1. Overview

To qualify for public housing, you must meet certain requirements. One of these requirements is that you must meet the residency requirements, which are:

• that you have a right to live in Australia that is not limited by time;
• that you have been living in the ACT for six months at the time that you submit your application.

This factsheet provides information about the special processes and policies that apply to residency requirements for people experiencing domestic violence.

2. The requirement that you have a right to live in Australia not limited by time

Normally, a person is only eligible for public housing if they:

• are an Australian citizen; OR
• have a visa that allows them to stay in Australia permanently.

However, domestic violence can affect people who hold visas that don’t allow them to stay in Australia permanently. If you are a sponsored migrant or a refugee, the Housing ACT Domestic Violence and Policy Manual says that you may be considered eligible for public housing if:

• You are a refugee and you are awaiting permanent residency; or
• You are a sponsored migrant, but your Assurance of Support arrangement has broken down.

An Assurance of Support arrangement is required for some types of visa. It is a promise by your sponsor to the Australian government that they will repay any Centrelink money that is paid to you. An Assurance of Support arrangement can sometimes break down. If you are not sure whether your Assurance of Support arrangement has broken down, you should get legal advice.

3. The requirement that you have resided in the ACT for six months

Normally, to be eligible for public housing, you need to have resided in the ACT for at least six months at the time that you submit your application. If you are experiencing domestic violence, the Housing ACT Domestic and Family Violence Policy Manual says that this rule won’t apply to you if:

• You can show a compelling reason to need to move to the ACT (e.g. you have supports in the ACT, or for safety reasons).
• You were previously a long-term resident of the ACT.

1. Overview

To qualify for public housing, you must meet certain requirements. One of these requirements is that you cannot have an interest in residential real estate property in Australia. However, if you are experiencing domestic violence, this requirement applies differently to you. There are also requirements about your level of income.

This factsheet provides information about the special processes and policies that apply to asset and income requirements for people experiencing domestic violence.

2. Asset requirements

Normally, a person is not eligible for public housing if they have an interest in residential property. This can be a problem for someone experiencing domestic violence when they own or jointly own property with a perpetrator of abuse. In situations like this, the property may be subject to Family Court proceedings, or they may not be able to use the property because of safety concerns.

Housing ACT’s Domestic and Family Violence Policy Manual changes the normal rules for people experiencing domestic violence. If you are

• experiencing domestic violence; AND
• you have an interest in a residential real estate property; AND
• The property is tied up in a settlement dispute or you can’t access the property because of the domestic violence,

then Housing ACT may waive the rule that you must have no interests in residential property.

If you are trying to show that you cannot use the property because it is tied up in a settlement dispute or it is unsafe, then you will usually need some documentation. Types of evidence could include:

• A letter from a solicitor
• Interim orders from the Family Court or Federal Circuit Court
• A letter from a support worker
• A letter from a domestic violence support service.

In addition, your personal assets (not counting furniture, clothing and one vehicle) must not be worth more than $40,000.

3. Income requirements

Currently, to be eligible for public housing, your income cannot be more than the following limits:

Single Applicant	$768 gross per week
Family of two persons and joint tenancies	$960 gross per week
Family of three or more persons	$960 plus $128 each for the third, fourth, fifth person etc.

The Housing ACT Domestic Violence and Policy Manual does NOT change the income requirements for people experiencing domestic violence. However, in cases of severe hardship, Housing ACT may decide to make an exception so that the income requirements do not apply. If you are experiencing domestic violence and you are not sure how the income requirements apply to you, you should get legal advice.

1. Overview

Housing ACT have policies that apply to people experiencing domestic and family violence. These policies are contained in the Domestic and Family Violence Policy Manual. This factsheet explains the policies in the Domestic Violence Policy Manual.

2. Providing evidence of domestic violence

Housing ACT define domestic violence as:

• Physical abuse
• Sexual abuse
• Psychological or emotional abuse
• Financial abuse
• Social control or isolation
• Stalking
• Intimidation or harassment.

