Because of her, we can: NAIDOC Week 2018

Here at the Tenants Union, we are lucky to have an incredible network of Tenant Advocates working actively across the state with tenants to help resolve their tenancy issues. They are an incredible bunch of people, who help to keep the wheel of justice running (somewhat) smoothly.

The four Koori Tenants Advice services are dotted across all corners of NSW, with the Western Aboriginal Tenants Advice and Advocacy Service in Dubbo, the Greater Sydney Aboriginal Tenants Service in St Mary’s, the Southern Murra Mia Tenant Advocacy Service in Batemans Bay, and the Northern NSW Aboriginal Tenants Advice and Advocacy Service in Grafton and Newcastle – supported by the Dtarawarra Aboriginal Resource Unit.



These services work tirelessly with Aboriginal and Torres Strait Islander tenants across NSW, managing every range of tenancy issue you could imagine, as well as the intricacies and difficulties that come with the Aboriginal Housing sector.

Each of the services are bolstered by some incredible female tenant advocates, who we are celebrating with our 2018 NAIDOC video, tying into the NAIDOC theme for 2018 being ‘Because of Her, we can’. Some of our advocates are shyer than others about appearing on camera and we couldn’t quite coax them all into filming an interview, but we are very grateful to each of them for the wonderful work that they are doing in supporting and advocating for the rights of all Aboriginal and Torres Strait Islander tenants across NSW.

Thanks to all of the extraordinary women who make up our Koori TAAS network, you are truly remarkable!

NAIDOC week 2017 - Our languages matter

This article written by the TU's Legal Officer (Aboriginal Support), Jessica Hall. Jessica works closely with the Aboriginal Tenants Advice and Advocacy Services across NSW.

It’s NAIDOC week, and once again the TU is reflecting on and recognising Aboriginal and Torres Strait Island culture, talent and resilience, and the contributions that Indigenous Australians make to our country and our society.

This year’s theme is Our Languages Matter. The 2017 theme aims to “celebrate the essential role that Indigenous languages play in both cultural identity, linking people to their land and water, and in the transmission of Aboriginal and Torres Strait Islander history, spirituality and rites, through story and song”.

From the earliest days of European contact there was often an assumption that Indigenous Australian languages were of less value than English and this view soon hardened into government policy, reinforced through education and employment practices. Aboriginal and Torres Strait Islander people were discouraged from speaking their languages, so that many children had little or no knowledge of their traditional languages.

This year’s NAIDOC week theme comes at a time of important discussion and proposed NSW legislation to review treatment of, and to recognise and protect, Indigenous Australian languages, with NSW to become the first state to pass a law protecting Indigenous languages. The recently released draft Aboriginal Languages Bill 2017 seeks to implement measures to protect and revive NSW Aboriginal languages by a focused and sustained effort, including a Strategic Plan and a new Centre for Aboriginal Languages of NSW.

Aboriginal languages also became available as a HSC subject for the first time in 2016. Prior to this, students were only able to take Aboriginal language courses from kindergarten to year 10. The moves towards education reform will aid Aboriginal young people to become the future custodians and caretakers of their languages. This renewed focus to support and maintain Aboriginal Languages is a step in the right direction.

Dhubany by Millmullian, 2015

Indigenous languages and oral storytelling are integral for linking Aboriginal people to their lands, and maintaining cultural identity through the passing of stories through generations. Historically, colonial relocation was a significant contribution to the disruption of Indigenous language and storytelling. According to the Australian Institute of Aboriginal and Torres Strait Islander Studies, over 250 Indigenous Australian language groups covered the continent at the time of European settlement in 1788. Today only around 120 of those languages are still spoken.

This historic relocation and the effect it had on Indigenous languages is being echoed today by a continued forced relocation of Aboriginal people - by the use of no grounds notices, which force Aboriginal tenants from their homes without reasonable cause. The Aboriginal Tenants Advice and Advocacy Services across NSW are now consistently quoting no-grounds evictions as one of the major issues facing Aboriginal tenants, both in social housing and private tenancies. There should be legislation in place that allows the Tribunal to refuse such notice by taking into account an Aboriginal tenant’s cultural connection to country. The movement from dispossession and displacement to eviction without grounds draws worrying contrasts.

