Note: the original hard copy of this report is 347 pages. Would you like to order a hard copy?

No home, no justice? The legal needs of homeless people   , 2005 This report into the legal needs of homeless people explores the capacity of homeless people in NSW to obtain legal assistance; to participate effectively in the legal system; and to obtain assistance in legal processes from non-legal advocacy and support agencies. It also examines the role of non-legal support workers and agencies in assisting homeless people to identify and address their legal issues. It is based on a review of existing literature and consultations with legal and non-legal service providers and homeless people themselves....

---

Ch 3. Homelessness in NSW

For me, homelessness is when your family and friends can’t be sure where to find you. Destitute homelessness is when nobody goes looking for you.¹

Homeless people in NSW are not a single homogenous group. They include men, women, young people and children, living in a variety of circumstances in locations across NSW. Individual characteristics, circumstances and location can all impact on the range of legal issues homeless people face, the barriers to addressing these legal issues and the pathways for providing legal information and assistance to this diverse group of disadvantaged people. Therefore, an overview of the main characteristics of the NSW homeless population is appropriate. This chapter discusses:

• how many people are experiencing various forms of homelessness in NSW
• the geographic distribution of homelessness
• the demographic and other characteristics of homeless people
• common pathways into homelessness.

Data sources used in this chapter were detailed in Chapter 2.

Numbers of homeless people in NSW

On Census night 2001, there were an estimated 26 676 homeless people in NSW. This equates to 42.2 homeless people per 10 000 in the NSW population.² NSW has the highest number of homeless people, but one of the lowest rates of homelessness in the nine States and Territories in Australia.³

Table 3.1: Number of persons in different sectors of the homeless population, Australia and NSW, Census night 2001

	Australia		NSW
	N	%	N	%
Boarding houses	22 877	23	7815	29
SAAP accommodation	14 251	14	3918	15
Friends/relatives	48 614	49	12 123	45
Improvised dwellings, sleepers out	14 158	14	2 820	11
TOTAL	99 900	100	26 676	100

Source: Chamberlain & MacKenzie, Counting the Homeless 2001: NSW, Table 1, p. 6.

As indicated in Table 3.1, on Census night 2001, more than 12 100 people in NSW were living temporarily with friends or relatives.⁴ This represents about 45% of the homeless population. On the same night, over 7800 people were living in boarding houses in NSW, while approximately half this number (3918) were staying in SAAP accommodation.⁵ More than 2800 people (11% of the homeless on Census night) were living in ‘improvised dwellings’, including parks, cars, trains and derelict buildings.

As a ‘snapshot’ of the situation on Census night, these data do not convey the high levels of mobility that are typical of the homeless population.⁶ For instance, a woman who was counted as staying in SAAP accommodation on Census night may have been staying with friends prior to staying at a SAAP service, and then slept rough for the rest of the week.

Marginal residents of caravan parks

In addition to the nearly 26 700 people counted by the ABS as homeless, Chamberlain and Mackenzie have identified a further 6881 people as ‘marginal residents of caravan parks’. ‘Marginal residents of caravan parks’ are households who live permanently in residential parks, where no member of the household is in full-time employment and their accommodation is rented.⁷ When marginal residents of caravan parks are included in the figures, the total number of homeless people in NSW on Census night 2001 rises to 33 557 (see Table 3.2).

Table 3.2: Homeless people in different sectors of the NSW population, including marginal residents of caravan parks, 2001

	NSW
	%	N
ABS-defined ‘homeless’ in NSW (see Table 3.1)	79.5	26 676
Marginal residents of caravan parks	20.5	6881
TOTAL	100	33 557

Source: Chamberlain & Mackenzie, Counting the Homeless 2001, Table 10, p. 11, Table 6.3, p. 45.

As discussed in Chapter 1, marginal residents of caravan parks together with boarding house residents make up the tertiary homeless population. Chamberlain and Mackenzie found that while 77% of boarding house residents live in the Greater Sydney area, 78% of ‘marginal residents’ of caravan parks reside in regional centres and country towns outside of Sydney.⁸ On the basis of these figures, they made a key observation that caravan parks are used as alternatives to boarding houses outside the capital cities. They also observed that in areas where no SAAP services are available, welfare agencies may send clients to caravan parks for accommodation. Finally, it should be noted that marginal residents of caravan parks only made up about 15% of all people staying in caravan parks on Census night 2001.⁹

Clients of SAAP services in NSW

There are currently 397 SAAP services in NSW, 177 (45%) of which target youth and 89 (22%) that target women escaping domestic violence. One hundred and sixty-six SAAP agencies (42%) are located in Sydney.¹⁰

In 2002–03, NSW SAAP services provided 47 900 ‘support periods’ to

25 450 different clients.¹¹ In addition, 12 400 support periods were provided to 9900 children under the age of 18 who accompanied their parents.¹² Support may include accommodation, referrals, meals, counselling, washing facilities and/or other services.¹³

While the number of SAAP support periods provided in NSW has steadily declined since 1996–97, the number of SAAP clients has remained relatively stable.¹⁴ It is estimated that there were 10 750 requests for support that could not be met in the 2002–03 year.¹⁵

Where do homeless people live in NSW

Census and SAAP data indicate that people become and remain homeless throughout NSW, with pockets of high homelessness rates in city, suburban, regional, coastal and rural locations. The distribution of homeless people in NSW has significant implications for potential models of legal service delivery to this group of clients. As Chamberlain and MacKenzie note:

Most people become homeless in outer suburbs, regional centres and country towns. The provision of early intervention services in these areas assists people in the early stages of homelessness, including those at risk, and reduces the move to the inner city.¹⁶

Homelessness in Sydney

Sixty-three per cent of the NSW population live in Greater Sydney.¹⁷ However 58% of those designated as homeless in the 2001 Census live in Greater Sydney. When marginal residents of caravan parks are included as part of the homeless population, only 51% of the homeless in NSW live in the Greater Sydney area (see Table 3.3).

