FAMILY AND DOMESTIC VIOLENCE POLICY

PREAMBLE
Domestic Violence is a whole of society issue and Homeswest recognises its role and responsibility as an active participant in an active and coordinated response. Homeswest acknowledges that victims are most at risk following a separation from the perpetrator and that stalking is also a major problem, which is experienced to various degrees of vengeance. Homeswest further recognises that the needs of children should be a guiding factor in any decision making. It is also acknowledged that the UN Declaration on the Rights of the Child (1989), Article 9 states that the safety of the child must be paramount in all circumstances.
The objective of the Homeswest family and domestic violence policy is to define and outline assistance in this area.

DEFINITION OF DOMESTIC VIOLENCE: Domestic violence is considered to be behaviour which results in physical, sexual and/or psychological damage, forced isolation, economic deprivation, or other behaviour which causes the victim to live in fear. (Family and Domestic Violence Taskforce WA 1995)
Homeswest also understands domestic violence to be behaviour, which seeks to control another, it involves covert as well as overt behaviour. (Best Practice Model Victim Services, Domestic Violence Prevention Unit 1998:6) It is estimated that between 89% and 95% of domestic violence offenders are men. It also acknowledges that all men, women and children have the right to live free from violence.
Homeswest acknowledges that Women’s Refuges Services and other supported accommodation services have an invaluable role to play in advising applicants of their entitlements and in assisting and supporting them to meet their responsibilities to their tenancies, under very difficult circumstances. The Department considers that such agencies are an integral part of the implementation of the policy.
POLICY

GUIDELINES & PRACTICES
Eligibility for Assistance
Applicants making application due to domestic or family violence
1. Applicants, whose reason for applying for priority assistance is due to family and domestic violence, are regarded as priority cases and their application will be assessed according to priority eligibility criteria.
  • See ELIGIBILITY POLICY.
  • See clause 9 regarding private property owners
  • Decision making to include; flexible repayment arrangements and suspending of prior debt until property settlement has been finalised.
  • Decisions to take no longer than 2 working days
  • See also clause 4
  • Previous tenant history shall not over-ride an applicant’s right to priority assistance. However, it may be a factor in the type of assistance provided or conditions placed upon assistance.
Assessment Criteria for establishing domestic violence
2. An assessment of the situation of an applicant will be made from priority eligibility criteria and it is acknowledged that written evidence in situations of family and domestic violence is not always possible or appropriate.

2.1 Homeswest may require one or more of the following to be satisfied the applicant meets the priority criteria due to domestic violence (the following are examples and the list is not exhaustive):

  • The telephone number or support letters of two professional agencies, such as a support agency, social worker, doctor or similar professional; OR
  • Referral by a family member or friend; OR
  • Possession of a restraining order by the applicant against the perpetrator. It is acknowledged that the possession of a restraining order by the applicant against the perpetrator is not always a guarantee of safety and not does negate the need for assistance; OR
  • Police incident reports of domestic violence or any other information the police are able to provide (email the police on information.release.unit@police.wa.gov.au).

If Homeswest are satisfied from interviewing the applicant that they are genuinely seeking priority assistance due to domestic violence then the above support documents may not be required.


POLICY

GUIDELINES & PRACTICES

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Assistance provided to applicants
3. Assistance to applicants may depend upon their status (applicant, current tenant, applicant in need of crisis accommodation), will be
  • Appropriate to their circumstances
  • Secure – in line with the Department’s Security policy
  • Consistent with Family Court Orders where applicable
Assistance to Applicants may be, but not limited to the following:
  • Emergency Housing – see EMERGENCY HOUSING POLICY
  • Priority Assistance – See PRIORITY ASSISTANCE POLICY
  • Bond Assistance – to find private rental accommodation –see Bond Assistance Policy (Separate Policy document)
  • A referral to a crisis accommodation agency as a temporary measure. The Department will make contact with the agency on behalf of the applicant. See last page for list of agencies.
Current Tenants
Assistance to remain in the current tenancy by the use of a Violence Restraining Order (VRO) and/or provision of full security.
  • Transfer to alternate accommodation
  • Support letter may be obtained from the Police Domestic Violence Resource and Referral Centre telephone 9226 2373 or 9226 2370 (country tenant/applicants may make contact with their local police office for referral to the Police’s Regional Domestic Violence Officer)
  • Owner/joint owner of property or land – see clause 9
  • All of the above
Note: Keys must be returned to Homeswest as soon as possible if the tenant vacates the property. However, Homeswest is cognizant of safety concerns for victims returning to premises (see list of support agencies)
  • Tenants may apply for their rent waived if they are in supported accommodation (See Rent to Income policy section 12 Absentee Tenant Minimum Rent).