With reflection on the clear lessons that Indigenous languages must be recognised in Australia, we hope that the government will also move towards bettering Aboriginal and Torres Strait Islander rights in all areas, including Aboriginal housing. Here at the TU, we will celebrate NAIDOC week at a number of events, including a stall in association with CLCNSW at WEAVE’s annual NAIDOC Woolloomooloo festival on Saturday 8 July.

Happy NAIDOC week!

Aboriginal Tenants' Services, serving country

During NAIDOC Week 2014 we've recognised the contribution Indigenous Australians make to our country and our society. Specifically, we've talked about Serving Country, marking the centenary of World War I and paying tribute to Australia's Indigenous service men and women throughout the years.

As NAIDOC Week wraps up today, we'd like to pay tribute to another kind of service: the Aboriginal Tenants' Advice Services in New South Wales. These services are run by Aboriginal people for Aboriginal people, and they do an incredible job. Recently the TU's Aboriginal Legal Team paid a visit to one of these services, where they spoke to Legendary Tenants' Advocate and service Coordinator, Jim Allen.

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INSIGHTS FROM JIM ALLEN, COORDINATOR OF MURRA MIA ABORIGINAL TENANTS ADVICE SERVICE 

Interviewed by Galit Aflalo and John Mewburn during the Tenants’ Union Service Visit of 4 July 2014

Why did you first decide to be a tenants’ advocate?

It wasn’t a decision to become a tenants’ advocate, I have always been involved in Aboriginal affairs, whether it be Land Rights movements or trying to work through the issues to get more and better housing for Aboriginal people. A position became available in tenancy advocacy and it was a bridge between my work at a community level and paid employment.

Housing has always been one of the basic human rights that Aboriginal people have been denied for as long as occupation of Australia has taken place. Aboriginal people have been made to be fringe dwellers, their own land has been taken from them. Aboriginal people have been put onto missions, segregated from the white community and denied the basic human right of housing. Aboriginal people are still being denied the basic right of proper housing today in 2014.

In your view, how and why have Aboriginal people been the denied the basic right of proper housing?

It goes back to the original white settlement of Australia, the colonialisation of this country. White settlers expelled Aboriginal people from this land. In doing that, they segregated Aboriginal people away from the white development that took place in the 200 years that followed.

If you segregate people away from a developing economy, leave them out of a financial system, leave them out of the education system, steal their wages, steal their children, push them onto missions, put them into homes, incarcerate them and don’t allow them to be a part of the overall development, at some point in time there is going to be poverty amongst that segregated group of people.

The segregated ‘White Australia’ policies of government have left Aboriginal people without employment, without education and higher education, without positions in medicine, science, agriculture, mining and has left Aboriginal people out of the wealth and financial system.

All of the things that white people enjoy have been denied to Aboriginal people over 200 years.

Racism has denied Aboriginal people the same choices as other Australians. Racism has allowed Aboriginal people to be left behind.

When you leave Aboriginal people out of the financial and legal system, it is easy to stigmatise Aboriginal people for not being able to read or write, not being able to own or care for a house, not being able to abide by white man’s law. Aboriginal people have been stigmatised for their disadvantage over 200 years.

If we had walked together side by side as a country, walked together as equals, we would have developed in step with each other. Instead, today we have high rates of suicide, alcoholism, high infant mortality, suicide, poverty and disadvantage amongst Aboriginal people

If we had walked together side by side as a country, we would have all had the same standards of living today. If we had walked together as a country, there would be less racism and disadvantage today.

Could you describe some of the policies that have impacted on the state of repair of Aboriginal Housing in NSW?

It is a fact that the vast majority of Aboriginal people now are reliant on social housing and that can be government managed social housing or Aboriginal managed social housing. The two systems have not walked side-by-side in their development.

Where government managed social housing is financially supported by the government, Aboriginal managed social housing has been left without financial support for 40 or 50 years.

