In November 2004, the PILCH Homeless Persons' Legal Clinic and the Council to Homeless Persons mad a joint submission to the Victorian Department of Human Services Review of the Health Act 1958, entitled 'Homelessness, Poverty and Discrimination: Improving Public Health by Realising Human Rights'.

The 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 Australia's and Victoria's obligations under the International Covenant on Economic, Social and Cultural Rights.

The submission concludes that Victoria's legislative and institutional frameworks for public health should enshrine the right to the highest attainable standard of health and recognise and respond to the social and economic determinants of health, with particular regard for the special needs of people experiencing financial and social disadvantage, by respecting, protecting and fulfilling human rights.

Key recommendations include that:

• The new Act provide for the establishment of an independent statutory body, the Commissioner for Public Health;
• Recognising the strong correlates between public health and social and economic well-being, the new Act establish a Consultative Council on Social Health;
• The Guiding Principles for orders or decisions made under the Act include a principle of realisation of human rights which recognises that respect for human rights promotes public health and requires that any decision or order be consistent with human rights norms;
• Recognising the very strong correlation between poverty and ill health on the one hand, and the alleviation of poverty, investment in targeted health care for the poor and improved public health on the other hand, the Victorian Government develop a comprehensive anti-poverty strategy and unit; and
• Recognising the strong links between discrimination against people experiencing homelessness or poverty and ill health, the Victorian Parliament amend section 6 of the Equal Opportunity Act 1995 (Vic) to include 'social status' as an attribute on the basis of which discrimination is prohibited.