Homelessness in Victoria has lead to a sharp increase in the number of people being forced to live in their cars. Despite the $72 million that the Victorian government recently committed to improving rooming house standards, many clients of the PILCH Homeless Persons' Legal Clinic prefer to sleep in cars as they feel that rooming houses are unsafe

Recently the Yarra Ranges Shire Council proposed a new by-law which would prohibit people from living in a caravan, vehicle, tent or similar structure without a permit. The HPLC and the Council to Homeless Persons (CHP) objected to this proposed by-law, as it would essentially criminalise homelessness in the shire.

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^{- Emma Heggie, PILCH intern
A full copy of the HPLC submission is available online.}

Summer is almost over, which means that a new year is well and truly underway.  It is shaping up to be another big year for PILCH, with a number of exciting activities, projects and events being planned.

We will be working hard on our sharpened law reform and policy work.  PILCH’s campaign priorities for 2011 – 2014 are: 

• access to the justice system
  • encouraging corporate and government pro bono practice
  • pursuing the adoption of protective costs orders in public interest matters
• homelessness
  • improving the way the infringements system deals with disadvantaged people
  • helping secure the tenancies of people at risk of eviction from public housing
• human rights framework
  • supporting domestic protection of human rights, including the Victorian Charter of Human Rights and Responsibilities and the federal Human Rights Framework
  • strengthening federal and state equality laws
• supporting community organisations
  • advocating for the establishment of a ‘one-stop-shop’ independent national regulator and a modernised definition of “charity”
  • seeking to improve the regime for Victoria’s non-profit associations

You can find out more about our focus areas by checking out our Campaign Platform, available on our website.

We have seen an increase in requests for assistance from the gay, lesbian, bisexual, transgender and intersex (GLBTI) community and have made a number of referrals to our member law firms.  We are continuing to work on the best way to meet the needs of this community, in collaboration with the Federation of Community Legal Centres and {also}, an organisation which works to enhance the lives of the GLBTIQ community.   

We’re working hard to establish meaningful ways to measure the impact of our work for our clients and its contribution to larger social outcomes.  With the help of Emma Pritchard, on secondment from World Vision Australia’s program effectiveness team, we are developing measures that will help ensure that our programs and the pro bono cases we refer have maximum impact and make the best use of the available resources. 

Planning is underway for the Annual Human Rights Dinner, co-hosted with the Human Rights Law Resource Centre.  Stay tuned for further details - it will be in late May and will involve engaging speakers and a fantastic opportunity to network with the who’s who of the human rights and public interest community.  And our Law and Social Change Dialogue will return in the second half of the year, to continue to expand thinking about the role of law and lawyers in bringing about change. 

And of course, we will continue to respond to thousands of calls for pro bono help, and, through pro bono referrals, our clinics staffed by pro bono lawyers and PilchConnect, help hundreds of marginalised and disadvantaged people - and the community organisations that support them - access legal advice and representation. 

We look forward to working with you all this year.

National Legal Profession Reform
PILCH recently engaged in successful advocacy to the Council of Australian Government’s National Legal Profession Reform. Following submissions from PILCH and other parties, the Reform Taskforce has provided revised draft laws to COAG that now include the right for all lawyers to engage in pro bono practice. Currently, corporate and government lawyers are largely constrained from pro bono legal practice due to restrictions on their practicing certificates. The initial draft laws continued these restrictions. COAG and the States and Territories are now considering implementation of the amended draft laws. The submission PILCH made to COAG’s National Legal Profession Reform is available online.

Forum on Aid/Watch: Implications of the High Court decision for the not-for-profit sector
The University of Melbourne's Not-for-Profit Project, in conjunction with PilchConnect and Changemakers Australia, hosted a successful legal forum on on the implications of the High Court's recent decision in Aid/Watch Incorporated v Commissioner of Taxation (1 December 2024). Held at the Melbourne Law School on 10 February, the event was attended by over 100 people. Speakers included Associate Professor James Goodman (from Aid/Watch), Elizabeth O'Shea (Maurice Blackburn), Libby Klein (Moores Legal), Associate Professors Ann O'Connell and Matthew Harding (Melbourne Law School), Alexandra Richards QC, Alice Macdougall (Freehills) and Esther Abrams (Changemakers). The event was a great success, with the wide range of speakers and participants articulating a diversity of views and perspectives on the history, scope, and implications of this important High Court decision.

