Scenario Four

The single mother facing eviction is a real case. Her case was heading to the Supreme Court on appeal. But the lawyer involved at that point went to the Housing Ministry and pointed out the Ministry’s obligations under the Charter to this woman and her children in their decision whether to evict her. As the eviction was likely to result in homelessness the Ministry would be ignoring their responsibilities under the Charter to consider a person’s right to family life (section 38 of the Victorian Charter). In the circumstances proceeding with an eviction was unreasonably harsh and punitive. The Ministry withdrew the eviction notice and the appeal never went to court. This case shows how Charters can avoid the courts and engender responsibility on public servants. (this Scenario is based on Barrister Michael Pearce’s SC submission to the National Consultation on Human Rights)