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HPLC Law Reform Submissions
The Clinic believes that people with direct experience of homelessness should be involved in decision-making processes and the development of policy that affects homeless people. If you are homeless or formerly homeless and want to voice an opinion on laws affecting homeless people that you think are unjust or inequitable, please contact the Clinic to chat with the lawyers.
The Clinic has conducted law reform work and public policy advocacy in relation to the following issues:
Access Cards 2007 Report to the Commonwealth Department of Human Services’ Office of Access Card (OAC) in response to the exposure drafts of the Human Services (Enhanced Service Delivery) Bill 2007 (Access Card Bill) and the Human Services (Enhanced Service Delivery) (Consequential Provisions) Bill 2007 (Consequential Provisions Bill).
Begging Submission to the Victorian Attorney-General's Department 2002
This submission recommends that begging be decriminalised and that solutions to underlying causes be developed and implemented.
Begging - We Want Change 2005 Report
This report examines the nature, extent and causes of begging and proposes a range of policy initiatives to respond to begging.
Charter of Rights for Homeless People Response to the Victorian Government's Charter of Rights Discussion Paper 2004
This is a response to the proposal of the Victorian Department of Human Services proposal to develop a Charter of Rights and strengthened complaints mechanism for people who are homeless or at risk of homelessness.
Corporate Social Responsibility and Human Rights 2005 Submission
This submission to the Parliamentary Joint Committee on Corporations and Financial Services examines and makes recommendations regarding corporate social responsibility and the human rights responsibilities of business enterprises.
Discrimination on the Ground of Criminal Record 2005 Submission
This submission to the Human Rights and Equal Opportunity Commission Inquiry into Discrimination in Employment on the Basis of Criminal Record contends that federal and state governments should prohibit discrimination on the ground of 'criminal record' and provide effective remedies to people who experience such discrimination.
“Do Not Go Home - Go Directly to Jail: Homelessness and the Bail Act 1997 (Vic)” 2006 Submission
Submission in relation to the Victorian Law Reform Commission's Review of the Bail Act Consultation Paper, January 2006. The Bail Act is designed to assist judicial officers to navigate the fine line between on the one hand, maintaining law and order and ensuring the safety and welfare of the community and on the other, recognising the rights of individuals to liberty and safety and freedom from detention without reasonable cause. Given both the susceptibility of homeless people to interaction with the law and the frequency with which homeless people experience violations of their basic human rights, the submission calls for the needs of people experiencing homelessness and disadvantage be taken into consideration when amending the Bail Act.
Debt Collection 2005 Submission
This submission to the ACCC and ASIC makes recommendations in relaiton to debt collection practices.
Drug Addiction and Discrimination 2003 Submission
In 2003 the Senate referred the provisions of the Disability Discrimination Amendment Bill 2003 (Cth) to the Senate Legal and Constitutional Committee for inquiry and report. The Clinic made a submission which argues that discrimination on the ground of 'drug addiction' should be prohibited.
Equal Opporturtunity Act 1995 (Vic)
April 2008 Submission
This submission to the Victorian Attorney-General considers the case for reforming the exemptions and exceptions in the Equal Opportunity Act 1995 (Vic). In particular, the HPLC argues that the exemptions and exceptions regime in the Act is inconsistent with the requirements set out in the Charter of Rights and Responsibilities Act 2006 (Vic) and unreasonably impacts upon the rights of people experiencing homelessness.
Equal Opportunity Review – Options Paper
May 2008 Submission
In this submission, the HPLC reiterates its long-held position that the Equal Opportunity Act 1995 (Vic) be amended to prohibit discrimination on the ground of social status and criminal record.
Family Violence: Mapping the Legal Needs of Women at Risk of Homelessness Escaping Family Violence
2007 Report to the Victoria Law Foundation
Green Paper submission - Righting the Wrongs of Homelessness 2008 Submission
This submission to the Federal Government’s Green Paper on homelessness argues that the Federal Government should situate homelessness within a human rights framework, review and amend all Federal (and state) laws that impact disproportionately on or discriminate against people experiencing homelessness, introduce a Homelessness Act that enshrines an enforceable right to adequate housing and introduce a Federal Charter of Rights incorporating social, economic and cultural rights as well as civil and political ones, following comprehensive community consultation.
Homelessness and Human Rights in Victoria 2005 Submission
This submission to the Victorian Human Rights Consultative Committee is based on interviews with 106 homeless people around Melbourne. Recognising the links between homelessness and human rights, the submission proposes the enactment of a Charter of Human Rights in Victoria to contribute to the promotion, protection and fulfilment of human rights for people who are homeless.
Homelessness, Mental Health and Human Rights 2005 submission to the Senate Select Committee on Mental Health
This submission to the Senate Select Committee on Mental Health examines the relationship between homelessness and mental health and makes recommendations to promote the human rights and good health of people experiencing homelessness.