The locations where most of our Aboriginal communities have been able to acquire housing are usually on the former reserves and missions. The former reserves and missions do not receive local shire council support or funding for roads, the delivery of power, garbage collection, water or sewerage and therefore the liability falls with the local community, a local community that has minimal government support.

Once again, Aboriginal housing is now in a state of wholesale disrepair. Governments are still saying that they will not financially support further development or capital growth for Aboriginal housing even when all of the statistical data states that we need thousands of more houses across the country to meet the homelessness, the overcrowding and the aging stock of some of the housing that is 40, 50 and 60 years old.

What do you see as the three key tenancy issues for Aboriginal tenants in NSW?

The three key issues would be:

(i)              Repairs and maintenance issues;

(ii)            Overcrowding;

(iii)          Policy around housing that addresses the uniqueness of Aboriginal culture.

Aboriginal people often get into difficulty because of their close kinship ties and the visitors that may come and go during the course of the tenancy. This could be seen as breaching public housing policy regarding noise and overcrowding. This could also lead to a tenant’s rent subsidy being cancelled because there are constantly other people staying at the social housing property.

All Aboriginal people still have strong associations through family, clans and their tribes that have evolved over thousands of years. Those associations still exist today. Our people will travel from one end of the coast to the other and stay with their relatives and they are passing through many many towns. This happens constantly. This places a burden on those people they visit who are living in social housing. Social housing managers don’t understand it, neighbours don’t understand it and it becomes a crisis point in most tenancies at one point or another. Housing policy doesn’t allow for extended family and the relationships that we have with the extended family, our clans and our tribal history.

For example, if there is a funeral in Wilcannia, there are no motel rooms around so all visiting family members will stay in the tenancies of their relatives. If there are a lot of funerals in Wilcannia over a particular period, there will be a lot of Aboriginal people staying with their relatives and you will see a lot of notices of termination issued for overcrowding. There is no understanding of that cultural difference in public housing policy.

What have been some of your most rewarding moments as an Aboriginal tenants’ advocate?

My most rewarding moments have been when I have been able to save an Aboriginal family from an unjust outcome. When I say unjust, I mean when all of the facts become available and it might be through a Tribunal, that we save a tenancy that was definitely going to be ended because the social housing provider had not really fulfilled what they should have done in trying to sustain a tenancy and have unjustly taken action that they shouldn’t have taken. In terms of an Aboriginal family, I mean a mum and dad and children.

When I walk away from the house, when I know them people are going to have a place to stay and all them little children are not going to be homelessness tonight, that makes me really happy.

What has been your most disappointing moment as an Aboriginal tenants’ advocate?

The most disappointing moment is when good people in social or public housing management don’t do the right thing and allow unjust treatment of our people.

What are some of the key challenges that Murra Mia encounters in advising Aboriginal tenants?

A major challenge is our lack of resources. We only have 5 workers and we cover a geographical area that you could fit France, Belgium, Switzerland, England, Ireland and Wales into.

What is the value of community partnerships and relationships to the outcomes that Murra Mia achieves?

Without community partnerships or working agreements with all involved in housing, Murra Mia would be unable to provide not only advocacy at a basic level but advocacy at a policy and tenancy management level.

Murra Mia highly regard the strong networks, the working partnerships that we have developed over 17 or 18 years with social housing providers, Housing NSW, community housing providers, the Aboriginal housing sector and land councils right across our geographical area. Those partnerships and working networks allow us to advocate for Aboriginal tenants in every part of our working region.

What key development would you like to see in the Aboriginal tenancy sector in the next year?

Housing NSW, the Aboriginal Housing Office, the Aboriginal Tenants Advocacy Services and other associated agencies and NGOs need to work towards developing an in-depth policy document around sustaining Aboriginal tenancies in social and public housing.

What key messages would you like to give to Aboriginal tenants before they first enter into a tenancy agreement?

Keep any documents relating to your tenancy and have them stored in a secure place.

You need to keep your lease, ingoing report and any letters from your landlord. You need to reply to the letters from your landlord. Most of all, you need to keep all documentation and rent receipts.

Try and maintain a positive, secure home.