Table 3.3: Number of homeless people and rate per 10 000 of population, excluding and including marginal caravan park residents, NSW, 2001

	Sydney	Hunter & Illawarra	Rural & remote	Coastal	NSW total*
Homeless	15 456	3527	3365	4085	26 676
Rate per 10 000	39	37	46	61	42
Caravan park residents	1541	1516	1108	2716	6881
TOTAL	16 997	5043	4473	6801	33 557
Rate per 10 000 incl. caravan park residents	43	53	61	102	53
% OF TOTAL	50.7	15	13.3	20.3	100

* No geographical information on 243 people

Source: Chamberlain & MacKenzie, Counting the Homeless 2001: NSW, Table 7.9, p. 57.

Census data indicate that there is a very high rate of homelessness in the city core (164 per 10 000). However, about 70% of homeless people in Greater Sydney (more than 10 775 people) are living in suburban Sydney, but outside the central and inner-city area. When marginal residents in caravan parks are included in the picture, 72% of the homeless in Greater Sydney live in suburban areas (see Table 3.4).

In contrast to the city core, approximately half of the homeless people (including marginal residents of caravan parks) in the outer city and growth corridor areas are living with family or friends. A sizeable minority remain in boarding houses or SAAP accommodation in these areas.

Table 3.4: Geographic distribution of homeless people and marginal residents of caravan parks in Greater Sydney, by accommodation type, 2001

	Core N=4681	Ring N=4475	Ring N=4904	Corridor N=2937	Sydney N=16 997
	%	%	%	%	%
Boarding house	56	51	17	11	36
SAAP	21	10	10	12	13
Friends/relatives	16	36	52	44	37
Improvised dwelling/rough sleepers	17	3	5	8	6
Caravan park	0	0	16	26	9
Total	100	100	100	100	100
Rate per 10 000	164	47	26	36	43

City Core = City of Sydney, Botany Bay, Leichhardt, Marrickville, South Sydney

Inner City Ring = Lower Northern Sydney, Eastern Suburbs, Inner Western and Central Western Sydney (Auburn, Holroyd and Parramatta)

Outer City Ring = St George–Sutherland; Blacktown; Canterbury–Bankstown; Fairfield–Liverpool; Central Northern Sydney; Northern Beaches

Growth corridors: Outer Western Sydney (Penrith, Blue Mountains); Outer South Western Sydney (incl. Campbelltown); Gosford Wyong Growth Corridor.

Source: Chamberlain & MacKenzie, Counting the Homeless 2001: NSW, Tables 4.3 and 4.5, pp. 42–3.

The figures also indicate that there are many people sleeping rough in outer suburban areas. While they are dispersed over a greater geographic area, there are similar numbers of people sleeping rough in outer suburban and growth corridor areas (475 people) than in the city core and inner city (454 people).¹⁸

Finally, there are more than 1500 people living as marginal residents of caravan parks in the Greater Sydney area—slightly more than are accommodated in SAAP services in these areas.

Homelessness in regional and rural NSW

While there are more homeless people in Sydney than in other regions of the State, the rate of homelessness per head of population is very high in some rural and regional locations. The homeless rate for coastal NSW¹⁹ (excluding marginal caravan park residents) is 61 per 10 000 (see Table 3.3), compared with 39 per 10 000 in Greater Sydney. However, the distribution and accommodation of the homeless population within these areas vary considerably. For instance, in Tweed Heads 80% of the homeless were with family or friends, but in Lismore only 45% were accommodated in this way. In Coffs Harbour 27% were living in improvised dwellings or sleeping rough.²⁰

When marginal residents of caravan parks are included, the rate of homelessness for coastal NSW rises to 102 per 10 000. This is perhaps not surprising as 40% of all marginal caravan park residents were living in coastal NSW.²¹ Tweed Heads had the highest number of marginal residents of caravan parks in this area (452 people), while a further 200 were living in each of Coffs Harbour and Port Macquarie. Following is a description of residential parks in the Tweed area:

In Tweed Heads there are “about 30” caravan parks. Some cater exclusively for tourists, but others rent out vans to poor people in the off-season. Rents are increased in the summer and marginal tenants are forced to move on. Local informants identified four parks which mainly provide accommodation for poor people and emergency accommodation. They were said to be ‘very run down’.²²

While the above overview describes different rates and types of homelessness in NSW, it has not described homelessness in each part of the State. This information is available in Chamberlain and Mackenzie’s report, Counting the Homeless 2001: NSW.²³ The purpose of describing a portion of these data has been to demonstrate that homelessness is a statewide issue, and that the way homeless people are accommodated may vary from area to area. This heterogeneity should be taken into account when considering the legal needs of homeless people in this State.