POLICY

GUIDELINES & PRACTICES
4. Priority assistance may be given state-wide if the applicant wishes and does not have to be limited to the region in which the application is being made.
4.1 Homeswest will ring other regions across the state to find suitable and available accommodation, if the applicant wishes.
5. An allocation made on a priority basis will be made as quickly as possible depending upon the special needs of the applicant.
  • Tenants must give Homeswest a contact address on vacation.
6. A current tenant approved for a priority transfer, may formally vacate their tenancy and retain their listing date for the transfer.
  • While every effort will be made, Homeswest can not guarantee to house in the zone of choice and may offer an adjoining zone.
Privacy and Confidentiality
7. Victims of family and domestic violence will be assured of confidentiality regarding their circumstances, privacy in any contact with Homeswest and sensitivity from Homeswest officers.
– Bring a friend or advocate with them
– Request to be interviewed by a female officer, or a particular officer known to them. This is the desired process for Homeswest officers.
  • Request to be interviewed by an officer from another Homeswest office outside their local area. It may be necessary for the interview to be undertaken by telephone.
Training for Homeswest Officers
8. Assessing officers will have attended mandatory and on going training in the understanding of issues relating to domestic violence and cultural awareness.
  • Homeswest officers to be trained in Family and Domestic Violence matters by an external agency who specialises in this field.
Training includes
  • Understanding the issues relating to domestic violence
  • Making an assessment
  • Knowledge of support agencies
  • Knowledge of other options available to applicants
  • Understanding cultural issues as they relate to family and domestic violence
  • Sensitivity and confidentiality issues
  • Links to policy



POLICY

GUIDELINES & PRACTICES
Owners/Joint owners of property or land
9. Although Homeswest eligibility criteria exclude owners/joint owners of property or land, if domestic violence is present, ownership will not be a bar to assistance.
  • Applicants will be required to offer evidence of progress towards a sale within six months after being housed. If there are delays with Family Court matters; the matter will not be pursued until they are dealt with by the Court, so as not to place the applicant in further risk. File to be placed in ‘bring up’ for monitoring.
  • See policy 3 for type of assistance that may be offered
  • Also possibility of Mortgage Support/ Re-financing
Applicants with joint tenancies with the perpetrator
10. Homeswest will regard the applicant who has the daily care and control of the children as the legal tenant.
  • See Preamble Homeswest recognises that the needs of children will be a deciding factor in any decision making. UN Declaration on the Rights of the Child Article 9.
  • The tenancy situation may be reversed, if the other party gains daily care and control of the children at a later date.
  • Non custodial parents may also make application for family accommodation pending the outcome of Family Court decision. However, at allocation they must have had the matter fully resolved.
  • Some tenants may require temporary crisis accommodation, until the tenancy is resolved.
  • A tenant who remain in family accommodation after the family has moved out, may be required to move out or transfer, due to under occupancy of family accommodation.
  • The tenant without children remaining in family accommodation, may be
– Transferred to singles accommodation if eligible for assistance as a single person and if accommodation is available.
– Given Bond Assistance, if eligible
  • – Action may be taken under S73 of the Residential Tenancies Act, if the circumstances warrant this action.