Any Aboriginal person who gets into a conflict in their tenancy needs to contact their local Aboriginal Tenancy Service. We have got extensive networks and we are highly professional advocates. We are experienced representatives at the Tribunal and through conciliation and mediation with Housing, real estate agents and all landlords.

The TAAS network has the highest reputation and does an incredible job around sustaining tenancies for Aboriginal people in the rental system.

NAIDOC Week 2014

From the TU's Aboriginal Paralegal, John Mewburn:

It is once again that time of the year that the Tenants Union’ of NSW celebrates NAIDOC Week to recognise contributions that Indigenous Australians make to our country and our society.

For those who don’t know, NAIDOC stands for National Aborigines and Islanders Day Observance Committee. This year’s theme is ‘Serving Country: Centenary and Beyond’, honouring all Aboriginal and Torres Strait Islander men and women who have fought in defence of country.

(Artist: Harry Alfred Pitt)

Aboriginal people have been part of every theatre of war from Federation to now. It’s estimated that approximately 500 Indigenous soldiers fought in World War I and 5,000 in World War 2. This was at a time when Indigenous people weren’t considered Australian citizens, they weren’t counted in the census and most couldn’t vote.

Despite the discrimination Aboriginal and Torres Strait Islander soldiers faced, many Indigenous Australians still enlisted to serve their country. This year’s theme is about ensuring the proper recognition for all Indigenous soldiers. In particular highlighting the sacrifices that have been made and the heroics and bravery that has been, and continues to be, displayed.

A couple of months ago Ned reflected on war, Aboriginal country and Australia's development as a property-owning society: read it here.

Happy NAIDOC from the TU's Aboriginal Legal Team

Orient Point is a small town on NSW’s south coast. It is home to some great fishing spots, beaches and places to picnic with a view.

It is also home to the Jerrinja Aboriginal community and has been for many generations since being moved from their traditional lands during invasion. The TU’s Aboriginal Legal Team (ALT) visited the community recently to provide Aboriginal tenants in the area with legal advice and education on the rights of tenants.

Visiting communities such as those at Jerrinja is a small but important part of the role of the ALT. Working in community with the community is the best way to provide legal services to Aboriginal people. Travel to rural and remote communities not only builds client confidence in the service but also assists in the provision of legal services to communities that would otherwise not be noticed by city-based services. Our visit to Orient Point stemmed from a recent trip to Bateman’s Bay to visit the good people at Murra Mia Aboriginal TAAS. Service visits to the 4 Aboriginal TAASs throughout the state keep the ALT abreast of local issues for Aboriginal tenants throughout the state and work to further strengthen the links of the Koori TAAP network.

Alas, not all of our work is carried out in communities. The ALT plays a strong role in the TU’s policy, training and publications teams spreading the word and representing the interests and voice of Aboriginal tenancy services and Aboriginal tenants throughout NSW. We also work to maintaining a celebration of Aboriginal culture and an acknowledgement of Aboriginal people as Australia’s first peoples in our own workplace and beyond.

This week is NAIDOC week and the TU have celebrated in several ways (and we’re not even half way there!) The TU held a NAIDOC barbeque on Monday afternoon and celebrated with our neighbouring TAAP services (Inner Sydney TAAS and the Greater Sydney Aboriginal Tenants Service) and advice line volunteers.

We also attended the GSATS NAIDOC morning tea on Tuesday and enjoyed a morning tea and dance performance by the Wandabaa Gabinya dancers at the TAAS Network Meeting today.

We hope that reading this gets you in the mood to attend NAIDOC celebrations in your local community. Happy NAIDOC everyone.

NAIDOC Week – A time for reflection

This year The Brown Couch celebrates NAIDOC week with a guest post from the TU's Aboriginal Legal Officer, Gemma McKinnon.

Gemma is not long returned from the World Indigenous Housing Conference in Vancouver, Canada.