The transient homeless population

As stated earlier, mobility in and out of housing and other accommodation is a feature of homelessness. However, in addition to people moving from place to place within one area, people move in and out of Sydney and between other locations within NSW and interstate. Shelter NSW described young people in particular moving between country locations, where there is cheap accommodation but no work (e.g. the North Coast), to inner suburban parts of Sydney where there is work, but accommodation is very expensive.²⁴ This is consistent with the experience of the Northern Rivers Legal Centre, which describes a similar pattern, particularly among people with mental illnesses or alcohol and other drug issues.²⁵ Unfortunately, there are no reliable statistics available on the numbers of transient homeless people in NSW.

Who is homeless in NSW

As the following data show, the homeless population in NSW is relatively young, has an increasing proportion of women, an over-representation of Indigenous people, and a high proportion of people with complex needs. Note that the main sources of data for the following discussion are the 2001 Census data as reported by Chamberlain and Mackenzie, and AIHW statistics regarding SAAP clients.

Age

As shown in Table 3.5, an estimated 43% of the NSW homeless population in 2001—nearly 11 500 people—were aged less than 25 years. Yet according to the census data, only 34% of the general population is younger than 25 years.²⁶ Nine per cent of homeless people were children under 12 years of age who were homeless with at least one adult, and another 35% were people aged between 12 and 24 years of age.

Table 3.5: Number and percentage of homeless people (excluding marginal caravan park residents) by age, and percentage female in each age group, NSW 2001

	N	% of homeless population	% who are female
Under 12	2357	9	48
12–18	6242	23	52
19–24	2895	11	47
25–34	4880	18	38
35–44	3783	14	29
45–54	2879	11	27
55–64	1977	8	28
65 or older	1663	6	27
Total	26 676	100	39

Source: Chamberlain and Mackenzie, Counting the Homeless 2001: NSW, extracted from Tables 3.5 and 3.6, pp. 27–8.

Comparing data from the first national census of youth homelessness in 1994 and 2001 Census data examined by the same criteria, Chamberlain and Mackenzie estimate that the number of homeless teenagers in Australia increased by 8.4% between 1994 and 2001.²⁷

Where homeless young people are accommodated

In 2002–03, SAAP supported 9990 children who were homeless with their parents. Eighty-eight per cent of these children were aged 12 years or younger.²⁸ In addition, SAAP supported a further 5550 clients under the age of 20. Unaccompanied people aged between 18 and 20 made up 22% of the total adult population of SAAP clients. A further 15% of all SAAP clients were aged between 20 and 24 years.²⁹

Relevant literature and consultations for the current study suggest that many homeless teenagers are accommodated, at least in the early stages of homelessness, with family members and friends.³⁰ For instance, in their study of youth homelessness, Mackenzie and Chamberlain estimated that 80% of homeless school and TAFE students in NSW were staying temporarily with other households or moving around. A further 18% were in SAAP accommodation, such as refuges, hostels, transitional housing or community placements. Two per cent were ‘on the streets’.³¹ Students make up 42% of an estimated 6242 homeless youth (aged 12–18 years) in NSW.³² Chamberlain and Mackenzie observe that:

When homeless teenagers drop out of the education system, many become long-term unemployed. Most of these young people remain homeless for a period, and some make the transition to chronic homelessness.³³

It appears that as young people become more entrenched in homelessness, accommodation status changes. For instance, Project i, a five-year study conducted in Melbourne, reports on the living arrangements of 403 homeless young people aged 12–20 years, only 8% of whom had been out of home for less than one month. Forty-two per cent had been away from home for 4–6 months and 31% for longer than 12 months. The study has found:

• 26% of participants were staying at friend’s houses
• 7% were living on the streets
• 36% were staying at youth refuges
• 32% were living in medium term or transitional housing
• 4% were staying in hotels/motels.³⁴

Perhaps most telling was the fact that 57% had been living at the same place for less than a month.³⁵

In consultations, Shelter NSW described young people seeking backpacker accommodation, in preference to staying in boarding houses.³⁶ However, inner-city homelessness workers said that backpacker accommodation in Inner Sydney tend to refuse entry to people with identification indicating they are Sydney residents.³⁷

Gender

On Census night 2001, women and girls made up nearly 40% of the homeless in NSW.³⁸ However, the proportion of homeless females in each age group decreases until the 35–44 age group, and then plateaus out. Thus, while there were roughly equal numbers of homeless males and females under the age of 25, approximately 70% of those aged 35 and over are male (see Table 3.5).

Other data support this observation. In 2002–03, nearly 70% of female SAAP clients and 56% of male SAAP clients in NSW were aged 34 years or less.³⁹ Similarly, in 2002–03, the Homeless Person’s Information Centre (HPIC) (a statewide information and referral service for homeless people) received more calls from male clients (56%) than female clients (44%). However, approximately half (49%) the calls from clients aged under 18 were from girls, whereas over 70% of the calls from people over the age of 50 were from men.⁴⁰

Where men and women are accommodated

The spread across different forms of accommodation appears to differ slightly for women and men when they are homeless. On Census night 2001 in NSW, 50 % of homeless women and nearly 40% of homeless men were found to be staying temporarily with family and friends (see Table 3.6). Seventeen per cent of homeless women and 13% of men were accommodated in SAAP accommodation. Approximately 10% of homeless men and women were living in improvised dwellings.⁴¹

Table 3.6: Where homeless men and women were

	Males (N=16 272)	Females (N=10 404)
	%	%
Boarding house	36	20
Friends/relatives	39	50
SAAP	13	17
Improvised dwellings	11	10
Total NSW	100	100

Source: Chamberlain & MacKenzie, Counting the Homeless, 2001: NSW, p. 29.

