Case 80: Eviction of family prevented using fair hearing and other arguments

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The Director of Housing applied to evict a family living in public housing. The application was based upon alleged breaches of a compliance order. Eviction would have had serious negative effects on the family, including a risk of homelessness. The Homeless Persons’ Legal Clinic requested evidence of the breaches from the Director of Housing but they refused, stating that it would be provided at the hearing. Consequently, the clinic argued at the hearing that the Director had breached the family’s right to a fair hearing under the Charter by failing to provide the evidence. Further, they argued that the Director had not considered the family’s right to privacy and reputation and the protection of families and children under the Charter when applying for the order. The tribunal adjourned the hearing until the evidence was produced. The Director withdrew the application for possession and agreed to negotiate with the family to determine a more appropriate solution.

Source: Homeless Persons’ Legal Clinic, Submission to the Review of the Victorian Charter, 2011