NAIDOC Week – A time for reflection

Chief Clarence Louie is the Chief of the Osoyoos Indian Band, which honours the hard working, self supporting lifestyle of the ancestors of the Okanagan First Nation people, who have lived in the region from time immemorial. The Osoyoos Indian Band have developed their own economy through business initiatives under the leadership of their Chief. Chief Louie holds strong in his opinions and while you might not fully concur with him, the proof is in the pudding when it comes to the Osoyoos Indian Band. Under Chief Louie’s motto of “creating jobs and making money” the Band has established a successful winery, resort, golf course and construction business to name a few.

Chief Clarence Louie - creating jobs and making money

This is just one example of many discussed at the World Indigenous Housing Conference in Vancouver, Canada last month. The theme of the conference was “Sharing our stories, sharing our successes” and although not all of the stories were those of success, and not all were on the same scale as the story of the Osoyoos Indian Band, the stories told made two things clear: When it comes to housing, Indigenous people in Canada, Australia, New Zealand and the United States face many of the same challenges, and, the common thread between all the stories of success, is ownership by local Indigenous communities. The evidence suggests that a solution developed and executed by Indigenous people, for Indigenous people is more likely to succeed than those provided by non-Indigenous people.

A step as simple as replacing the word “rent” with “loss recovery” in the context of Aboriginal housing, can institute change in a community; a change that would have no practical implications for housing providers but may result in a decrease in arrears and subsequently, less terminations and turmoil within Aboriginal community housing. After all, it surely cannot sit right with many on either side, to have tenants pay rent to live on land that has been inhabited and cared for by Aboriginal people for thousands of years. It’s unsurprising that when a government employee asks an Aboriginal person to pay their rent, such a tenant may be inclined to ask for the rent they’ve been owed since 1788 before handing over a good portion of the little money that they might have.

With NAIDOC week upon us, it’s time to stop and consider the state of Aboriginal housing in this country. Are the circumstances in which many Aboriginal and Torres Strait Islander people in this country are living, adequate to house the original inhabitants of the land on which all Australians live and from which our government and its most wealthy citizens have derived their fortunes? Perhaps the time has come for those who have gained so much from the land that Aboriginal people continue to treasure as their mother and lifesource, to pay at least a small amount of their owed rent by supporting and providing for a small step toward self determination for the Indigenous peoples of Australia. By allowing Aboriginal people access to the rights outlined in Article 23 of the UN Declaration on the rights of Indigenous Peoples:

“Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.”

 Jenny Macklin - Federal Minister for Indigenous Affairs

In Vancouver, Minister Jenny Macklin stated:

“In modern Australia, it’s not acceptable that children live without running water, clean kitchens and good sanitation.
It’s not acceptable that children live in overcrowded houses, where they can’t get a good night’s sleep or do their homework in a quiet space.
It’s not acceptable – but for too many, this is the reality.”

The lesson seems to be clear, that not only is it the right of Indigenous peoples to determine and develop priorities and strategies for exercising their right to development in housing, it is also what is working for many Indigenous groups throughout the world. If the government acknowledges that the state of Aboriginal housing in this country is unacceptable then action like the passing of the Stronger Futures legislation last week was a clear step in the opposite direction to what the UN, and Aboriginal people in Australia have called for, and until the Australian government moves away from their paternalistic policies, the state of Aboriginal housing in Australia is unlikely to change.

NAIDOC Week 2011

It's NAIDOC Week!


Originally named for the National Aborigines and Islanders Day Observance Committee, it was found that there was too much in our indigenous cultures worth celebrating to fit into a single day – hence NAIDOC Week.

We've noted previously how most Aboriginal households rent. Many of these households will find little about their housing to celebrate – but here's something worth celebrating: the excellent work of the NSW Aboriginal Tenants Advice and Advocacy Services.

Between them, these four services cover all of New South Wales, so each of them serves a large number of people, over large – in some cases, huge – geographic areas. The good workers at these services sometimes drive for a day to attend a Tribunal hearing for a client. And when they're not in the car, they're on the phone giving information and advice to Aboriginal tenants, or they're out in their communities, educating tenants about their rights, and practicing a quiet, insistent diplomacy with Aboriginal Housing providers to get them to lift their game.

Koori tenants advocates: good on you, and happy NAIDOC Week.