Homelessness, Poverty and Discrimination: Improving Public Health by Realising Human Rights 2004 Submission
This submission examines and discusses the relationship between homelessness, poverty, discrimination and public health. The submission also examines and discusses the importance of analysing and addressing these issues in a human rights framework, consistently with the obligations of Australia and Victoria under the International Covenant on Economic, Social and Cultural Rights. The submission makes numerous recommendations for reform of Victoria's legislative and institutional frameworks for public health.
Homelessness and the Right to Social Security 2003 Submission
These submissions make recommendations in relation to welfare reform for homeless people in the context of the fundamental human right to social security.
Homelessness and Access to Justice 2003 Submission
This submission to the Senate Legal and Constitutional Committee Inquiry into Legal Aid and Access to Justice examines access to procedural and substantive justice for people who are homeless or at risk of homelessness.
Homelessness and Residential Tenancy Databases 2003 Submission to the Ministerial Council on Consumer Affairs and the Standing Committee of Attorneys-General Inquiry into Residential Tenancy Databases
Recognising the relaitonship between RTD listings and homelessness, this submission makes recommendations in relation to their role, operation and regulation.
Home Detention 2003 Submission to the Office of the Correctional Services Commissioner
This submission examines the impact of 'home detention', a proposed sentencing disposition, on people who are homeless or at risk of homelessness.
Homeless Persons' Court 2004 Report
The Clinic has prepared a report, based on extensive consultations with people experiencing homelessness, which makes 28 recommendations as to how the administration of justice could be improved for people experiencing homelessness in Victoria.
Infringements 2003 Submission; 2004 Submission; 2007 Submission
These submissions make recommendations to make infringements fairer for people experiencing financial or social disadvantage. They also propose constructive alternatives to fining homeless people for public space, public order and public transport infringement notice offences.
Police Powers 2005 Submission
This submission recommends reform of police practices and procedures so as to respect the rights of the homeless.
Public Transport and Poverty 2005 Submission
This submission to the Department of Infrastructure considers the application and impact of proposed Public Transport (Ticketing and Conduct) Regulations 2005 on people experiencing homelessness or poverty.
The Right to Adequate Housing: 2006
Submissions, speeches and findings from the August 2006 visit from UN Specual Rapporteur for the Right to Adequate Housing.
Rooming Houses - Less Room to Move: Better Room to Move In. 2007 Submission to Consumer Affairs Victoria regarding the Residential Accommodation Issues Paper
SAAP IV Evaluation - Homelessness and Human Rights in Australia
2003 Submission
This submission contends that many people who are homeless are subject to multiple and intersectional human rights violations. It makes 55 recommendations to ensure that Commonwealth/state responses to homelessness promote and protect human rights.
Social Status Discrimination
- 2002 Submission - This submission recommends that the Equal Opportunity Act 1995 (Vic) be amended to prohibit discrimination on the ground of social status.
- 2007 Report to the Department of Justice
- 2008 Submission to the Victorian Attorney-General’s Independent Review of the Equal Opportunity Act 1995 (Vic)
Vagrancy Act 2002 Submission
This submission examines the impact of begging, consorting and loitering provisions of the Vagrancy Act 1966 (Vic) on people who are homeless or at risk of homelessness.
Homelessness and Voting: Commonwealth JSCEM Inquiry into the 2007 Federal Election
2008 Submission
This submission examines and discusses the franchise of people experiencing homelessness in the context of the 2007 Federal Election. In particular, the HPLC recommends that the Electoral Act 1918 (Cth) be amended to improve participation in electoral processes for people experiencing homelessness and that the Australian Electoral Commission improve its education and awareness campaigns to better engage with this marginalized group.
Voting as Human Right: Enfranchising people experiencing homelessness and imprisonment.
2008 Submission to the Parliament of Victoria Electoral Matters Committee into Voter Participation and Informal Voting.
In this submission the HPLC examines and discusses the franchise and voter participation of people experiencing homelessness and imprisonment in Victoria in the context of the Charter of Rights and Responsibilities Act 2006 (Vic). In particular, the HPLC recommends that immediate review and amendment of the Electoral Act 2002 (Vic) and the policies and procedures of the VEC to ensure compliance with the Victorian Charter and the effective realisation of the right to vote in Victoria.
Voting Rights - Federal 2005 Submission
This submisison makes recommendations to enfranchise the homeless in Federal elections.
Voting Rights - Victoria 2003 Submission
This submission makes recommendations to enfranchise the homeless in Victorian elections.
Voting Rights - Information and Enrolment Kit
This kit contains information and forms to empower people experiening homelessness to enrol and vote at federal, state and local government elections.
Women and the Right to Adequate Housing 2002 Submission
This submission examines the access of women, particularly marginalised and disadvantaged women, to adequate housing.
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