During 2002, an estimated 13 boarding houses in the then South Sydney Council area closed down (particularly smaller places with up to six rooms), with approximately 137 beds lost. This pattern appears set to continue.⁴² Unfortunately, there is no available data on where people who were accommodated in boarding houses have moved to since the 2001 census, but Table 3.6 appears to suggest that these closures would have affected more homeless men than women.

Gay, lesbian, bisexual and transgender people

There are no current reliable data on the numbers of gay, lesbian, bisexual or transgender homeless people in NSW. Census and SAAP data do not separately identify people by these criteria. However, there are some Australian studies that examine the link between homelessness and sexual identity, particularly among young people.

A 1995 report for TwentyTen Youth Service estimated that there were between 5000 and 6250 homeless gay, lesbian and bisexual youth in Australia. However, this estimate was calculated using research undertaken in the United States, which found that one in four gay and lesbian young people stated they were forced to leave home because of their sexuality.⁴³

A more recent study of homeless youth in Melbourne found that few of the 399 respondents self-identified as gay (1%) or lesbian (1%). However, 14% thought of themselves as bisexual or were undecided about their sexuality. Eighty per cent of respondents indicated that they were attracted to the opposite sex only. After comparing these figures to studies of ‘housed’ youth, Rossiter et al. report “these data indicate that young people attracted to the same sex and/or both sexes are over-represented among the homeless population”.⁴⁴

Studies on homelessness among gay, lesbian and bisexual youth suggest that sexuality is one of the issues that prompts gay, lesbian, bisexual and transgender youth to leave home. Other factors include family violence, alcohol and drug use within the family, sexual assault and/or poverty.⁴⁵ Consultations for the current study also indicate that transgender people face particular social and legal issues that draw them into and sustain homelessness.⁴⁶

Families

High unemployment rates over the past few decades, coupled with decreasing affordability of housing, has placed many families at greater risk of homelessness. The increasing family homelessness rate also reflects the incidence of family violence, with many women and children becoming homeless as a result of escaping domestic violence. The impacts of homelessness are significant, with adults and children who are homeless experiencing poorer health, education and connection to other family and community.⁴⁷

Family homelessness has been described as an ‘emerging’ issue in Australia,⁴⁸ with one study noting that “families with children are the fastest growing group among Australia’s homeless”.⁴⁹ Families include couples with children, women with children and, less commonly, men with children.

Excluding marginal residents of caravan parks, families made up 9% of all homeless households⁵⁰ in Australia on Census night 2001, but nearly one-quarter (23%) of the entire homeless population in this country.⁵¹ In NSW, 2357 children under the age of 12 were identified as homeless in the company of at least one adult.⁵²

Where homeless families are accommodated

According to the 2001 Census data, one in five homeless families in Australia were living in improvised dwellings or sleeping rough (including in cars). Just over 40% were in SAAP accommodation and a further 28% were doubling up with other family or friends. Eleven per cent were living in boarding houses.⁵³ Given the similarities in the distribution of the homeless population in Australia and in NSW (see Table 3.1), the distribution of homeless families across accommodation types in NSW may reflect this nationwide pattern.

There are no available data on the numbers of families living as marginal residents of caravan parks in NSW. The Parks and Village Service (PAVS) reports that, anecdotally the number varies considerably from park to park.⁵⁴ A report on child care for families in caravan parks stated that:

… families lived in sub standard conditions in caravans where they eat, sleep and socialise in one room with no privacy for parents and exposing children to unnecessary stress. Poor standards in shared amenities (toilets and showers, laundries), inadequate or non existent physical safety provisions were commonly observed. Caravans do not provide adequate protection from inclement weather, heat, humidity, rain and cold, nor were there community facilities such as community rooms or play areas for families to use.⁵⁵

In NSW in 2002–03, approximately 17% of all SAAP support periods to adults were to adults (usually mothers) with accompanying children.⁵⁶ In some rural areas, approximately one-third of support periods provided by SAAP were to adults with children (predominately women with children).⁵⁷ However, these figures do not represent all families seeking SAAP assistance. AIHW reports that couples with or without children and single adults with children seeking immediate accommodation through SAAP were more likely than single people to be turned away from SAAP services in Australia. The most likely reason for this was reported to be that there was insufficient accommodation at the SAAP agency where the request was made.⁵⁸

Indigenous Australians

The rate of homelessness among Indigenous Australians⁵⁹ in NSW is 110 per 10 000 compared to 40 per 10 000 for the non-Indigenous population. Five per cent of homeless people in NSW on Census night 2001 identified as Indigenous Australians, compared with 2% of the general NSW population. Indigenous people were over-represented in all sectors of the homeless population, but most prominently in SAAP (10% of people in SAAP) and among those living in improvised dwellings (8%).⁶⁰

Chamberlain and Mackenzie warn that these figures may underestimate Indigenous homelessness. This is because the figures are based on the census question about ‘usual address’. However, as Indigenous people more commonly move between homes within their extended family network, ‘home’ and ‘usual address’ have a broader cultural meaning.⁶¹

Where Indigenous homeless people are living

Excluding marginal caravan park residents, 42% of homeless Indigenous people in NSW were living in Greater Sydney (compared to 59% of non-Indigenous homeless people). Nine per cent of Indigenous homeless people are in North Western NSW (compared to 2% of Non-Indigenous homeless people), a further 9% in the Mid-North Coast (6% non-Indigenous), 8% in the Hunter (7% of non-Indigenous) and 7% in Northern NSW (3% non-Indigenous).⁶²

When marginal residents of caravan parks are included, the proportion of Indigenous homeless people living in Sydney (compared to outside Sydney) drops to one-third. Of the 554 Indigenous marginal residents of caravan parks, 41% are living in the Mid-North Coast or Richmond Tweed areas.

