Clients living in caravan parks affected by a disaster – how we can help

Clients living in caravan parks affected by a disaster – how we can help

After the flood events of 2021, there were lots of questions about housing law and in particular residents covered by the Residential Land lease communities act – more commonly known as caravan parks.  Residents either experienced damage to caravans or cabins that were:  * rented directly from the park, or * owned by residents who were paying site fees to the park. In some cases, entire parks were inundated.  The most common issues relating to caravan parks include:  * landlords and park owners continuing to charge rent or site fees where properties were uninhabitable, * Who is responsible for clean-up, maintenance and repairs, * Terminations of tenancy based on uninhabitability, * Vans owned by low income clients without insurance being damaged beyond repair, and * Getting access to the property to retrieve belongings. Listen now to find out more about how we can help.   Referrals and more information   * To find out who is currently in the housing team and who you can contact to discuss a matter or talk about a referral please check the housing intranet homepage [https://legalaidnsw.sharepoint.com/sites/Civil/SitePages/Housing.aspx].   * DRLS | legal information - housing intranet page [https://legalaidnsw.sharepoint.com/sites/Civil/SitePages/Disaster-Housing.aspx] * LANSW Residential parks factsheet for lawyers only [https://legalaidnsw.sharepoint.com/:b:/s/Civil/EWSUcMe44ShAkEZNwl8KRjMB-52p8uQyUVct-PFldT4uWQ?e=doBS4z] * Tenants' union website Home | Tenants' Union [https://www.tenants.org.au/?gclid=CjwKCAiAlrSPBhBaEiwAuLSDUAljoXkhk21HjqVmyGCroE7BPKChP0jqjmgD3fSVMoeudixr7pB5TBoC124QAvD_BwE] – type in your postcode at the bottom of the page to find your local tenancy service.

Employment situations following a disaster – What to look out for and how to refer

If there is a disaster or emergency, clients may have questions about their workplace rights.  This might be because an employee’s workplace has been damaged or had to close due to fire/flood damage or restricted access to the premises. Issues may also arise where an employee needs to take time off work.   Employees get different entitlements depending on their type of employment. When you see a disaster client with an employment related issue, it is important to find out:  * if they work full time or part time (on an ongoing basis or under a fixed-term contract), or work as a casual employee.  * if they are employed in the private or the public sector.  * You can also check which Award or Enterprise Agreement applies to their workplace.     Referrals and more information  * If you see a client with a question about their entitlements or wages, they can contact the Fair Work Ombudsman (13 13 94). There are useful resources on their website https://www.fairwork.gov.au [https://www.fairwork.gov.au/].  * If the matter is not urgent, you can help the client make an appointment for an employment advice clinic.  * If you have any questions, or when the client’s situation requires further investigation, and especially if a time limit applies, you can warm refer them to the employment team. For detailed referral information check out the Employment Intranet page. [https://legalaidnsw.sharepoint.com/sites/Civil/SitePages/Employment.aspx] * See also the employment page on the DRLS Intranet  [https://legalaidnsw.sharepoint.com/sites/Civil/SitePages/Disaster---Employment.aspx]

Domestic Violence, Family Law and Disasters – What to look out for and how to refer

The Domestic Violence Unit (DVU) is made up of lawyers, social workers and financial counsellors dedicated to assist victims of domestic and family violence.   During disasters clients often experience family law issues, including domestic violence, which need to be referred. Referrals to the DVU and Family law division during disasters typically involve issues around -   * Parenting – especially where parenting arrangements are restricted by disasters – e.g., unable to get to change over location or there is an ADVO in place which restricts contact between parties to make alternative arrangements.   * ADVO’s - potential breaches where parties might be in same evacuation centre or temporary accommodation following a disaster.  Referrals and more information  * For detailed referral information check out the DVU intranet page. [https://legalaidnsw.sharepoint.com/sites/Family/SitePages/Domestic-Violence-Unit-(DVU).aspx] * For general family law referrals, you can contact the Early Intervention Unit [https://legalaidnsw.sharepoint.com/sites/Family/SitePages/Early%20Intervention%20Unit.aspx] * Family Violence Law Help | Domestic & Family Violence and the Law [https://familyviolencelaw.gov.au/]

