In March, an immigrant family was spared eviction into likely homelessness by appeal to the Victorian
Charter of Rights. The case has set a precedent for the public housing department’s dealings with its tenants. In particular, it gives vulnerable tenants an opportunity to have their appeal reviewed without having to go to the Victorian Supreme Court. This means an easier and better safeguard for tens of thousands of people in public housing should they face unfair or unreasonable treatment. It also focuses public servants on their obligations under the Charter, such as the obligation on public authorities to be mindful of s 17:
“Families are the fundamental group unit of society and are entitled to be protected by society and the State.”
An excellent newspaper article on the case and its implications is here.
The case reference is: Director of Housing v Sudi [2010] VCAT 328 (31 March 2010)
Case notes from the Human Rights Law Resource Centre and the decision text is available here.
Other examples of Charters bringing benefits to the needy are here.