Case study B.

Jack lived in a public housing property for 5 years. In July 2020, he reported being a victim of family violence to the police. They advised him to vacate the property immediately due to concerns about his safety. After Jack vacated the property, his violent ex-partner Ben damaged the front door and window. The police were called to the property at the time and an incident report was prepared. The police interviewed the ex-partner. Jacks record with the public housing office shows that Jack was under physical threat from his ex-partner in the months leading up to him leaving the property. Jack is now living in temporary accommodation at an undisclosed location.

In August 2020, a housing officer from a state government department of public housing was working on Jacks file and recorded that the property had been vacated. A home visit by the housing officer confirmed that the property was abandoned and that the front window and door were damaged. One week later the department of public housing generated a maintenance claim against Jack and he was sent a notice to pay the cost of repairing the window and door to the value of $3,000.

The housing officers case file for Jack shows that no attempt was made to contact Jack to discuss the circumstances surrounding the repairs. This is despite Jack keeping the public housing department up-to-date regarding his whereabouts. Jack maintained the same mobile phone number as when he was residing at the property.

There was no evidence on file that the housing officer considered Jacks circumstances as a victim of family violence. There is a note on file: Jack is in a same-sex relationship. He must be lying about experiencing domestic violence only women can experience this kind of violence in the home.

The public housing department policy in relation to maintenance claims states that:

Special circumstances such as the mental or physical health of the tenant, indications of family violence, or evidence of third party criminal damage must be taken into account when assessing a maintenance claim. These circumstances can reduce the claim or defeat the claim. Housing officers are expected to engage with the tenant directly before determining any liability for damage to the property.

Jacks file with the department of public housing is marked debt owed and property damaged by the client. Jacks recent application for new public housing has been rejected by a housing officer based on this mark. The housing officer has advised Jack that he can apply to have this decision reviewed by the department.

5. What type of review has Jack requested? (2 marks)