Seniors Rights Legal Clinic (SRLC) Induction Training - 24 February 2025
The first in a series of monthly induction training sessions, held by the SRLC, for new and existing SRLC lawyers. The training is free, available to community lawyers and covers areas of substantive law, as well as information on other non-legal issues to assist lawyers engage with clients. The first session will provide an overview of Seniors Rights Victoria and the SRLC and will cover dealing with older clients. Details are available here. Save the date for upcoming sessions on 24 March and 21 April. Details will available on the PILCH website closer to each date.

Navigating the Maze - an introduction to legal issues for not-for-profit community groups
PilchConnect will present its first not-for-profit seminar in 2011, ‘Navigating the Maze: an introduction to legal issues for not-for-profit groups', on Wednesday 23 February. This ‘back to basics' training has been developed by PilchConnect and is particularly aimed to new and recently-established community groups. The session, generously hosted at the Melbourne Law School University of Melbourne, will present a basic overview of legal issues including getting an organisation started, incorporation, duties of the board or committee, risk management and insurance.
Date: Wednesday, 23 February 2011. More information here.

Legal issues in managing volunteers
PilchConnect's second not-for-profit seminar in 2011 is a new full-day training program to help NFP organisations manage their volunteers. Developed by PilchConnect lawyer Liz Morgan, this seminar is designed around the ‘lifecycle' of an organisation's relationship with its volunteers. The seminar will address a range of legal issues around the volunteering relationship, including key legal risks at each stage of the lifecycle. The seminar will also provide simple procedures and tools to minimse or avoid risks, and assist in the development of best practice approaches for volunteer-involving NFPs.
Date: Wednesday 16 March 2011.More information here.

Regional training in partnership with VCOSS
PilchConnect is delighted to be working in partnership with the Victorian Council of Social Service (VCOSS) again in 2011 to deliver a rural and regional training program on the roles and responsibilities of committee and board members of not-for-profit organisations. PilchConnect will deliver training sessions in a variety of locations, including Taralgon, Melbourne, Ballarat, Wangaratta and Mildura. More information here. 

Submission to the Standing Committee on Legal and Constitutional Affairs’ Inquiry into the Australian Law Reform Commission
The submission addressed terms of reference on the role of the ALRC, the adequacy of its staffing and resources, and the appropriate allocation of functions between the ALRC and other statutory agencies. Read the submission. 

Submission to ASIC Consultation Paper on Related Party Transactions (2010)
PilchConnect's submission to ASIC on related party transactions focused on the inconsistent application of the provisions regarding the disclosure of related party transactions for companies limited by guarantee (CLGs). This inconsistency arises from the fact that the rules regarding disclosure of related party transactions are applied differently to CLGs, depending on whether they hold a name licence or not. CLGs which have been granted a name licence are exempt from the related party transaction provisions under the Act. For details of our recommendations see the link below. Read more.

PilchConnect's submission to the Federal Governments consultation paper on a new national NFP regulator
PilchConnect is currently preparing a submission to the Federal Government's consultation paper on the scoping study for a new national NFP regulator. Following numerous inquiries, the Government has called for comments on the goals of national regulation, the scope of national regulation, and the functions and form of a national regulator. Full details of the consultation paper can be found here.

The consultation paper provides a valuable opportunity for the sector to directly influence the future of a ‘one-stop shop' not-for-profit regulator for incorporation, fundraising and charitable endorsement. PilchConnect's response, which will reiterate views expressed in previous submissions, including the 2010 Productivity Commission study into the contributions of the NFP sector and the 2008 Commonwealth Senate Disclosure regimes inquiry, strongly recommends the establishment of an independent national regulator to reduce the compliance burden for all not-for-profit organisations and enhance the transparency and accountability of NFP organisations.

Improving representation and participation: Submission in response to the exposure draft of the Mental Health Bill 2010
The HPLC's submission focused on specific provisions in the draft Mental Health Bill 2010 which relate to the proposed Mental Health Tribunal and processes to increase fairness and access to justice by people subject to involuntary treatment. The HPLC submitted that the Draft Bill appears to be overly concerned with the issue of access to information rather than facilitating genuine participation in mental health proceedings by mental health consumers. The HPLC submission provided practical suggestions for allowing genuine participation, including ensuring that consumers can access advice and representation before the Tribunal. Read the submission.