In 2002–03, 17% of SAAP clients in NSW identified as Indigenous. It is noteworthy that nearly two-thirds of this client group were women. Yet less than half (approximately 46%) of non-Indigenous SAAP clients are female.⁶³ Australia-wide, Indigenous Australians represented 22% of all SAAP clients with accompanying children, and were more likely than other cultural groups to be accompanied by four or more children.⁶⁴

Refugees and other recent immigrants

Eighty-five per cent of clients in NSW SAAP services in 2002–03 were born in Australia.⁶⁵ As a point of comparison, 71% of the general population in NSW is Australian born.⁶⁶ The smaller proportion of overseas-born clients in SAAP than overseas persons in the general population may indicate that fewer overseas-born people are homeless and/or overseas-born homeless people do not access SAAP services and are accommodated differently while homeless (e.g. with family and friends or on the street).

In consultations for this project, concerns were raised about homelessness among people residing in Australia without permanent residency status or citizenship. This includes people on Temporary Protection Visas and people recently arrived from New Zealand who are unemployed or unable to work.

Foley and Beer’s recent study on housing and homelessness among newly arrived Australian residents reported that young refugees are six times more likely to be homeless than other young people in Australia.⁶⁷ Foley and Beer also found that discrimination by property managers and overcrowding in poor quality private rental accommodation is the common experience of many recently arrived refugees, with anecdotal evidence suggesting that many refugees end up homeless, or at risk of homelessness, after facing housing difficulties.⁶⁸

People with a history of substitute care as children

There appears to be some evidence indicating an increased risk of homelessness in adulthood for people who have experienced substitute care in childhood. For example, the 1989 HREOC Inquiry into Homeless Children (issuing the Burdekin report), on the basis of previous studies together with evidence presented to the inquiry, found:

A period of time spent in a child welfare or juvenile justice institution, or otherwise detached by the welfare system from the natural family, seems to increase significantly a child’s chances of becoming homeless.⁶⁹

More recently, a 2004 Senate committee inquiry about people who experienced institutional or out of home care as children reported that “evidence to this Committee [regarding homelessness among care leavers] … told very similar stories to those reported by Burdekin”.⁷⁰ However, while there is strong anecdotal evidence of the over-representation of care leavers in the homeless population, there is no statistical information available about what happens to people when they leave state care or about the proportion of homeless people who have a history of substitute care as children.⁷¹

People recently released from prison

Some research suggests a strong association between homelessness and re-incarceration. In a recent study Baldry et al. followed the post-release experiences of 194 ex-prisoners in NSW and 145 ex-prisoners in Victoria. The incidence of homelessness among the NSW sample increased from 20% at the pre-incarceration stage to 38% at six months post-release. At nine months post-release it decreased again to 28%, as people moved in and out of homelessness. Interestingly, the homelessness rate of the Victorian participants reduced from 12 to 8% in the same nine-month period. Based on the data collected, Baldry et al. estimated that up to half of the NSW participants experienced episodes of homelessness in that nine-month period.⁷²

It should be noted that Baldry et al. used Chamberlain and Mackenzie’s primary level as their definition of homelessness. The researchers commented that if all three levels had been included in the definition, “most of the sample, especially in NSW, would be homeless”.⁷³ Indeed, the study found high levels of involuntary transience were the common experience of most participants, and that this was the factor most predictive of re-incarceration.⁷⁴ The study also identified Indigenous female ex-prisoners and sole parents as the most disadvantaged of the study’s participants.⁷⁵ The Law and Justice Foundation of NSW will shortly be conducting a separate study into the legal needs of prisoners and people recently released from prisons in NSW.

Complex needs and histories of homeless people

Available data, existing literature and the consultations for this current study suggest a higher than average prevalence of psychiatric disorders, substance use issues and trauma (including being a victim of crime) among people experiencing homelessness, particularly among those entrenched in homelessness.

Mental Illness

A high prevalence of psychiatric disorders among those in the homeless population has been reported in the literature and anecdotally by people working in the field.⁷⁶ However, actual estimates vary considerably with the definitions and methodologies employed to collect the data, and particularly with the population of homeless people from which the study sample was drawn.

A 1998 study by Hodder, Teeson and Buhrich reported that about 75% of homeless people contacted through inner-city hostels in Sydney had at least one significant mental disorder (as defined by formal diagnostic tests). The prevalence was higher for women (81%) than men (73%).⁷⁷ The expected prevalence rate of at least one mental disorder in the Australian population is 18%.⁷⁸ It should be noted that these estimates are drawn from a group of people entrenched in homelessness and cannot necessarily be generalised to other groups of homeless people (e.g. women escaping domestic violence and living with other family members, young people living temporarily with friends, people renting in caravan parks because they are poor).