ONE of the following documents:

• A current DVO from any Australian State or Territory
• A letter from
  • The police
  • Office for Children, Youth and Family Support
  • DVCS
  • Canberra Rape Crisis Centre
  • YWCA
  • A recognised domestic violence/homelessness shelter.

OR

TWO letters from a:

• Solicitor
• Community or government support worker
• Social worker
• Doctor
• Psychologist
• GP
• Drug and alcohol service.

3. Applying for public housing

To qualify for public housing, you generally need to meet the income and residency requirements. Some of the eligibility requirements apply differently if you are experiencing domestic violence:

Requirement: you must be living in the ACT for at least the previous 6 months

• If you can show that you have a reason to come into the ACT, then this requirement may be set aside.

Requirement: you must be an Australian citizen, permanent resident, Special Category visa holder, or Temporary Protection Visa holder

• you are a sponsored migrant, but your sponsorship has broken down because of domestic violence, AND you have been granted a Centrelink payment, then this requirement may be set aside.

Requirement: You must have no interest in residential real estate property

• If the property is tied up in a settlement dispute or you can’t access the property because of the domestic violence, then this requirement may be set aside.

4. Getting a transfer because of domestic violence

If you are experiencing domestic violence and your safety is at risk, Housing ACT may put you on the Priority Transfer list (the list for the most urgent cases). Housing ACT will consider your needs when deciding which area to transfer you to.

If you are experiencing domestic violence and your safety is at risk, Housing ACT may put you on the Priority Transfer list (the list for the most urgent cases). Housing ACT will consider your needs when deciding which area to transfer you to.

5. Staying in your property while experiencing domestic violence

If you choose to stay in your property and the perpetrator of the domestic violence has left the property because

• There is an order from the Magistrates Court; or
• They have made an undertaking to the Magistrates Court.

Housing ACT will work with you to make an application to the ACT Civil and Administrative Tribunal to have the tenancy transferred into your name.

If the perpetrator of domestic violence has agreed to leave but the Magistrates Court is not involved, then you can apply to Housing ACT to have the tenancy transferred into your name.

6. How Housing ACT deal with debt you incurred because of domestic violence

If you have a debt, the Housing ACT Domestic and Family Violence Policy Manual outlines two procedures that you can use to have the debt removed.

Getting Debt Waived

The debt may be waived by applying to the ACT Treasury Department if:

• where domestic violence was part of the reason why you incurred the debt; AND
• where repayment of that debt will cause undue hardship.

In practice, this process is extremely slow and may not be successful.

Getting Tenant Responsible Maintenance (Repairs) Debt Removed

Where you have a debt because of damage to the property caused by domestic violence, Housing ACT will remove the debt from your account. You will need to show that the damage was caused by domestic violence.

1. Overview

Sometimes, it is possible to obtain a Family Violence Order from the Magistrates Court excluding a perpetrator from entering your property. If the excluded person is the tenant or a co-tenant, you can take steps to remove them from the lease and transfer the lease into your name alone. You can also apply to remove the perpetrator from the lease if the perpetrator has given an undertaking to the Magistrates Court to leave the property. This factsheet provides information about the process for removing an excluded person from your lease.

2. I have a Family Violence Order that excludes the perpetrator from the property, or the perpetrator has given an undertaking to the Magistrates Court to leave the property. What can I do to remove them from the lease?

Under ACT law, if the excluded person is the tenant or a co-tenant of the property, the ACT Civil and Administrative Tribunal (the Tribunal) has the power to terminate the lease and order a new lease with you alone. The Tribunal is similar to a court but has fewer formal procedures and fewer strict requirements. In the ACT, the Tribunal hears matters concerning tenancies.

