This article was compiled from writings by students from Monash Faculty of Law undertaking a Professional Practice Unit at SMLS.
“It is not safe to live with mum and dad. You were couch-surfing at friends’ places. Not anymore because of restrictions. Your boss texts you no longer have a job; they are closed during lockdown. You were a casual worker and can’t access Job Keeper. Now you have no income, and nothing saved. You are lucky enough to be placed in a ‘homeless hotel’; three strangers crammed into a two-person room. Going to the supermarket, you are fined for not having a valid concession card on the bus.’
What are you going to do now?
Youth Homelessness
The latest census revealed that 24,300 people are homeless in Victoria. 25% are young people aged 12-24. Young people have the highest risk of homelessness, their driving factors often more complex than most. They are also disproportionately by the COVID-19 pandemic. Many are casually employed in industries that were forced to close, contributing to youth unemployment rising by over 35% during the pandemic.
Why do people become homeless?
Statistically, family violence is the primary reason women and children become homeless, despite access to long-term housing being an imperative component of recovery. As predicted, the pandemic has seen a heightened risk of family violence and subsequently, homelessness.
COVID fines are also causing issues for our clients who are already vulnerable and disadvantaged, with people experiencing homelessness over represented in the infringements system. It is concerning that not a single COVID fine has been overturned across Victoria, regardless of circumstances and despite strong advocacy from the community legal sector.
Lockdown restrictions have further targeted the homeless who have struggled with various COVID related laws, including curfew and stay-at home directions. While the directions should not apply to those without an ordinary place of residence, this has not been consistently enforced and fines continue to disproportionately penalise those with reduced financial capacity. Inaction, due to a lack of awareness of or access to assistance, can lead to escalation, such that the homeless are more likely to be confronted with enforcement measures which may result in further offending, consequences, and penalties. This clearly raises concerns as to whether fines in fact achieve their objective of ensuring civic compliance whilst reducing court burden.
The Community Legal Response
SMLS, along with many other community legal centres have been able to help people at risk of homelessness during COVID-19 with a range of legal issues, such as tenancy disputes, fines and other support. The ongoing advocacy from the community sector led to temporary laws which support tenants, such as the prevention of eviction in many circumstances, financial support and more. While our sector celebrated the Victorian Government’s $500 million investment in social housing we know that this amount will still fall short of the amount necessary to make an inroad into the 100,000 strong wait list of people requiring housing support.
Thinking bigger
Globally, various programs have been implemented by governments to address homelessness. Universal basic incomes, public housing, housing first models have been tried, yet the number of people experiencing homelessness continues to rise. Some have argued that capitalism itself plays a critical function in creating, perpetuating and criminalising homelessness. This could be due to that fact that capitalism inherently places profit above human life. It also treats the basic need for safe and affordable housing as a private commodity to be sold for a profit.
Given that approximately only 2% of private rental properties in Victoria are affordable for people on income support, and only 28% are affordable for people on the minimum wage, it is no surprise that homelessness continues to grow in Victoria.
The investment in social housing alone is not enough, other reform is necessary if we truly want all Victorians to have homes. This includes increasing welfare payments so that people can pay their rent, significantly reforming our fines system, and investing in more and better support for people experiencing family violence.