In the Project i study, of a sample of 403 homeless people aged 12–20 years, 26% reported a level of psychological distress indicative of a psychiatric disorder. Fourteen per cent reported clinical levels of depression, 12% had clinical levels of anxiety, 12% had clinical levels of psychosis, and nearly 35% of the sample had attempted suicide, 11% in the past three months.⁷⁹ Thirty-one per cent of the sample group had been out of home for more than 12 months, and 42% for 4–6 months.⁸⁰

Different mental illnesses tend to be more prevalent among different demographic groups. As Parker et al. observe:

Younger age is more strongly associated with schizophrenia, major depression and alcohol disorders. Males have a higher prevalence of alcohol disorder, but women exhibit almost twice as much
major depression. Single or separated people are more likely to suffer alcohol disorders and separated people have higher rates of depression.⁸¹

This may be reflected in the different types of mental health issues reported in different demographic groups in the homeless population as well. Parker et al. observe that while affective and non-psychotic disorders are seen as less severe than ‘major’ mental illnesses, “their incidence in the homeless population far exceeds that in other groups”.⁸²

Turning to another sector of the homeless population, the Select Committee on Mental Health reported that an estimated 40% of people in licensed boarding houses have a mental illness.⁸³ In a submission to the committee, the NSW Office of the Public Guardian observed that boarding houses were often the only option for people with a mental illness who could not be placed within the very limited number of community-based options for people with special needs.⁸⁴

Finally, HPIC⁸⁵ statistics indicated that the most commonly self-reported client characteristic recorded for 2002–03 was ‘mental/psychiatric illness’. This characteristic was recorded for 30% of all the 43 962 calls (rather than individual callers).⁸⁶

Alcohol and other drug use

Alcohol and other drug dependency are also reported as highly prevalent disorders among some groups of homeless people.⁸⁷ In their study of 201 homeless people in inner-city Sydney, Hodder et al. found:

• 49% of men in the sample had an alcohol use disorder, with 42% alcohol-dependent. Fifteen per cent of women had an alcohol use disorder and 13% were alcohol-dependent. This compares to general population rates of 9% of men and 4% of women with alcohol use disorders⁸⁸
• 34% were dependent on drugs, with 19% of men and 23% of women using or dependent on opiates including heroin. An estimated 2% of the general population used heroin⁸⁹
• more than 70% of the sample aged 18–44 years had some type of substance use disorder.⁹⁰

The Project i study reported “high levels of substance use among the homeless young people interviewed”, noting the level of injecting drug use as ‘alarming’. Twenty-eight per cent of participants self-reported injecting drugs in the past three months (including heroin, amphetamines, crack/cocaine and sedatives). In contrast, 0.6% of young people (14–19 years of age) in the general population were reported to inject an illicit drug in the previous 12 months.⁹¹

Another issue reported in the literature and in the consultations with stakeholders in the current study, was the extent of ‘dual diagnosis’ where people have both substance abuse and other mental health issues. Again, these issues were most commonly reported among people entrenched in homelessness.⁹²

However, the relationship between alcohol and other drug dependency and/or mental health on the one hand and homelessness on the other does not appear to be straightforward or ‘causal’. For instance, MacKenzie and Chamberlain point out that some young people in particular may leave home to escape the mental health and substance abuse issues of family members and that some people may develop substance use or mental illness issues after becoming homeless.⁹³ Indeed, housing crisis, family breakdown and the experience of being homeless may, of themselves, trigger or exacerbate mental health or substance use issues. Parker et al. observe:

Once there, the stress of being homeless—exposure to violence, sexual abuse, concomitant substance abuse, and a range of physical health problems—promotes high rates of emotional distress. Depression and distress, two to eight times more likely to occur in homeless people, dramatically exacerbate the symptoms of original mental illness and hamper an individual’s ability to exit from homelessness.⁹⁴

Thus, rather than necessarily causing homelessness, it has been argued that drug and alcohol dependency and mental illness can put people at greater risk of ‘chronic homelessness’.⁹⁵ It is also reasonable to expect that the prevalence of mental health and alcohol and other drug issues will vary within the homeless population (e.g. among SAAP residents compared to those living with family and friends).

Histories of trauma

Hodder et al. found that 93% of their sample of 210 homeless people in inner-city Sydney reported at least one experience of major trauma in their lives. Trauma could include sexual or physical assault, witnessing someone being badly injured or killed, life-threatening accidents or disasters, war, torture or terrorism. Trauma was reported by 100% of women and 91% of men, with multiple experiences of extreme trauma reported as ‘common’.⁹⁶ The traumatic events may have pre-dated their homelessness (e.g. through family violence).

The vulnerability of homeless young people to being a victim of sexual assault is discussed in Rossiter et al,⁹⁷ and the vulnerability of homeless people to being a victim of any crime is discussed in Chapter 4 of this report.

'Causes' of homelessness

A number of reports discuss ‘causes’ of homelessness.⁹⁸ Causes identified include:

• structural causes, including poverty, inadequate affordable housing and unemployment
• government fiscal and social policy causes, including economic and industrial reform, privatisation, availability of public housing and welfare expenditure
• cultural causes, such as dispossession of land and provision of culturally inappropriate accommodation to Indigenous populations
• individual causes, including mental illness, substance and alcohol addiction, gambling, domestic violence and family fragmentation.

