acknowledgments The Equal Opportunity Commission (EOC) would like to thank all those who have participated in this Inquiry; in particular, those individuals who had the courage to share with EOC staff the personal aspects of their lives and the lives of their families. The EOC would also like to thank all those who represented the interests of their particular community group or organisation and those who represented the interests of government departments. Special thanks must go to the EOC staff who have given unstintingly of their time and energy to make this Inquiry happen after Moria Rayner announced the S80 Housing Investigation during her time as Acting Commissioner of the EOC between April 2002 and December 2002. The vision and passion of all these persons for Human Rights ensured the Inquiry progressed to produce the wide ranging recommendations detailed at the conclusion of this report. The EOC gratefully acknowledges the invaluable contributions and support received from various groups and individuals. Reference Group - Pat Dudgeon (Chair) - Ted Wilkes (Deputy Chair) - Yvonne Henderson (EOC Commissioner) - Darren Farmer (Aboriginal and Torres Strait Island Commission) - George Hayden (Aboriginal and Torres Strait Island Commission) - Barry Taylor (Aboriginal and Torres Strait Island Commission) - Charlie Wright (Aboriginal and Torres Strait Island Commission) - Hannah McGlade - John Ballard - Deborah Hunn (Secretary) Funding Bodies - Curtin University - Department of Indigenous Affairs - Office of Multicultural Interests - Office of Women’s Interest - ATSIC Research - Malcolm Albrook - Tom Mulholland - Hannah McGlade - Sandra Handscomb - Marc Newhouse - Allan Macdonald - Ann-Marie McCann - Jane Ardern - University of Western Australia Law students (Suzanne Akilas, Sharoni de Silva, Rebekah Dornan, Brett Farmer, Jeremy Lee, Luke Russell, Adam Sharpe, Rebecca Tsang and Belinda Wong) Video Production - Dr Martin Mhando (Director, Media Studies Senior Lecturer, Murdoch University) - Nick Dunlop (Editor) - Stephen Henderson (Assistant Director/Photography) Advisory Support - Pat Dudgeon (Head, Centre for Aboriginal Studies, Curtin University) - Jim Ife (Associate Professor, Centre for Human Rights Education, Curtin University) The EOC would like to thank the many hundreds of people and the many organisations that made submissions to this Inquiry in oral, written, tape- recorded or video format. Prior to making a submission, all were advised of their right to
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Perth Metropolitan In the metropolitan a median value of 3% of non- rental dwellings experience poverty. The poverty experienced by Aboriginal people in DHW housing is again markedly higher (median value of 16.7%) compared to non-Aboriginal people living in DHW housing (median value of 2.6%). Therefore, Aboriginal children are over six times more likely to experience poverty than non-Aboriginal children. Overall, these figures indicate that Aboriginal children living in the metropolitan area appear to be worse off than children living in the rural area.
• improving access to, and maintenance of, public housing; • improving access to, and maintenance of, community living; • improving access to the private rental market; • developing the AHL Hostel System further to meet temporary accommodation needs and/or support to move to independent living; and • improving the living conditions and options available to Aboriginal people living in the open on the fringes of the town, in or around parks and riverbeds. 5. THE COMMISSIONER’S POWERS Section 80 of the Equal Opportunity Act 1984, provides the Commissioner with broad powers, including the powers to: • carry out investigations, research or inquiries relating to discrimination; • acquire and disseminate knowledge on all matters relating to elimination of discrimination; • develop programs and policies promoting the achievement of the principle of equality between people of all races; • publish any written reports compiled in the exercise of the Commissioner’s powers; and • undertake a review of government policies and practices with a view to identifying circumstances where discrimination on a ground such as race occurs and provide a report of the findings of the review to the Minister. 