Navigating the Diversity of Shelter Law in Australia

Wednesday 3rd of April 2024

Legal Studies

Syllabus Topic

Option 5: Shelter

Nature of Shelter

types of shelter

Australia's shelter landscape is diverse, encompassing various housing options catering to different needs and demographics. Housing options can be divided into three broad categories; social housing which is owned by a government or non-Government organisation (NGO) and rented to individuals, private housing which encompasses a private sale or rent of a property, and emergency accommodation which is supplied by NGOs. Understanding the legal frameworks governing each type of shelter is crucial for both residents and policymakers. This article provides an overview of the diverse categories of shelter in Australia and highlights the importance of comprehending the associated legalities.

Types of Shelter

Social Housing

Social housing itself is also divided into three categories; public housing supplied through governments, community housing supplied through NGOs, and Aboriginal housing which specifically serves Indigenous Australians. Within NSW social housing is governed by the Residential Tenancies Act 2010 (NSW) and provides stability and support to vulnerable populations through affordable housing.

Aboriginal housing, established under the Aboriginal Housing Act 1988 (NSW), addresses the housing needs of Indigenous communities. It operates through specific funding mechanisms aimed at improving living conditions and fostering cultural connections.

Community housing is also divided into two categories; general social housing which provides secure long-term affordable housing, and specialist homelessness services which offer short-term crisis accommodation and transitional housing to individuals experiencing homelessness or at risk of homelessness.

Cooperative Housing

Cooperative housing involves a community where individuals voluntarily unite to fulfill their shared need for affordable, sustainable housing. Members reside in separate units while actively engaging in the cooperative's management of the property. Cooperative housing in NSW is governed by the Co-operatives (Adoption of National Law) Act 2012 (NSW), which was passed to align the state’s legislation with the Co-operatives National Law Agreement. Furthermore, the largest provider of cooperative housing in NSW is Common Equity NSW, which manages over five-hundred properties across twenty-five local government areas.

Aged Care Facilities

Aged care facilities cater to the needs of older Australians, offering various levels of care and accommodation options. Age care facilities are primarily governed by the Aged Care Act 1997 (Cth), and these facilities ensure that seniors receive appropriate support and assistance as they age.

Caravan Parks

Caravan parks provide temporary or permanent accommodation for individuals living in caravans, cabins, or similar structures. Tenants of these parks maintain the same rights as other tenants, and are protected by the Residential Parks Act 1998 (NSW), which outlines their rights and responsibilities within these communities.

Boarding Houses

Boarding houses offer affordable accommodation for individuals, typically providing furnished rooms and shared facilities. They encompass various types, including hostels and lodging houses, catering to diverse needs and preferences. Boarding houses in NSW are regulated by the Boarding Houses Act 2012 (NSW).

Group Homes

Group homes provide supported living arrangements for individuals with disabilities or special needs. These homes offer personalised care and assistance within a communal setting, and the State Environmental Planning Policy (Housing) 2021 (NSW) was passed with the aim to encourage the further development of these homes.

Squatting

Squatting involves occupying abandoned or unoccupied properties without legal permission. While squatting remains a contentious issue, the legal status varies, with some jurisdictions offering limited protections to squatters. For example, in NSW a squatter who occupies an abandoned property uninterrupted for twelve years may launch a claim to the title of the property. This is known as adverse possession, and is governed by the Real Property Act 1900 (NSW) and the Limitation Act 1969 (NSW).

Sources

NSW Department Communities and Justice: Social Housing

NSW Department of Community and Justice: Community Housing

Aboriginal Housing Office: Aboriginal Housing

NSW Legislation: Residential Tenancies Act 2010 (NSW)

NSW Legislation: Aboriginal Housing Act 1988 (NSW)

Co-Operation Housing: Cooperative Housing

NSW Legislation: Co-operatives (Adoption of National Law) Act 2012 (NSW)

NSW Fair Trading: Co-operatives National Law Agreement

Common Equity: Common Equity NSW

NSW Legislation: Aged Care Act 1997 (Cth)

NSW Legislation: Residential Parks Act 1998 (NSW)