The PILCH Homeless Persons’ Legal Clinic provides free targeted legal, education and advocacy services to over 700 homeless Victorians each year.  Legal services are provided by pro bono lawyers at 13 crisis shelters, food programs and welfare agencies around Victoria on a weekly basis.  The PILCH Homeless Persons’ Legal Clinic also plays a leading role in national and state- based law reform and public policy activities, which are primarily focussed on promoting and protecting the right to housing and other fundamental human rights of people experiencing or at risk of homelessness.  In 2005 the Clinic was conferred with the National Human Rights Award in recognition of its work in promoting and protecting the rights of those that are marginalised and disadvantaged.

 The Homelessness and Human Rights Bulletin seeks to provide updates on programs and events, campaigns and advocacy, publications, research and international news in the area of homelessness and human rights. The Homelessness & Human Rights Bulletin is a must-read for people around Australia who are interested in:

• approaching homelessness in Australia as a human rights issue;
• using human rights and other rights/legal strategies to support people experiencing homelessness; and
• sharing information and collaborating in local, regional, state and territory-wide, and national initiatives that promote a rights-based approach to homelessness.

The Bulletin is intended to be a national publication. If you would like to contribute please email  hplc@pilch.org.au.

By Caroline Adler, Manager/Principal Solicitor, PILCH Homeless Persons' Legal Clinic

On the Sunday before Christmas, the Federal government launched its White Paper in Homelessness – The Road Home; A national approach to reducing homelessness. The White Paper is the most progressive step taken by an Australian government to tackle the issue of homelessness in decades. Unfortunately, however, the White Paper does not go far enough to promote and protect the human rights of people experiencing homelessness.

There is much to praise in this bold and ambitious policy document. The Federal government has committed to a set of headline goals to halve overall homelessness, and offer accommodation to all rough sleepers who need it by 2020 along with interim targets to achieve them. A $6.1 billion investment of funds, including a boost in funding for legal services for people experiencing homelessness, will underpin the roll out of the government’s plan.

Significantly, the government has also flagged its intention to work with the States to review certain legislation that impacts on homeless people in a negative and disproportionate way. Residential tenancy database, tenancy and voting regulations are three areas specifically cited in the White Paper. Finally, the government has flagged the creation of overarching legislation that guarantees that people who are homeless are treated with dignity and respect and receive quality services. These are all promising signs.
                                                          
There remain, however, significant gaps in the Federal government response to homelessness. While the Government’s promise to review tenancy related legislation is encouraging it must ensure that action is taken in relation to the full gamut of legislation impacting negatively on the lives of people experiencing homelessness – including public space, social security, and equal opportunity laws.

Perhaps most disappointingly, in its White Paper the government has failed to take the most fundamental step – to characterize homelessness as a human rights issue. Homelessness is a profound form of social exclusion. It is also a violation of human rights and a failure of government responsibility. Any effective national response to homelessness and social exclusion must focus on human rights and should not be contingent on political leadership and good will. The human rights of homeless people and the responsibility of government to address homelessness must be enshrined in legislation. In its submission to the White Paper, the PILCH Homeless Persons’ Legal Clinic called for any new Homelessness Act to include an enforceable right to housing. We also argued for the introduction of a Federal Charter of Rights to ensure broader human rights protection for homeless people.

The Federal government has taken the first step towards adopting a human rights approach by committing to goals, benchmarks and performance measures. It must now take the next step and commit to human rights, including the right to adequate housing, to law.

The PILCH Homeless Persons’ Legal Clinic submission to the Federal government’s White Paper can be found at  http://www.pilch.org.au/white_paper/.

The HPLC, along with its counterparts in other States, will use the White Paper to inform its law reform and advocacy activities for 2009.

In August 2008 the Student Housing Action Cooperative ‘SHAC’ took possession of University of Melbourne premises on Faraday Street, Carlton, Victoria. It was a political act which coincided with the recent Federal government statement that everyone is – or should be – concerned about homelessness. It was also a pragmatic act which briefly solved the housing instability of a handful of Melbourne University’s 220 homeless students.

During SHAC’s possession of the Faraday Street premises, the cooperative seized the opportunity to articulate their human rights concerns as well as the problem of student homelessness and housing stress. SHAC also developed a detailed proposal in response to these issues, including long term and increased low income and supportive housing for disadvantaged students.

