Guidelines for field staff to assist people living in ... - Housing NSW

APPENDIX 6:Organisations that can assist whenpeople are unwilling to accept assistanceLocal CouncilsUnder the Local Government Act 1993, the local council may conduct inspections ofresidential premises, and order removal and disposal of waste, under certaincircumstances. If the person is known to other services such as mental health, agedcare, drug and alcohol or a non-government organisation (NGOs), it is beneficial to havethe health or welfare worker accompany the council staff at the time of inspection.If required, council officers may order cleaning, removal of property and repairs, undercertain circumstances. A council is authorised to recover the reasonable costs of theentry or inspection and the clean up work.If council officers are concerned about fire safety, they may invite Fire Brigade officers toattend during the inspection.Councils are generally not permitted to unilaterally enter a property and remove materialwithout first giving notice of their intention to do so. However, entry without notice ispermitted in circumstances where there is a reasonable likelihood of serious risk to healthand safety. Whenever possible, an independent advocate such as a family member orneighbour should be present to record the items removed from the premises.NSW Department of Housing (DoH)NSW Department of Housing (DOH) has responsibilities under provisions of theResidential Tenancy Agreement to monitor public rental tenancies, and ensure thattenants keep premises reasonably clean, do not cause a nuisance, and do notinterfere with the reasonable peace, privacy and comfort of their neighbours.Where extreme tenant hoarding or unclean behaviours creates a public health orsafety risk (such as fire risks), then engagement with the tenants will occur in anegotiated way by using techniques such as discussions on the safety, aesthetic andaccess implications. Advice could be provided on techniques for breaking downlarger tasks into more manageable smaller ones, and choosing target areas whereprogress is more easily apparent and thus more rewarding. The Department’s staffwill attempt to build rapport and endeavour to use a sympathetic and collaborativeapproach with the client on the issues.However, if a tenant is unwilling to accept supports or alter their behaviours throughconsultative approaches, and a breach of their Tenancy Agreement is evident, thenan approach to the Consumer Trader and Tenancy Tribunal (CTTT) may be made.This could result in orders that:• Create formally ratified agreements on acceptable behaviours of the tenant.The agreement content may be developed in conjunction with other agenciesand be intended to support longer-term changes for the client.43