If you are a protected person under the Family Violence Order, you can apply to the Tribunal to have the existing lease terminated and a new lease made with you alone. Housing ACT’s Domestic and Family Violence Policy Manual states that Housing ACT will generally support you to remain in your property after or while experiencing domestic violence if that is what you want to do and you are eligible for public housing.

If you apply to the Tribunal, the hearing will involve:

• You (whether or not you are on the existing lease)
• The landlord (Housing ACT)
• The excluded person
• Any other existing tenant.

3. How do I apply to the Tribunal to get the lease changed?

1. Obtain an “Application for Resolution of Tenancy Dispute Under the Residential Tenancies Act 1997 Division 6.5A Protection Orders” Form

To obtain this form, you can:

• Call the Tribunal Registry on (02) 6207 1740 and ask the registry staff to mail or fax you one;
• Pick one up from the Tribunal Registry (ACT Health Building Level 4, 1 Moore StreetCanberra City);
• Download one from the Tribunal’s website at www.acat.act.gov.au.

2. Complete and return the application form

To complete the form, you will need to answer the questions and attach the required documents, which include:

• A copy of the Family Violence Orders from the Magistrates Court;
• A copy of the lease if you are a party to the lease;
• Copies of any other documents you want to use at the Tribunal hearing;
• Payment of fees. Note that if you are on a Centrelink payment or payment will cause you financial hardship, you can apply for an exemption.

Your completed application form needs to be lodged with the Tribunal registry. If the matter needs to be heard urgently, the form has a box that you can tick to indicate this.

3. Wait for the Tribunal to set a date for the hearing

You and the other parties will be informed by mail of the hearing date and time; this is known as a Notice of Hearing. How long you will have to wait will depend on whether you indicated that the matter was urgent, when you said you would be available in the application form, and how busy the Tribunal is.

4. Attend the hearing

It is very important that you attend ACAT on the day requested.

Attending a hearing

If possible, it is helpful to arrive about 30 minutes before your hearing is due to start. It might be helpful to write down the points that you want to make before you go into the hearing, and take a copy of your application with you, so that you have something to refer to if you forget what to say in the heat of the moment.

Do you need representation at the Tribunal?

No, but if you wish to, you can be represented by a lawyer or another trusted person.

The Tribunal is designed to be easy for people to represent themselves, and the Tribunal Member will usually help both parties through the hearing. If you don’t understand something, you can ask the Tribunal Member to explain it to you.

5. Orders from the Tribunal

At the end of the hearing the Tribunal Member may make an order (or orders). If the order is not in your favour, ask the Tribunal Member to provide written reasons for the decision (this will be useful if you decide to appeal). To be safe, you should make this request in writing and give it to the front desk.

It is good idea to get legal advice if you are thinking of appealing a decision. You have 28 days from the date of the decision to lodge an appeal.

Shortly after the hearing you will get a copy of the order(s) in the mail.

6. What happens next?

Once an order has been made, that order is enforceable at law. If either party breaches the order, they risk substantial penalties.

If the Tribunal makes an order terminating your existing lease and ordering Housing ACT to enter into a new lease with you, Housing ACT will work with you to sign the new agreement.

If either party disagrees with the Tribunal’s decision, they have the right to appeal within 28 days of the date of the decision. It is always a good idea to get legal advice before undertaking litigation, but it is especially so if you are thinking about appealing a Tribunal decision because this is a more complex process.

1. Overview

If you are a Housing ACT tenant and you need to move properties because you have experienced or are experiencing domestic violence, you can apply for a transfer. This factsheet provides information on the process of applying for a transfer.

2. How do I get a transfer?

The application process for a transfer is the same as the process for applying for housing as a new applicant. The same form is used for both new applications and applications to transfer properties. You can collect an Application Kit from Housing ACT or you can arrange for it to be sent to you by calling 133 427.

You will need to complete the application form and provide the required supporting documentation, which includes:

• Proof of identity
• Proof of income (copies of bank statements)
• Proof of residency
• Support letters and evidence about your circumstances (for example, medical evidence of a health condition, support letters from a domestic violence service, police reports, court orders, or letters from a support worker).