Early in 2009, the Supreme Court made orders entitling the University to evict SHAC members from the premises. On 14 January 2025 the police attended the premises and removed the students without incident. Following the eviction, SHAC members made comments to the media suggesting that the cooperative is now searching for fresh premises to occupy.

 The Age Opinion , Wanted: A place to call home, by HPLC Lawyer Chris Povey, 11 January 2009.

 Student Housing Action Cooperative Blogpage

UPDATE: National Human Rights Consultation

The National Human Rights Consultation, announced by the Attorney-General on 10 December 2008, gives individuals and community organisations the opportunity to have a say about the protection of fundamental values such as freedom, respect, equality, dignity and a fair go.

The Federal government has appointed a Committee, chaired by Father Frank Brennan, to undertake the Australia-wide community consultation.  The Committee will engage with a diverse range of individuals and communities by holding roundtable discussions at a broad variety of places around Australia. 

Key questions up for discussion are:

• Which human rights and responsibilities should be protected and promoted?
• Are human rights sufficiently protected and promoted?
• How could Australia better protect and promote human rights?

These community roundtable discussions are likely to begin in February 2009.  For more information, check the ‘calendar of events’ available at  www.humanrightsconsultation.gov.au.

During February and March 2009, the HPLC, along with its counterparts in other States, will consult with people experiencing or at risk of homelessness about human rights in Australia.  The purpose of these consultations is to ensure that people experiencing or at risk of homelessness are adequately represented in the national consultation process and have a voice in the debate about the need to improve human rights protections for all people in Australia.  For more information, go to  www.pilch.org.au/hplc.

Individuals and community organisations can also make written submissions to the Committee by 29 May 2009.  The Committee has been asked to report back to the Federal government by 31 July 2024 about the consultation process, the issues raised and the options identified for improving human rights protections in Australia.

A fine win for homeless people

In early 2006, the NSW Homeless Persons’ Legal Service (HPLS) released a report, 'Not such a Fine Thing!', detailing the disproportionate impact of the on-the-spot fines system in New South Wales on disadvantaged groups including homeless people.  Drawing on the casework experience of the Homeless Persons’ Legal Service and other community-based organisations, the report highlighted the greater likelihood of homeless people to receive fines and the significant difficulties they experience negotiating the fines-enforcement system.

In December 2008, two years after the release of Not such a Fine Thing!, the NSW Government made a number of amendments to the Fines Act 1996 (NSW) that reflect many of the recommendations made in the report and those raised by HPLS in subsequent meetings with the NSW Attorney General’s department.

The NSW Government’s reforms to the on-the-spot fines system should make a significant difference for people who are homeless and others who are disadvantaged. For example, the reforms enable an individual who has a mental illness, intellectual disability, cognitive impairment, or who is homeless, to apply to the fine-issuing agency or the State Debt Recovery Office to have their fine waived. The changes to the Fines Act 1996 (NSW) also allow individuals falling into one of these categories to apply to be part of a program that allows them to ‘pay off’ their fines in other than money, that is, through work with a charity, or participation in approved medical or mental health treatment programs, without the negative consequences that attach to a failure to complete a court-ordered Community Service Order.

 For more information contact Chris Hartley on  02 8898 6510 or by e-mail to  chris@piac.asn.au.

 NSW Homeless Persons' Legal Service

 NSW Homeless Persons' Legal Service, Report: Not Such a Fine Thing!, 2006

 Fines Further Amendment Bill, Second reading speech, Parliament of New South Wales.

 Fines Further Amendment Act

 NSW Sentencing Council Report- The Effectiveness of Fines as a Sentencing Option: Court-imposed fines and penalty notices

SARC Equal Opportunity Review (VIC)
The Victorian Scrutiny of Acts and Regulations Committee is undertaking a review of the Exceptions and Exemptions in the Equal Opportunity Act 1995 (Vic) to determine whether any amendments should be made to this regime.  This inquiry follows on from the review of the Exceptions to and Exemptions from the Equal Opportunity Act 1995 (Vic) conducted by the Victorian Department of Justice in April 2008.  

For more information:  Scrutiny of Acts and Regulations Committee - Exceptions and Exemptions to the Equal Opportunity Act 1995

Amended Health (Prescribed Accommodation) Regulations 2001
The Victorian government recently amended the Health (Prescribed Accommodation) Regulations 2001 (Vic)  to align the definition or a rooming house under the regulations with that contained in the Residential Tenancies Act 1997(Vic).  This has the effect of reducing the threshold for coverage under the regulations to rooming houses accommodating four or more people (previously set at six or more). 

