from YAPRap January 2007
by David Skidmore, Policy Officer, Homeless Persons' Legal Service
Homelessness is a serious and growing problem in NSW and young people are heavily represented in the figures.
According to the 2001 Census there were 26,676 homeless people living in NSW and an estimated 6,242 of them were aged between 12 and 18 years. This includes 2,116 homeless school students. Using the definition of a young person as someone 24 years old or under, young people make up 46% of the homeless population Australia-wide, despite comprising just over a quarter of Australia's population in 2004 (6.8 million out of 20.3 million according to the Australian Institute of Health and Welfare).
Where do these homeless young people sleep each night? In parks and bus shelters, youth refuges and maybe boarding houses. Homelessness is a life of continual upheaval and many people without a home move from rough sleeping to refuges and back again.
Being homeless is not a crime. However, because homeless people occupy public space and often can't pay for public transport, they frequently fall foul of the law. The Homeless Persons' Legal Service (HPLS) published a report in April 2006, Not such a Fine Thing!: Options for Reform of the Management of Fines Matters in NSW . In it, HPLS reported that homeless people, including young people, appear to be frequent targets for Transit Officers on trains and railway stations. This means that they acquire huge debts that are virtually impossible to pay and so their homelessness becomes entrenched. It also means a young homeless person can end up in continual trouble with the authorities when he or she is found to have a history of unpaid fines. Fortunately, legal help for young homeless people is available through a number of avenues.
The Shopfront
The Shopfront (Shopfront Youth Legal Centre) is a Sydney-based, free legal service catering specifically to the needs of disadvantaged and homeless people aged 25 years and under. It is a collaborative project of Freehills (a law firm), the Salvation Army and Mission Australia. In addition to providing court representation and legal advice, the Shopfront has resources including a fines information kit for youth workers, fact sheets on a range of legal issues, and submissions aimed at reforming the laws that affect young homeless people.
www.theshopfront.org
356 Victoria St, Darlinghurst 2000
02 9360 1847 or 0418 407 290.
shopfront@freehills.com
Homeless Persons' Legal Service (HPLS)
HPLS is a joint project of the Public Interest Advocacy Centre (PIAC) and the Public Interest Legal Clearing House (PILCH). It has free legal clinics at various welfare agencies in Sydney's inner suburbs and Parramatta. Lawyers from private law firms make themselves available weekly at the agencies to give legal advice. HPLS assists people who are homeless or at risk of homelessness. It is not specifically aimed at young people. However, the lawyers provide advice on problems affecting young homeless people including fines and complaints against the police. HPLS also does public policy and law reform work around the legal needs of homeless people.
http://piac.asn.au/legal/hpls.html
02 8898 6545
homelessproject@piac.asn.au
- The Station, 82 Erskine St, Sydney 2000. Monday 10am to 12pm.
- Matthew Talbot Hostel, Woolloomooloo. Tuesday 11am to 12pm.
- Parramatta Mission, 119 Macquarie St, Parramatta. Wednesday 11am to 1.30pm
- Streetlevel Mission, Derby La (off Albion St), Surry Hills. Wednesday 12.30pm - 2pm
- Edward Eagar Lodge, 348a Bourke St, Surry Hills. Thursday 1pm to 3pm
- Women's and Girls' Emergency Centre, 177 Albion St, Surry Hills. Friday 11am - 1pm.
- Newtown Mission, 2 Erskineville Rd, Newtown. 1.30pm to 2.30pm.
National Children's and Youth Law Centre (NCYLC)
NCYLC is a legal resource centre that was originally set up as an initiative of the University of NSW, the University of Sydney and PIAC. It has a website - LawStuff - with information on legal matters affecting young people including issues relevant to young homeless people. There is also the facility to make inquiries via email. NCYLC has an information role rather than one of individual casework. Nonetheless, providing you can get internet access, the service is a useful resource.
www.lawstuff.org.au for the LawStuff site
www.ncylc.org.au
University of NSW, Sydney 2052
02 9385 9588
ncylc@unsw.edu.au
ASK!
ASK! is a specialist community legal service for young people (aged 14 to 21 years). It is run out of the Ted Noffs Foundation in Randwick and the Smith Family in Parramatta. Lawyers from Mallesons Stephen Jacques provide the legal expertise. The service is available by appointment between 4pm and 6pm on Tuesdays. ASK! also provides information resources relevant to homeless people and their legal issues.
www.noffs.org.au/programs/ask.shtm
Ted Noffs Foundation
206A Allison Rd, Randwick 2031
ask@noffs.org.au
or
Smith Family
Level 1, 239 Church St, Parramatta 2150
02 8383 6629 or 0400 836 601 (SMS service)
Other community legal centres
There are other community legal centres in Sydney and regional NSW that provide free legal advice and other assistance to people on low or no income. Their lawyers don't necessarily have specific training in young homeless people's legal needs, but can help with most legal problems. If they can't help they can provide appropriate referrals. The peak body in NSW is the NSW Combined Community Legal Centres' Group and it has information on how to get in touch community legal centres in your local area.
www.nswclc.org.au
Suite 3B
Briad House, 491-493 Elizabeth St, Surry Hills 2010
02 9318 2355
Legal Aid NSW
Legal Aid NSW (the Legal Aid Commission) is a NSW statutory authority that provides legal assistance to disadvantaged people. Clients may either receive a grant of legal aid to pay a private lawyer or have a lawyer from Legal Aid take their case. There is an assessment process to check whether or not a client is eligible to receive legal aid. While legal advice is free, ongoing assistance may require a contribution from the client. This is determined by their capacity to pay. Being homeless is not part of the criteria of "unusual or special disadvantage" used to determine eligibility for a grant. However, being a child is. This means that young people under 18 years old will find it easier to get approval for a legal aid grant, while those over 18 must meet other parts of the criteria to qualify for a grant of legal aid.
Legal Aid NSW also operates the Legal Aid Under 18s Hotline (1800 10 18 10). It is available Monday to Friday from 9.00am to 12.00am and 24 hours a day over weekends and public holidays. Lawyers who are experienced in young people's legal issues staff the Hotline and they provide legal advice for those who have committed or suspected to have committed a criminal offence.
www.legalaid.nsw.gov.au
Ground Floor, 323 Castlereagh St, Sydney 2000 (Head Office)
02 9219 2000
Legal Aid Under 18s Hotline 1800 10 18 10
LawAccess NSW
Law Access NSW is an on-line information and telephone legal advice service set up by the NSW Government. As well as giving information and making referrals, LawAccess staff can help assess a client's eligibility for legal aid.
www.lawaccess.nsw.gov.au
1300 888 529
Notes
Published: December 2006
Opinions: are the author's and not necessarily YAPA's.