Submission to the Yarra Ranges Council objecting to the introduction of the General Provisions Local Law 2010
The HPLC and the Council to Homeless Persons (CHP) wrote to object to the introduction of clause 8 of the General Provisions Local Law 2010. The HPLC and CHP were concerned that the proposed by-law will criminalise homelessness in the Yarra Ranges municipality, and that the Council should focus on addressing the causes and effects of homelessness rather than punishing people who are homeless. Following this submission, the Council voted unanimously to defer the local law to give officers time to draft administrative guidelines and review the words of the local law so it wouldn't impact on people experiencing homeless. Read the submission.

Submission to Senate Legal and Constitutional Committee on Civil Dispute Resolution Bill 2010
The HPLC and the Human Rights Law Resource Centre (HRLRC) made a joint submission to the Senate Legal and Constitutional Affairs Committee on the Civil Dispute Resolution Bill 2010.   The Bill contains important measures for encouraging the focused identification of issues in dispute between parties and, in turn, the early resolution of disputes and potential avoidance of costly litigation.  However, while these are important purposes, they must be balanced against an individual’s access to justice and right to a fair hearing. Read the submission and testimony from HPLC Senior Lawyer Chris Povey.

A Tasmanian Charter of Human Rights will protect the rights of homeless Tasmanians
The HPLC and Homelessness Australia wrote to the Tasmanian Government to commend the introduction of a charter of human rights and responsibilities (Charter) for Tasmania. The submission endorsed the HRLRC’s submission, and went on to identify the benefits that a Charter will bring to Tasmanians who are homeless or at risk of homelessness. Our comments were based on our experience working with people who are homeless in jurisdictions that have Charters, and have seen the real and meaningful benefits of these instruments. Read the submission.

Women's Experiences of Prisons, Drug-related Offending and Homelessness (2010) 23(10) Parity 47. HPLC Homeless Persons' Liaison Officer Renee Sinclair and PILCH secondee solicitor Michelle Batsas discuss the relationship between imprisonment and insecure housing for women, noting that suitable post-release housing is crucial to a successful integration for exprisoners and is an important factor in limiting recidivism.

HPLC responds to mischievous Charter criticism PILCH website 17 December 2010. HPLC manager James Farrell responds to criticisms of the Victorian Charter of Human Rights and Responsibilities published in The Australian. Read the article

When will Eviction from Social Housing Breach Human Rights? (2010) 56 Human Rights Law Resource Centre Bulletin 14. A casenote prepared by HPLC manager James Farrell on Canberra Fathers and Children Services Inc v Michael Watson [2010] ACAT 74 (29 October 2024), where the ACT Civil and Administrative Tribunal has found that an eviction from social housing that would result in homelessness is a breach of the right to be free from unlawful or arbitrary interference with the home. Read the article

Courts Should Consider the Reasonableness and Proportionality of Evictions from Public Housing (2010) 56 Human Rights Law Resource Centre Bulletin 31. A casenote prepared by HPLC senior lawyer Chris Povey on Manchester City Council v Pinnock [2010] UKSC 45 (3 November 2024),  where the UK Supreme Court was required to decide whether art 8 of the European Convention on Human Rights requires a court to consider the reasonableness and proportionality of applications for possession of premises under the Housing Act 1996. Read the article. 

Access and Justice (10th edition) Margaret Beazer, Josie Gray, Michelle Humphreys, Lisa Filippin
A previous article quoting HPLC manager James Farrell on the implementation of new police search powers is extracted in this new text book for VCE legal students. Read the chapter [page 103].

Surveillance in public places (2010) 35(4) Alternative Law Journal 247. HPLC manager James Farrell provides information on the Victorian Law Reform Commission’s final report on surveillance in public places, noting the key features of the report. Read the column.

VCAT reforms (2010) 35(4) Alternative Law Journal 247. HPLC senior lawyer Chris Povey discusses the HPLC’s contributions to the review of VCAT’s procedures and operations with specific emphasis on the quality of decision making and decision review by the Tribunal. Read the column.

Director of Housing Considers Rights of Vulnerable Tenants (2011) 57 Human Rights Law Resource Centre Bulletin 13. A casenote prepared by HPLC senior lawyer Chris Povey and intern Petrea Dickinson on Director of Housing v TK [2010] VCAT Ref R2010/11921 (Unreported, 16 November 2024), which showed that public housing authorities are developing a more thoughtful and engaged model of decision making that gives proper consideration to the human rights of vulnerable tenants. Read the article.