It is important that you provide reasons about why you need a transfer, and especially why your current property is unsuitable. The reasons, support letters and evidence you provide will determine how urgent Housing ACT thinks your need for a transfer is, and which waiting list they put you on.

Housing ACT will consider putting you on the priority list if you are experiencing domestic violence, especially if you have evidence that raises concerns about your safety.

3. What if I need crisis accommodation while I am waiting for a transfer?

If you need crisis accommodation while Housing ACT process your transfer application, Housing ACT can work with you and community service providers to organise accommodation. This can be done in a meeting with Housing ACT, you and appropriate community organisations such as the Domestic Violence Crisis Service (DVCS).

You can also contact domestic violence crisis providers on your own, or with the assistance of your support worker.

4. What if I have a debt with Housing ACT?

If you are experiencing domestic violence, having a debt with Housing ACT will NOT prevent you from getting transferred. However, to be put on the Priority Housing list, you may need to work with a tenancy support service to start repaying the debt or challenge the debt if you do not think it is owed. It is often a good idea to start repaying the debt even if you are seeking a review of it to ensure that the debt does not become a barrier to being housed. If you are in this situation, we recommend that you obtain some legal advice.

5. What evidence do I need to show that I am experiencing domestic violence?

Under Housing ACT’s Domestic and Family Violence Policy, you need to provide:

ONE of the following documents:

• A current DVO from any Australian State or Territory
• A letter from
  • The police
  • Office for Children, Youth and Family Support
  • DVCS
  • Canberra Rape Crisis Centre
  • YWCA
  • A recognised domestic violence/homelessness shelter.

OR

TWO letters from a:

• Solicitor
• Community or government support worker
• Social worker
• Doctor
• Psychologist
• GP
• Drug and alcohol service.

6. What happens to my transfer application?

If your application is approved you will receive a letter from Housing ACT stating the area, number of bedrooms and needs category (or waiting list) of your application.

Transfer applications use the same three needs categories as new applications:

• Priority Housing: People with exceptional, urgent and critical needs.
• High Needs Housing: People with significant needs.
• Standard Housing: People with significant affordability issues in paying private rent.

A Housing ACT officer will go through your application to decide whether you should go on the High Needs or Standard List. You will be advised of the decision in writing.

If you have been put on the High Needs list, you should check with your assessing officer whether you are being considered for the Priority Housing list, and whether they want you to provide any additional information.

Once the Housing ACT Officer decides that you should be considered for the Priority List, they will send your application to a panel called the Multi-Disciplinary Panel (MDP), along with a recommendation about what they think should happen to your application. The MDP will decide whether to put you on the Priority List.

How long you will have to wait before Housing ACT offers you a property will depend on what your requirements are (such as which areas you have nominated and how many bedrooms you need). The Priority Housing list generally has the shortest waiting time, but it can still take a long time to be transferred.

1. Overview

In general, as a tenant you are responsible for damage that you or someone in your household causes to your property and you will have to pay for the repairs. When this debt is added to your account, it is called “tenant responsible maintenance” (“TRM”).

Domestic violence can involve physical and non-physical abuse. Some acts of violence can result in damage to your Housing ACT property. If the damage was caused by domestic violence, Housing ACT can remove the TRM from your account. This factsheet explains the rules about TRM when it is caused by domestic violence.

2. What to do if you have a debt with Housing ACT

If Housing ACT tell you that you have a debt, a good first step is to find out what the debt is for. Debts with Housing ACT are usually either for unpaid rent, or for TRM.

Generally, if you failed to pay rent in a previous tenancy, the debt is owed and there may be little point in contesting it. If you are in any doubt about this, you should seek legal advice.

If your debt is from TRM, you should get an itemised account of the charges, so you can see exactly what you have been charged and why. If you believe any or all the charges were caused by domestic violence, you can seek review of the charges.

