Interim Evaluation Report, pp. 56.
139  As indicated by data provided by the LCRC, BDW clinics at Exodus and Lous Place, and the PIAC/PILCH HPLS. See Chapter 6 for a description of these services.
140  Data provided by the PIAC/PILCH HPLS, for the period 28 May to 27 November 2004.
141  Submission by Prue Gregory on behalf of the LCRC, 21 September 2002.
142  NHHIN Forum, Workshop Group 1, submission by Prue Gregory on behalf of the LCRC, 21 September 2002.
143  Submission by Prue Gregory on behalf of the LCRC, 21 September 2002.
144  Interview no. 15.
145  Submission by Prue Gregory on behalf of the LCRC, 21 September 2002.
146  NHHIN Forum, Workshop Group 1.
147  CCLC, Pitfalls with Direct Debits from Cheque/Savings Accounts, <http://www.cclcnsw.org.au/DFT_Project_2002/module_18_Banking/cw_dd.html> (accessed November 2004).
148  Consultation with Manager, Walgett Centrelink, February 2004.


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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, Sydney 2005