While opinion differs as to the relative impact of each of these factors, none can be considered in isolation from the other. The literature and consultations suggest that the experience of homelessness, while differing from person to person, usually involves multiple causes, which cannot be easily separated. While the relative impact of any of these factors will vary from case to case, the chronic shortage of affordable long-term accommodation and the shortage of crisis accommodation for people who are homeless were consistently raised in the literature and our consultations as contributing to and sustaining homelessness.⁹⁹

Lack of affordable housing in NSW

When a relationship lasts even longer than a public housing waiting list, you know you’re onto a good thing.¹⁰⁰

Public housing is a key source of longer term accommodation for people who are homeless or inadequately housed. However, as the following figures indicate, the demand for public housing in NSW far outstrips its supply. The 2002–03 DOH annual report indicated:

• DOH directly managed 129 000 properties, including 12 600 through community housing and 4000 properties on behalf of the Aboriginal Housing Office.
• There were 80 188 households on the waiting list as of 30 June 2003.
• DOH allocated housing to 10 462 new tenants in 2002–03.¹⁰¹

These figures suggest that approximately one tenant for every eight households on the waiting list were housed by DOH in the 2002–03 year. ‘Homelessness’ is one factor that enables a person or family to be placed on the priority housing list. Thirty-seven per cent of the tenants allocated housing in 2002–03 were priority housing applicants.¹⁰²

Lack of employment/low income

The interdependent relationship between employment and housing is an important consideration in attempts to alleviate or prevent homelessness. Many people become homeless as a result of unemployment, and attaining employment can offer a direct pathway out of homelessness.¹⁰³

Mackenzie and Chamberlain suggest that the “increase in the number of households below the poverty line is the structural factor underpinning the increase in homelessness over the past two decades”. They state that “some poor households can survive financial crises, because they have relatives or friends who assist them, but a minority tip over into the homeless population”.¹⁰⁴ These authors also observe that the contraction of the youth labour market and the increasing dependence of youth on families for financial support has been a significant factor in the emergence of youth homelessness. They note:

It also means that young people who leave home because of family conflict are unlikely to get full-time employment if they drop out of school. In the 1960s, most of them avoided homelessness because they got jobs. Now they cannot.¹⁰⁵

The vast majority of homeless people are not in the workforce or are on a very low income. Australia wide, Chamberlain and Mackenzie found that 60% of those aged 16 or older living as marginal residents of caravan parks or in boarding houses were not in the labour force (e.g. on a pension, home duties). A further 25% of marginal residents of caravan parks and 14% of boarding house residents were unemployed (seeking employment). Forty-three per cent of homeless people (aged 16 or older) living with family and friends were also not in the labour market, with a further 16% unemployed.¹⁰⁶

In terms of income, Chamberlain and Mackenzie showed that 50% of homeless households living with family and friends in Australia and 74% of households living as marginal residents of caravan parks had a household income of less than $400 per week. More than 70% per cent of those living in boarding houses had a personal income of less than $300 a week.¹⁰⁷

The relationship between homelessness and unemployment and low income is also reflected by other data. For example, the three most common primary sources of income recorded by HPIC in 2002–03 were the Newstart Allowance (30% of all calls), the disability support pension (27% of all calls) and the sole parent’s pension (11%).¹⁰⁸

Further, administrative data provided by three legal service providers to homeless people in NSW indicated that on average, at least three-quarters of their homeless clients received government benefits, with a significant proportion receiving the disability pension.¹⁰⁹ Between 4–11% of the clients of these services had no income. Homeless people without any income include refugees on Temporary Protection Visas, people without visas, recent arrivals from New Zealand, and people who could not comply with Centrelink requirements.¹¹⁰

Pathways to homelessness

While various causes of homelessness have been identified, the following observation remains pertinent:

Given the diversity of the contemporary population of homeless people, and the complex and multiple needs of homeless people, it is unlikely that explaining homelessness can be reduced to a single factor causal theory.¹¹¹

Rather than looking for ‘causes’ of homeless, MacKenzie and Chamberlain explored common pathways into homelessness. They identified three homeless ‘careers’: a ‘youth career’ and two adult careers: one precipitated by a housing crisis, the other by family breakdown. The authors also note that some adults enter homelessness as a young person and remain in this situation up into adulthood. The types of legal issues facing people as they move though each of these ‘career’ trajectories have implications for the type and timing of intervention and support that may be needed. Below is a discussion of these trajectories.

‘Youth career’ pathway

The ‘youth career’ pathway focuses on young people leaving home before they have the capacity to live independently. The move out of home tends to be precipitated by family conflict. This may involve conflict between the young person and the parent(s) about behavioural boundaries or particular issues (e.g. the young person’s sexuality) or arise from family violence, abuse or neglect. Hoogland observed:

Most children leave because they have no real choice—because of serious abuse, sustained family conflict or complete family breakdown, poverty, social isolation, and a sense of hopelessness that places near-intolerable stresses on families.¹¹²

In the current study one participant commented:

I was made homeless when I first left home. I told my parents that I wanted to go to university. I come from a cattle property. ‘You don’t want to be a grazier, fuck off.’ So I left. I had a car and a pillow. I knew what I was going through. I knew I had this attraction to men and thought that I must be gay. That caused problems for my family. I was thrown out of home when I returned because I was gay. I ended up living with a youth counsellor—he took on kids in a small mining town in Queensland, and I ended up living in a youth refuge.¹¹³

MacKenzie and Chamberlain note that there is often a period when the young person is in and out of home and still at school. The young person may initially stay with other family or friends, with some moving onto crisis or SAAP accommodation.