POLICY

GUIDELINES & PRACTICES
11 Where the perpetrator is not a legal tenant, Homeswest has no legal authority to remove that person.
  • In life threatening circumstances Homeswest Officers or the tenant may request police to act within their power to ensure safety and protection of the tenant and any dependent children.
  • Either the legal tenant or a support agency will need to call for police assistance if this is necessary. The tenancy agreement states that a tenant is responsible for the actions of persons on the premises with permission of the tenant.
Property Damage due to domestic violence
12. Tenants may not be responsible for the cost of repairs to a property due wilful damage, provided that the damage has been reported to the police.
Evidence to support Tenant’s claim against tenant liability may be but not limited to:
  • Police Report Number
  • Brief report of damage by tenant
  • Letter to Homeswest via support agency on behalf of client, advising of damage (if applicable)
  • Letter from Police Domestic Violence Resource and Referral Centre (if applicable)
  • This is whether the person causing the damage is a joint tenant, another household member or a non-household member.
  • Any police report must be made as soon as possible after the damage reported to Homeswest within three days
  • If property damage is associated with the incidence of domestic violence, Homeswest will press charges of wilful damage. It is expected that the victim will collaborate with the Department in providing evidence. Homeswest will not require collaboration where it may put the victim at greater risk.
  • If the perpetrator is found guilty of the charges of wilful damage, Homeswest will pursue damages.
  • If property damage due to domestic violence is not reported to the police, tenant liability will be divided in proportion to the number of signatories on the tenancy agreement (i.e. two signatures, 50/50%)
  • Discretion may be exercised in the determination of tenant liability where domestic violence is involved and the matter not reported to the police.
  • In the case of a joint tenancy other tenant liability, not associated with the domestic violence, will be assessed on a proportional basis.
Security
13. Victims of domestic violence may apply for additional security.
  • Homeswest must ensure that applicants, whose safety is at risk, are provided with additional security measures in line with the Department’s Security policy
  • See Security Policy – Maintenance Policy Manual
  • Letter of support from Police/Refuge re: Risk Assessment
  • A successful application for security will be given priority; the tenant may be referred to a crisis accommodation as an interim measure until the work is complete.

POLICY

GUIDELINES & PRACTICES
Debt to Homeswest
14. Applicants or tenants, who are approved for priority assistance or emergency housing, will be requested to enter in to an agreement to repay the debt in affordable instalments. For all debts Homeswest will seek an arrangement so that the combined total of the tenant’s arrears and current debt does not exceed 30% of their total assessable household income.
  • Applicants may also be considered for bond assistance.
  • Applicants must make repayments through the Centrelink Direct Deduction scheme.
  • Applicants maybe eligible for the Debt Discount Scheme for debts from a previous tenancy/s.
  • Discretion may be applied; debt payment will not be the over riding consideration.

2003 SUPPORT/REFERRAL AGENCIES FOR ASSISTING IN SITUATIONS OF DOMESTIC VIOLENCE
Area Code for Western Australia is 08
15. Crisis Care 9325 1111 toll free 1800 199 008
Salvo Care 9227 8655
Homeless Hotline 1800 065 892
Women’s Refuge Group 9420 7264
Tenants Advice Service 9221 0088
Local Women’s Refuges (Metropolitan Area)
Pat Giles 9300 0340
Mary Smith Night Shelter 9458 1107
Zonta 9364 8028
Nardine 9470 3628
Starick House 9398 5080
Stirling 9344 2118
Warrawee 9335 6840
Anawim 9328 7562
Ruah Refuge 9227 6616
Byanda/Nunyara 9328 7284
Woree Miya 9371 3083
Country Refuges
Albany 9482 1574
Broome 9193 6146
Bunbury 9791 2894
Carnarvon 9941 3358
Derby 9193 2244
Esperance 9071 4395
Fitzroy Crossing 9191 5126
Geraldton 9964 2173
Halls Creek 9168 6553
Hedland 9173 1948
Kalgoorlie 9021 2836
Karratha 9185 2807
Kununurra 9169 1049
Mandurah 9535 4775
Narrogin 9881 2817
Newman 9175 5100
Northam 9622 7231
Onslow 9184 6895
Rockingham 9527 6827
Roebourne 9182 1800
Wyndham 9161 1545
NB: Please use in conjunction with a current copy of the Women’s Refuge Group of WA Inc Refuge Roster. A new copy is produced each year. This will assist you identify, which Refuge is on Roster for the month.
Domestic Violence Liaison Officers
South East Metro 9399 0273 or 9399 0215
South Metro 9336 9919 or 9430 7783
North West Metro 9400 0943
East Metro 9250 0322
West Metro 9345 9121
Centra Metro 9226 2370
Family and Domestic Violence Unit 9264 6350
Domestic Violence Resource and Referral Centre 9226 3770
Assistance for Men
Mens Help Line 1800 000 599 (24 hours) or 9223 1199