Loophole keeps heroin dealer in public housing ABC Online, 4 January 2011. HPLC lawyer Chris Povey condemns moves to evict drug-dependent public housing tenants (and people who commit other crimes) into homelessness, 'urg[ing] the State Government not to unfairly target vulnerable people'. Read the article.  

Courting Trouble, Moreland Leader, 10 January 2011. HPLC manager James Farrell notes the disproportionate effect of fines on people who are poor. Read the article.

Council parking ban would 'punish' homeless The Age 24, January 2011. HPLC manager James Farrell discusses the effect of a proposed by-law in Yarra Ranges Shire that will prohibit people sleeping in cars within the municipality, effectively criminalizing this form of homelessness. Read the article. 

Fears over new law Yarra Ranges Lilydale & Yarra Valley Leader, 25 January 2011. HPLC manager James Farrell discusses the effect of a proposed by-law in Yarra Ranges Shire that will prohibit people sleeping in cars within the municipality, effectively criminalizing this form of homelessness. Read the article.

Residents plead for open mind on housing Melbourne Times Weekly, 25 January 2011. HPLC manager James Farrell said 40,000 Victorians were on the waiting list for public housing, but although it was vital that new housing stock be located close to health, education and support services, community consultation should not be brushed aside. Read the article.

"Home owners will be better protected from dodgy builders after a landmark tribunal decision has put insurers on notice."
_{('Tribunal tells insurer to pay for home repairs'. The Age, 13 January 2025)}

Elderly pensioners Mr and Mrs Bachmann purchased their home in Pakenham from an owner builder. Soon after the purchase they discovered structural defects in the building and lodged a claim with Calliden Insurance Limited.

Relying on a clause in the insurance policy, the insurer denied liability on the basis that the builder had not died, become insolvent or disappeared. The clause required one of these events to occur before the insurer would indemnify for loss or damage occurring during the period of insurance. Subsequently, the Bachmanns pursued the builder for damages, and obtained an order at VCAT requiring the builder to pay them $34,261.42. However, the Bachmanns were unable to enforce the order as the builder had left the country.

Following a number of unsuccessful insurance claims, the Bachmanns discovered that the builder was insolvent and they lodged a final claim on this basis. The insurer rejected their claim, stating that even though the claim was made in time, the insolvency of the builder occurred five months after the expiry of the period of insurance.

PILCH referred the matter to Jim Robinson of Best Hooper and Michael Thompson of Counsel who provided the Bachmanns with pro bono assistance in applying to VCAT for review of the insurer's decision

At VCAT, the issue for determination was whether the insurance policy means that the ‘death, disappearance or insolvency' must occur within the period of insurance, or whether the timing of this event is at large. VCAT Senior Member Riegler found that a plain reading of the insurance policy did not require the ‘death, disappearance or insolvency' to occur during the period of insurance. Subsequently, the Bachmanns could be indemnified for the loss or damage they suffered as a result of the structural defects in the home.

^{Read the decision.}

Seniors Rights Legal Clinic - Centrelink debt
I emmigrated to Australia in 2004 and lease a property for my family to live in. I was entitled to the Family Tax Benefit as I had my children living with me. Sadly, my wife had passed away before we arrived in Australia.

One of my daughters left my care soon after arriving in Australia and during 2006, another daughter ran away from home. I was very distressed and contacted the police regularly for assistance locating her. As I was focused on finding my daughter and did not believe that she had left my care permanently, I did not think to advise Centrelink of the changes to my circumstances. I was also still learning how to interact with Centrelink and was given conflicting advice about how to access an interpreter.

Centrelink raised debts against me for the period that my daughter had run away from home and also as a result of some records showing my son's birthday to be the first of January of the year of his birth and others the 31st of December. When my family immigrated, I was unable to obtain birth certificates for my children when we left Sudan so the exact details of my children's birthdates were not recorded on immigration forms. This resulted in my children's birthday being listed by as being on the first day of their birth year on some forms and listed as on the last day of their birth year on others. I did not instruct anyone to complete the forms in this manner. The debts totaled $5,581.00. 

With assistance from the Western Region Health Centre, I approached the SRLC for assistance in relation to the debt. The SRLC lawyers sought a review of the debts by an Authorised Review Officer on the basis that the circumstances surrounding my case were outside the normal circumstances. The Officer made a decision to waive the entire debt and to repay the part of the debt that I had already paid.