The reasons given by young people for seeking SAAP assistance are consistent with this pathway. During 2002–03, ‘relationship/family breakdown’ was cited as the main reason for seeking SAAP support in nearly 17% of support periods given to young men and 21% of those to young women aged under 25. Other main reasons for seeking support given by men and women under age 25 were:

• eviction (15% males, 11% females)
• financial difficulty (13% males, 10% females)
• their usual accommodation was unavailable (13% males and 9% females)
• domestic violence (10% females, 1% males)
• ‘time out from family or other situations’ (8% of support periods to males and 10% to females).¹¹⁴

Physical, emotional or sexual abuse was cited as a reason for seeking support in 5% of support periods to young women. This may be underreported in SAAP figures as some young women do not want to disclose the abuse.¹¹⁵

Adult pathways: housing crisis career

The housing crisis pathway acknowledges the fundamental role of poverty and escalating debt in causing homelessness.¹¹⁶ In the households from which these homeless people come, the main income earner tends to be either outside the labour market or long-term unemployed.¹¹⁷ The shift to homelessness may be very sudden, facilitated, for instance, by illness or injury, family breakdown, unmanaged debt, loss of employment and no resources to accommodate this situation. As Mackenzie and Chamberlain note, “once adults lose their accommodation there is a sharp break and their problems usually get worse. Many move into the homeless population for a sustained period of time and some adapt to homelessness as a ‘way of life’”.¹¹⁸

MacKenzie and Chamberlain suggest that this pathway probably accounts for the largest proportion of the homeless population. This contention is supported by SAAP data.

The following reasons were prominent among the most commonly cited ‘main reasons’ clients sought support from NSW SAAP services in 2002–03:

• usual accommodation unavailable (10% of all support periods)
• financial difficulty (11% )
• eviction/ending of previous accommodation (10%)
• recent arrival to area with no means of support (6%).¹¹⁹

Adult pathways: family breakdown

When people leave home due to family breakdown, Mackenzie and Chamberlain report that there is commonly a period when people move in and out of their family home a number of times, particularly when domestic violence is involved.¹²⁰ Support agencies are often not notified of the problems until the situation is very serious.¹²¹ By this stage, crisis responses to find accommodation become the priority.

Again this pathway is reflected in the ‘main reasons’ provided by clients for seeking SAAP accommodation. In 2002–03, domestic violence was the most frequently cited ‘main reason’ for seeking SAAP support in NSW (18% of all support periods), with ‘relationship/ family breakdown’ accounting for a further 11% of support periods and ‘time out from family/other situation’ cited as the main reason in a further 5% of support periods. However, domestic violence was the main reason for seeking assistance in 39% of support periods to women alone aged over 25 and in 51% of support periods to women with children.¹²² While these figures are high, they may still underestimate the extent of domestic violence among women leaving home.

Often women are …reluctant to label experiences of abuse in relationships as domestic violence, citing relationship difficulties or substance abuse as the presenting reason.¹²³

The Commonwealth Family Homelessness Prevention Pilot (FHPP), a federal project involving partnership between Centrelink and other community service providers to prevent homelessness among families, also revealed a high incidence of family violence and family conflict among the 242 families assisted.¹²⁴

Transition from youth to adult homelessness

A third point of entry to adult homelessness is the transition from youth homelessness. While there is some evidence that early intervention to get young people to return home or to find appropriate alternative accommodation may be working,¹²⁵ some young homeless people remain homeless into their adult lives. Mackenzie and Chamberlain found that by the time these young people make the transition to adult homelessness, many have issues with drugs, alcohol or mental health, have had contact with Juvenile Justice, are unemployed, and are extremely poor and marginalised. Thus, at this point, they require intensive support. However, intervention at this late stage is less likely to be successful.¹²⁶

Finally, it should be noted that there is considerable overlap between each of the different ‘pathways’. For instance, for many people the experience of family breakdown will be tied up with financial hardship and the loss of accommodation. Generally, however, the consultations with service providers and homeless people in the current study, as well as the published data and academic literature, support the type of framework identified by MacKenzie and Chamberlain.

Summary

The old, derelict wino on the park bench has been joined by younger men, unemployed and hopeless; by the confused and mentally ill, frightened by the pace of activity surrounding them; by women and children, desperate to escape violent and destructive domestic situations; by young people, cast off by families who can’t cope or don’t care.¹²⁷

On Census night 2001, there were an estimated 33 557 people living in homeless conditions in NSW. These people included men, women, young people and children living temporarily with family and friends, in boarding houses, in caravan parks, in SAAP accommodation and on the street. Approximately half of these people were living in the Greater Sydney area. Only 14% of the homeless in NSW were living in the city core of Sydney. A further 13% were living in the Inner City Ring (see Table 3.4).

Excluding marginal caravan park residents, 43% of the homeless in NSW are under the age of 25 years. This includes young people who are homeless as part of a family group and young people who are homeless alone. Among the younger groups of homeless people, there are equal proportions of young men and women. However, the proportion of homeless men in each age category increases with age. Also represented in the homeless population are Indigenous Australians, families, people who have left prison or state care, gay, lesbian, bisexual and transgender people, refugees and a relatively high proportion of people living with mental illnesses, alcohol and other drug abuse issues and histories of trauma and abuse. Overwhelmingly, homeless people are very poor, usually unemployed and may struggle to maintain an income. It is difficult to separate legal issues from these other complex needs and issues.

While acknowledging the considerable structural factors that impact on homelessness, including diminishing available accommodation and employment, we have not sought to identify a ‘cause’ of homelessness. Rather, following the lead of Chamberlain and Mackenzie, we have acknowledged common ‘pathways’ into homeless. These recognise the impact of family breakdown and domestic violence, along with poverty-related ‘housing crisis, as a pathway to homelessness.’ The loss of connection with family in particular is a key factor in youth homelessness. It is in the context of these pathways that we can begin to discuss the legal needs of homeless people in NSW.

---