A WOMAN facing eviction and homelessness after a unit fire has been given a reprieve.
The 43-year-old woman was living in a block of units in Windale earlier this year when she set fire to the rented premises, causing extensive damage.
After and on the day of the fire, however, she was admitted as an involuntary patient at the Hunter New England Mater Mental Health Service where she stayed for two weeks.
In the lead up to the incident, the woman had been homeless for about two years, during which time she was not allowed to see her son, was involved in court proceedings, received a cancer diagnosis and had been admitted to hospital for drug-induced psychosis.
Details contained in a Civil and Administrative Tribunal judgement reveal that whilst homeless, she slept overnight on the streets for about a month, was assaulted and robbed, and felt physically at risk as a woman sleeping on the street.
About 11.30am on the morning of April 1, she set fire to her ground floor unit using toilet rolls on her bed. Once admitted to hospital, she gave staff varying reasons as to why she lit the fire including that she needed to get help for her dog from the RSPCA, and to burn an alleged paedophile living in the unit above hers.
She had since been diagnosed with depression, bi-polar disorder and complex Post Traumatic Stress Disorder, the tribunal was told. Since the fire she had the support of Baptist Care at Windale, Hunter Primary Care, and funded supports through the National Disability Insurance Scheme (NDIS), including a Support Coordinator.
Her Support Coordinator said having continued access to permanent accommodation was "paramount" to her success in engaging and managing those supports.
Her solicitor submitted that if her tenancy was terminated she would be classified as an ineligible former social housing tenant and be precluded from accessing social housing.
Since July, she was also being supported by Awabakal to develop daily living skills with support to pay bills and engage with mainstream services.
Her housing provider, Compass Housing, sought a termination order alleging she had intentionally or recklessly caused serious damage to the premises but the tribunal found on appeal that her state of mind at the time of the fire meant she "could not have intentionally or recklessly done anything".
While she was likely to become homeless if the termination was granted, and wind up living on the street where she would risk being robbed and assaulted, the chances of her lighting a future fire if she stayed were 'remote', the tribunal found.
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