Case 81: Eviction of parents and newborn twins prevented

Photo by Leonid Andronov on iStock

A refugee from Somalia was unable to attend a bail hearing due to the birth of his twin daughters. The man suffered from a serious drug dependency and the hearing was in relation to drug related offences. As a consequence of these events, he had to serve a one month prison sentence. While in prison, he was sent a notice of hearing as the Director of Housing had applied to evict him and his family from their house. He did not receive the notice nor attend the hearing and consequently the Director of Housing set a date to evict the family in two months. The man tried to explain his situation to the Office of Housing and was referred to a support program worker. The Homeless Persons’ Legal Clinic represented the family at the tribunal hearing and argued that the Director of Housing had failed to properly consider the family’s rights under the Charter and that its actions were breaching their rights. An agreement was reached setting aside the possession order and for the family to pay a lump sum and rent on an ongoing basis.

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