Case 53: Man with a disability protected from eviction

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A Victorian Department attempted to evict a man who used a wheelchair from his home. In addition to his physical disability, the man had a mental illness and spoke limited English. The Department sought to evict him based on information gathered from police as to a drug-related allegation against the man. However, police had not charged the man with any offence. Fitzroy Legal Service assisted the man to argue that his rights under the Charter were not being properly considered and in particular that the Department was acting contrary to the presumption of innocence and without procedural fairness. The arguments led to a successful settlement of the matter; the man was relocated to alternative accommodation.

Source: Fitzroy Legal Service, Submission for Review of the Victorian Charter, 2011