3. How do I prove that the damage was caused by domestic violence?

Once you have a list of all of the charges from Housing ACT, you will need to get evidence that the damage was caused by domestic violence.

To prove that you have experienced domestic violence, you need to provide:

ONE of the following documents:

• A current DVO from any Australian State or Territory
• A letter from
  • The police
  • Office for Children, Youth and Family Support
  • DVCS
  • Canberra Rape Crisis Centre
  • YWCA
  • A recognised domestic violence/homelessness shelter.

OR

TWO letters from a:

• Solicitor
• Community or government support worker
• Social worker
• Doctor
• Psychologist
• GP
• Drug and alcohol service.

However, to prove that the specific damage was caused by domestic violence, you will generally need evidence of reports you made at the time, or a statutory declaration about the events at the time. Some types of evidence that are useful for proving that TRM was caused by domestic violence are:

• Police reports or evidence of contacting the police at the time
• Evidence of reports to DVCS, Canberra Rape Crisis Centre, or a domestic violence crisis service
• Evidence of reports to a support worker, social worker, doctor, counsellor or psychologist
• A statutory declaration made by you and/or someone who was aware of what happened

Once you have collected your evidence, you can ask Housing ACT to review the TRM and remove it under their Domestic and Family Violence Policy.

4. Where to get help with the process

If you would like advice or assistance with reviewing a TRM debt caused by domestic violence, contact Canberra Community Law on 6218 7900.

1. Overview

When domestic violence is happening, your children may not be in your care. This may be because CYPS is involved or because parenting orders are being made in the Family Court. This can be a very difficult part of leaving a violent relationship.

If your children are not in your care, you may still want to make sure that your Housing ACT property will have bedrooms for them. This factsheet explains the policies that Housing ACT use to decide how many bedrooms you are entitled to.

2. Housing ACT’s Bedroom Policy

Housing ACT has these rules about children’s bedrooms:

• Generally, no more than 2 children have to share a room.
• Children of different genders, or with an age gap of more than 7 years will generally not have to share a room.
• Housing ACT will consider separate bedrooms for three or more teenage children.

3. What if I have shared parenting arrangements?

Housing ACT will grant a bedroom for a child if you have care of that child for at least 50% of the year. You will need to provide documents to prove your parenting arrangements.

Housing ACT may grant an additional bedroom to you if you have care of a child for at least 27% of the year (which equates to 2 overnight stays every second weekend, plus half of the school and public holidays). You will need to provide documents to prove your parenting arrangements.

4. What documents do I need to provide to prove my parenting arrangements?

You can prove your parenting arrangements with one of these documents:

• A Parenting Order from the Family Court.
• A Parenting Plan from the Family Court.
• Confirmation of parenting arrangements from a Family Relationship Centre.
• Letter from a solicitor dealing with the parenting arrangements.
• Letters from Centrelink that document the percentage of care.
• Documents from a support service/government agency which is directly involved in the child contact arrangements.
• Care and Protection Order with a plan for restoration of the child contained in the case plan.

5. What if I am waiting for parenting orders to be made?

Sometimes, parents find that the Family Court will not make final parenting orders until the parent can show that they have suitable accommodation for the children (including a bedroom to sleep in). Unfortunately, Housing ACT will generally not grant bedrooms for children who are not in your care if you cannot provide a document with proof of your parenting arrangements. This can mean that Parenting Orders and Plans are delayed, and as a result, Housing ACT may not consider a request for bedrooms to be allocated for the children.

If this is your situation, you should consider talking to a solicitor about whether there are any steps that can be taken to address the problem.

Overview

Leaving a relationship because of domestic violence may mean that you need to apply for public housing. Public Housing is government-owned housing rented to eligible low income earners. Housing ACT is responsible for managing public housing in the ACT. If you would like Housing ACT to offer you a place to live, then you need to lodge an application.