6. SUBMISSIONS The Commissioner seeks Submissions on the following specific matters relating to DHW: (a) policies; (b) programs; (c) practices; (d) guidelines and/or directions; (e) staff training and development; and (f) decisions and/or decision-making processes. These include but are not necessarily limited to: Policies • eligibility; • tenant liability; • anti social behaviour; • property maintenance; • tenancy management; • privacy, confidentiality and duty of care; • appeals and reviews; • property condition reports; • domestic violence; • rent/income; • recoveries of premises and debt; • terms and conditions in tenancy agreements; Programs • Supported Housing Assistance Program (SHAP); • Aboriginal Tenant Support Service (ATSS); • Fund 1 (mainstream) and Fund 6 (Aboriginal specific); • construction (size, design, location); • redevelopment; • Crisis Accommodation Program (CAP); • Headleasing; • Community Housing; • Homeless Helpline; • Derbarl Yerrigan Priority 1; Practices • round management (e.g. an Accommodation Manager’s responsibilities); • use of legal processes as a management tool; • job order issues; • response to alleged breaches; • correspondence; • inspections; • waiting list management; • Aboriginal staffing rates, seniority and turnover;
• procedures and manuals; • file management • documentation; • data collection; Guidelines and Directions • the adequacy or lack of relevant guidelines or directions (in terms of transparency and accountability); • discretion policy; • directives; • procedural fairness; Adequacy or Provision of Staff Training • anti racism; • cultural awareness; • domestic violence; • internal policy and procedures; • legislation including the Residential Tenancies Act and the Equal Opportunity Act; • Public Sector Standards; • staff, appeals representatives, agents trained; • frequency and consistency, mandatory training; Decisions and/or Decision-Making Processes • assessment of applications; • assessment of tenant liability; • documentation of reasons for decision; • procedural fairness; and • termination of tenancies. You may raise any other matter relevant to the Investigation in your Submission. Analysis of Complaints and Enquiries Received by the Commissioner for Equal Opportunity A content analysis of complaints and inquiries by Aboriginal people against DHW from 2000 to May 2002 (2.5 year period) indicates the following issues: • 196 complaints and enquiries were analysed of which 193 (over 98%) of complainants were Aboriginal people; • 176 (over 89%) of the complainants were Aboriginal women; • 83 (over 42%) of the complainants said they were homeless; • 185 (over 94%) of the complainants were from the Perth metropolitan area; • 81 (over 41%) of the complaints related to transfers; • 34 (over 27%) of the complaints related to priority listings; • 34 (over 27%) of the complaints related to housing; • 65 (over 33%) of the complaints lapsed; • 46 (over 23%) of the complaints were conciliated/resolved.
By Email: By Fax: (08) 9216 3960 By TTY 9 : (08) 9216 3936 By Phone: (08) 9216 3900 or 1800 198 149 (free call outside the Perth metropolitan area). SUBMISSION QUESTIONS BACKGROUND INFORMATION To help you with your Submission, a brief working definition of ‘Direct’ and ‘Indirect Discrimination’ affecting Aboriginal people is provided. Direct Discrimination is when someone treats a person less favourably than they would treat another person in the same or similar circumstances because of a ground, such as the other person’s (or a relative or associate’s) race, impairment, marital or family status, pregnancy, family responsibility, age, sex, sexual orientation, religion or politics. Indirect Discrimination is when the less favourable treatment because of a ground, as described above, is a result of a policy, practice or program that appears to apply to everyone in the same way, but when in practice sets up a requirement or condition with which far more Aboriginal people than non-Aboriginal people cannot comply, or have greater difficulty in complying; and the requirement or condition is unreasonable. In the case of race discrimination, the ‘less favourable treatment’ can include acts, omissions, requirements or conditions that segregate a person from people of another race. QUESTIONS These questions are meant to support your response, but we welcome any suggestions, ideas and contributions you wish to make about the provision of public housing for Aboriginal people in Western Australia. It would be helpful if, when you respond, you write the answers to each question on a separate sheet of paper. Attach extra sheets to your Submission, if you need to. Relevant Policies Q1.Are you aware that the Department of Housing and Works (DHW) has written policies in relation to: Please respond by ticking ✓ in the appropriate box below. Yes No Not sure a. eligibility for housing ■ ■ ■ b. priority housing ■ ■ ■ c. domestic violence ■ ■ ■ d. rent payment ■ ■ ■ e. tenant liability ■ ■ ■ f. maintenance and repairs ■ ■ ■ g. inspections ■ ■ ■ h. anti-social behaviour ■ ■ ■ 9 Telephone Typewriter