It is hoped that these changes will improve the regulation of rooming houses and enhance protections for vulnerable Victorians residing in rooming houses.  Specifically, the regulations will increase the coverage of the regulations for rooming houses so that more rooming houses are registered, monitored and subject to health and safety standards. 

For more information:
 Department of Human Services, Office of Housing, Changes to the Health (Prescribed Accommodation) Regulations 2001 

Media release: Minister of Housing, Tighter regulations to benefit rooming house residents, 18 December 2024

 HPLC Submissions at:  http://www.pilch.org.au/Rooming_Houses/

Comment sought on Uniform Spent Convictions Bill

The Standing Committee of Attorneys-General (SCAG) recently sought input on uniform national legislation governing the circumstances in which certain criminal convictions may be disregarded after a period of good behaviour. Further to this process, the Department of Justice released a consultation paper and draft Spent Convictions Bill 2008 and requested comment by 27 January 2009.

The draft Bill defines the categories of offences that may be ‘spent’ (ie disregarded) as an adult offence for which either

(a) a sentence of imprisonment was not imposed; or

(b) involved a sentence of 12 months or less.

Different provisions apply in relation to juvenile offenders. This consultation program and review process is an important aspect of addressing the negative social and economic consequences that stem from discrimination experienced by people with criminal records.

For more information: 

 Victorian Department of Justice announcement, Public Discussion on Spent Convictions, 24 November 2024

 Draft Spent Convictions Bill Consultation Paper

Comment sought on Mental Health Act Review, VIC

In light of the prevalence of mental health issues amongst people experiencing homelessness the recent release by the Victorian government of a consultation paper seeking input on the Mental Health Act 1986 (Vic), is a welcome development. The consultation paper notes that ‘recent policy and human rights developments have created the impetus for this review of the Act’.

This is an important review in light of arecent Report prepared by the Victorian Mental Health Legal Centre entitled “Lacking Insight” which addresses human rights concerns in relation to compulsory medical treatment of people with mental health issues. Tina Minkowitz, who wrote the Report’s Foreword, was involved in drafting and negotiating the United Nations Convention on the Rights of Persons with Disabilities (‘the Convention’).  In the Foreword she states that ‘laws that permit forced psychiatric interventions and involuntary commitment facilitate practices that may constitute torture or ill-treatment, potentially incurring state responsibility for these serious human rights violations’.

For more information:
  Department of Premier and Cabinet Press Release,  Comment sought on Mental Health Act Review, 9 December 2024

 Consulation paper,  Review of the Mental Health Act 1986, December 2008

 United Nations Convention on the Rights of Persons with Disabilities (full text)

 Radio National Transcript,  Law Report: 'Lacking Insight', 9 December 2024

 Contact the Mental Health Legal Centre  mental_health_vic@clc.net.au for a copy of “Lacking Insight” (Report prepared by the Mental Health Legal Centre)

Integrated service provision in South Australia, by Bill Manallack (Coordinator, Housing Legal Clinic)

It is not uncommon at the Housing Legal Clinic in Adelaide for a person experiencing homelessness to have access to a lawyer, a housing worker, a social worker and a financial counsellor, all in the one visit.  

On one occasion John, not his real name, was in a high state of anxiety when he presented at a legal clinic at one of our host organisations.  He said he just needed to sit and talk to someone to calm himself down.  A social work student at the centre sat with him for 15 minutes.  He was feeling physically unwell so before his session with the lawyers he was able to be seen by the visiting doctor at the centre.  He had a court appearance at the end of the week.  The lawyers advised him on this and arranged for support to be provided on the day of the hearing.  He needed a bus ticket to travel to court, plus clean clothes to look presentable.  These were provided by the Centre and John was able to attend court as required.  Had any one of these assists not been provided, John’s visit to the Legal Clinic could well have come to nothing.

This innovative team approach finds solutions to complex issues.  We are able to collaborate by supplying joined-up, integrated services to individual clients.  That is what access to justice is all about and where human rights for seriously marginalised people kick in.

Everyday People Everyday Rights – Human Rights Conference 2009 

Hosted by the Victorian Equal Opportunity & Human Rights Commission, the 2009 Human Rights Conference will present an exciting opportunity to hear from respected human rights advocates; engage in lively panel discussions; and be part of the latest discussion on protecting human rights.

