Media Release: Weakening human rights law threatens to increase homelessness

14 September 2024

The PILCH Homeless Persons' Legal Clinic (HPLC) has expressed serious concerns that today's parliamentary report on Victoria's Human Rights Charter, tabled by the Scrutiny of Acts and Regulations Committee, may increase the number of homeless Victorians. 

Although the Report's recommendations are heavily qualified, the Report does not support repeal of the charter but suggests that the role of Victorian courts in upholding human rights should be weakened or eliminated.

HPLC Manager and Principal Lawyer, James Farrell said: "Reducing the role of courts and tribunals will make government less accountable for human rights compliance.  There will be very little incentive for public bodies to consider people's rights and weigh up their hardships because there will be no consequences of not doing this".     

Citing the HPLC's June submission to the inquiry, Mr Farrell said that "We have used the Charter in 20 cases to prevent 42 people, including 21 children, being evicted from social housing into homelessness.  In these 20 matters, the Charter played a role in bringing about better, fairer outcomes for individuals, families and children.  It also brought about more transparent decision-making and prevented Victoria adding 42 people to an already overstretched emergency accommodation system."

 "While over 50 percent of the HPLC's matters were resolved through negotiation, if there was no role of the courts and tribunals, it is highly likely that these 42 adults and children would have been rendered homeless. We fear that any attempts to weaken the Charter will add to the 20,500 Victorians who are homeless every night."

"The Charter has helped countless individuals, but it has also led to better practices and policies within public bodies in Victoria," said Mr Farrell.  "It has provided a clear and helpful framework for staff in public bodies making difficult decisions in the face of limited resources.  We have seen significant improvements in the treatment of its clients and the outcomes that can be achieved since the Charter's introduction," he said.

The Government now has six months to respond to the Committee's report. Mr Farrell said: "The Government now has six months to weigh up the evidence before it and, based on this, take steps to improve and strengthen the Charter so that we can continue to see the undisputable benefits it has delivered to Victorians".   

"Any other decision would be a clear step backwards and would present a serious risk to Victoria's most vulnerable citizens", he said.  

The HPLC submission is available at here. 

The Committee report is available at here.

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Contact

James Farrell
Manager/Principal Lawyer
PILCH Homeless Persons' Legal Clinic
0447 797 000