2. How do I apply for public housing?

If you would like Housing ACT to offer you a place to live, then you need to lodge an application. You can collect an Application Kit from Housing ACT or you can arrange for it to be sent to you by calling 133 427.

The Application Kit contains several fact sheets and an application form. This form is used for all applications for housing assistance including Public Housing, Community Housing, Affordable Housing and shared accommodation.

As well as completing the form, you will need to provide the supporting documentation, including:

• Proof of identity
• Proof of income (copies of bank statements)
• Proof of residency
• Support letters and evidence about your circumstances (for example, medical evidence of a health condition, support letters from a domestic violence service, or letters from a support worker).

3. Eligibility for ACT Public Housing

Under the law that governs Housing ACT, to be eligible for public housing, you must:

The police can tell a person to leave a public place if they believe that the person has recently behaved, is behaving, or is likely:

• Be at least 16 years of age;
• Be living in the ACT for at least the previous 6 months;
• Meet an income and assets test;
• Be an Australian citizen or Australian permanent resident, or hold a special category visa (issued to eligible New Zealanders upon entry into Australia), or hold a Temporary Protection Visa; and
• Have no interest in residential real estate property anywhere in Australia (subject to certain exceptions).

4. Eligibility requirements in cases of domestic violence

Housing ACT have a Domestic and Family Violence Policy Manual that changes some processes in cases where there is domestic violence. Some of the eligibility requirements apply differently if you are experiencing domestic violence.

Be Living in the ACT for at least the previous 6 months

If you are

• experiencing domestic violence; AND
• you can show that you have a reason to come into the ACT,

then the requirement that you have lived in the ACT for 6 months can be set aside.

Be an Australian citizen, permanent resident, Special Category visa holder, or Temporary Protection Visa holder

If you

• are experiencing domestic violence; AND
• are a sponsored migrant, but your sponsorship has broken down because of domestic violence; AND
• have been granted a Centrelink payment,

then your application can still be considered by Housing ACT.

Have no interest in residential real estate property

If you

• are experiencing domestic violence; AND
• have an interest in a residential real estate property; AND
• The property is tied up in a settlement dispute or you can’t access the property because of the domestic violence,

then Housing ACT may waive the rule that you must have no interests in residential real estate.

5. What evidence do I need to show that I am experiencing domestic violence?

Under Housing ACT’s Domestic and Family Violence Policy, you need to provide:

ONE of the following documents:

• A current DVO from any Australian State or Territory
• A letter from
  • The police
  • Office for Children, Youth and Family Support
  • DVCS
  • Canberra Rape Crisis Centre
  • YWCA
  • A recognised domestic violence/homelessness shelter.

OR

TWO letters from a:

• Solicitor
• Community or government support worker
• Social worker
• Doctor
• Psychologist
• GP
• Drug and alcohol service.

6. What happens to my application?

If your application is approved you will receive a letter from Housing ACT stating the area, number of bedrooms and needs category (or waiting list) of your application.

There are three needs categories:

• Priority Housing: People with exceptional, urgent and critical needs.
• High Needs Housing: People with significant needs.
• Standard Housing: People with significant affordability issues in paying private rent.

A Housing ACT officer will go through your application to decide whether you should go on the High Needs or Standard List. You will be advised of the decision in writing.

If you have been put on the High Needs list, you should check with your assessing officer whether you are being considered for the Priority Housing list, and whether they want you to provide any additional information.

Once the Housing ACT Officer decides that you should be considered for the Priority List, they will send your application to a panel called the Multi-Disciplinary Panel (MDP), along with a recommendation about what they think should happen to your application. The MDP will decide whether to put you on the Priority List.

How long you will have to wait before Housing ACT offers you a property will depend on what your requirements are (such as which areas you have nominated and how many bedrooms you need). The Priority Housing list generally has the shortest waiting time, but it can still take a long time to be housed.