 For more information go to http://www.humanrightsconference.com.au/.

AHURI Seminar - Transforming affordable rental housing: Thoughts from the UK and Australia

A stimulating discussion on the opportunities for growth and development in the not-for-profit rental housing sector, led by visiting international speaker Mr Michael Newey.
Date:  29 January 2009 
Time:  17:00 - 19:00 
Location:  Hilton on the Park, 192 Wellington Parade, East Melbourne 

Click here for more information and registration.

New South Wales Homelessness and low-cost rental accommodation Inquiry

This Inquiry was established by the NSW Legislative Council on 3 December 2024 to inquire into and report on policies and programs outside of mainstream public housing that are being implemented both within Australia and internationally to reduce homelessness and facilitate low-cost rental accommodation. The terms of reference for the inquiry were referred by the Minister for Housing, the Hon David Borger MP. The closing date for submissions is Friday, 6 March 2009.

 For more information go to the Parliament of NSW Website.

Review of Queensland's police move-on powers

The Queensland Crime and Misconduct Commission has made an invitation for public comment on the use of powers by Queensland's Police under the Police Powers and Responsibilities Act 2000 (Qld).

The review will consider:

• the use of move-on powers by Queensland police — when and where they are used and who they are used against;
• how people who fail to obey a move-on direction are dealt with by police; and
• positive or negative consequences of the use of move-on powers in Queensland.

For more information, see the Review of Queensland's police move-on powers information page.

Employment Opportunity - General Manager of Operations, STREAT

STREAT is a new social enterprise providing homeless and disadvantaged youth with a pathway to long-term employment in the hospitality industry. The organisation has three main functions: provision of holistic social support to local homeless youth, provision of vocational training in hospitality to the youth, and management of a social enterprise café business providing work experience for the youth and generating income for the overall enterprise.

Whilst this newly created role represents a tremendous opportunity for a motivated and experienced manager to take the lead and help develop this new organisation, a real opportunity also lies in contributing substantially to the lives of youth in need.

Homelessness Law and Advocacy Resource Manual

The PILCH Homeless Persons’ Legal Clinic recently launched its Homelessness Law and Advocacy Resource Manual (Manual).  The Manual an online ‘one-stop shop’ that provides targeted and practical legal information and assistance to community lawyers and non-legal practitioners such as financial counsellors who work with people experiencing homelessness. 

It covers off on legal topics including:

• human rights and the Victorian Charter
• fines & infringements
• housing & tenancy
• social security
• discrimination
• credit & debt
• victims of crime

The Manual can be downloaded by single chapter and also contains a range of precedent letters and forms for the different areas of law. 

The HLARM is available to the public on the PILCH website at  www.pilch/hlarm.

Visible and Vocal

Visible and Vocal is a Youthlaw booklet about the legal needs and legal issues facing young women. The booklet will be useful to lawyers, legal services and youth services and schools who work with and assist young women.

• PILCH Homeless Persons’ Legal Clinic, Victoria
• Australian Human Rights Commission: Housing, homelessness and human rights webpage
• Australian Lawyers for Human Rights
• Centre on Housing Rights and Evictions
• Council to Homeless Persons, Victoria 
• Homeless Persons’ Legal Service, NSW
• Homelessness Australia
• Homelessness Clearing House
• Housing Legal Clinic, South Australia
• Human Rights Law Resource Centre 
• National Coalition for the Homeless, USA
• National Homelessness Information Clearinghouse
• National Law Centre on Homelessness and Poverty
• National Policy and Advocacy Council on Homelessness, USA 
• NT Shelter
• QPILCH Homeless Persons’ Legal Clinic, Queensland
• Shelter Scotland, UK
• Shopfront Legal Service, NSW
• UN Special Rapporteur on the Right to Adequate Housing
• Urban Justice  Centre, USA
•  Youthlaw, Victoria

Who is on the List?
People on the list include Australian community workers, lawyers, journalists, academics, people who have experienced homelessness, and homelessness government and policy workers.

Who are the List Convenors?

The List Convenor is:

Caroline Adler

Manager/Principal Solicitor

PILCH Homeless Persons Legal Clinic



PO Box 16013

Melbourne 8007
hplc@pilch.org.au

Phone: (03) 8636 4408 
Fax: (03) 8636 4455

To JOIN the list visit www.pilch.org.au/subscribe

Will my email details be released?

Not without your express permission. Only the List Convenors have access to subscriber details.