Child support - information and how to refer

The Child Support Service (CSS) is a small unit within the Family Law Division of Legal Aid NSW. There are 7 lawyers in the unit who only deal with Child Support issues. They are based in the Parramatta office and advise in clinics every day of the week.   Child support problems are a mix of Family Law and Government Law.   The Child Support Agency was set up by the Government to assess and collect the amounts that separated parents should pay for the support of their children. The process of assessing and collecting these amounts can be complicated and the Child Support Service can advise on how to navigate this process and deal with the problems.  Child support is a complicated system so if you have a matter that involves child support, the CSS want to hear about it.    Referrals and more information  For detailed referral information check out the CSS intranet page. [https://legalaidnsw.sharepoint.com/sites/Family/SitePages/Child-Support-Service.aspx] LANSW Brochures * Child Support service - Help for people with child support problems [http://publications.legalaid.nsw.gov.au/PublicationsResourcesService/PublicationImprints/Files/76.pdf] * Hey you mob – need help with child support?  [https://publications.legalaid.nsw.gov.au/PublicationsResourcesService/PublicationImprints/Files/379.pdf] (Aboriginal clients)  Child Support Fact Sheets * Fact Sheet 1: Taking action to get child support [https://publications.legalaid.nsw.gov.au/PublicationsResourcesService/PublicationImprints/Files/374.pdf] * Fact Sheet 2: Taking action to dispute paternity [https://publications.legalaid.nsw.gov.au/PublicationsResourcesService/PublicationImprints/Files/375.pdf] * Fact Sheet 3: Applying for leave to change your assessment [https://publications.legalaid.nsw.gov.au/PublicationsResourcesService/PublicationImprints/Files/376.pdf] * Fact Sheet 4: Applying for a stay order [https://publications.legalaid.nsw.gov.au/PublicationsResourcesService/PublicationImprints/Files/373.pdf] * Fact Sheet 5: Going to the Administrative Appeals Tribunal [https://publications.legalaid.nsw.gov.au/PublicationsResourcesService/PublicationImprints/Files/368.pdf]

Housing – common issues, how to refer and where to get more info.

Housing issues are one of the most common legal issues we see at Recovery Centres. Housing issues are problems that arise for clients who are renting their home, either through a social housing provider or a private rental.   The main Issues include:   Uninhabitable property   Termination - If the property is wholly uninhabitable following a disaster, both a tenant or a landlord can issue a termination notice. Note the landlord cannot terminate the tenancy without an order from NCAT.  Rental arrears  Rent abatement – where a property is wholly or partly uninhabitable, a tenants rent will abate for the period until the property becomes habitable.   Rent reduction – where a tenant has asked the landlord to conduct repairs and they have failed to do so; the tenant can ask for a rent reduction.   Clean up and repairs  Tenants should notify their landlord in writing of repairs needed. Tenants should collect evidence of the issues including photographs, quotes and attempts to contact the landlord.   Urgent repairs – tenants can authorise urgent repairs up to $1,000 where a landlord has not responded to requests for urgent repairs.   Referrals and more information  * Application to NCAT –  NSW Civil and Administrative Tribunal [https://www.ncat.nsw.gov.au/ncat/case-types/housing-and-property/tenancy.html] * Apply to NCAT online Apply online (nsw.gov.au) [https://www.ncat.nsw.gov.au/ncat/forms-and-fees/apply-online.html]  * Tenants' union website Home | Tenants' Union [https://www.tenants.org.au/?gclid=CjwKCAiAlrSPBhBaEiwAuLSDUAljoXkhk21HjqVmyGCroE7BPKChP0jqjmgD3fSVMoeudixr7pB5TBoC124QAvD_BwE] – type in your postcode at the bottom of the page to find your local tenancy service.   * To find out who is currently in the housing team and who you can contact to discuss a matter or talk about a referral please check the housing intranet homepage [https://legalaidnsw.sharepoint.com/sites/Civil/SitePages/Housing.aspx].