individual communication to the united nations ... - Community Law

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81.2.2 Attempts to seek assistanceVictorian Civil and Administrative TribunalOn 14 January 2000, the Residential Tenancies Division of the Victorian Civil andAdministrative Tribunal (“VCAT”) made orders requiring Mr Barker to allow the Author andher family to return to the property. The Tribunal directed that a copy of the orders beforwarded to the police, to ensure that the Author and her family could return to the propertysafely. 31 On 15 January 2000, the Author attended the police station and was advised by aSergeant Russell that the police were unable to assist because Mr Barker had informed themthat a new family had moved into the property. 32 However, Mr Barker‟s statement to policein December 2000 indicates that he was living at the property.On 10 February 2000, the matter was brought back before VCAT and it was ordered that theagreement between the Author, her husband and Mr Barker was of a commercial rather thanpurely residential nature. Accordingly, VCAT found that it did not have jurisdiction todetermine the issues in dispute and struck out the Author‟s application. 33Police Ombudsman, Office of Police Integrity, Minister of Police & QueenBy way of letter dated 23 March 2001, the Author and her husband made a complaint to theDeputy Ombudsman (Police Complaints) Victoria in relation to the actions and/or failure toact by the police in Sale during and immediately following the eviction. The Ombudsmanfound that the complaints against the police were not substantiated as “the problems with MrBarker were essentially of a civil nature and there was no evidence of a criminal offencewhich would have enabled police to intervene in the matter”. 34On 6 January 2005, the Office of Police Integrity ("OPI") advised the Author that it would nolonger correspond with her and that she would be instructed to leave if she attended itsoffices. 35On 14 November 2006, the Author contacted the Special Investigations Monitor and wasinformed that this body did not have jurisdiction over her complaint. She made complaints tothe Minster of Police 36 and the Queen 37 .Civil Proceedings31 See attachment marked “Q”.32 See attachment marked “DD” at paragraph 8(b).33 See attachment marked “G”.34 See attachment marked “FF” at page 6.35 See attachment marked “GG”.36 See attachment marked “LL”.37 See attachment marked “MM”.Ashling Gandy v Australia, Individual Communication to the Human Rights Committee
9Soon after the eviction, the Author and her husband attended the offices of a local law firmand spoke with a solicitor there. They met him on a couple of occasions and he made anapplication for legal aid on their behalf. In March 2000, they were informed that theirapplication was unsuccessful. 38 The Author and her husband sought assistance for their legalaid application from their local Member of Parliament, and while he was supportive of theirapplication, he was not able to help.In July 2000, the Author and her husband sought assistance from another law firm - Slater &Gordon. Slater & Gordon advised the Author‟s husband that they had a “distinct possibilityof being successful in a litigation claim in respect of the incidents in the January/Februaryperiod of [2000]”. The Author and her husband were not able to retain Slater & Gordonbecause of their financial situation.In September 2000, the Author and her husband sought assistance from their localcommunity legal service. A solicitor from that service drafted a letter of demand to MrBarker, however this letter was not sent due to it containing incorrect and incomplete facts.Shortly after this, the Author and her husband attended the legal service to speak to thesolicitor and were informed that she was no longer employed by the legal service. The Authorwas subsequently told by the legal service that it was no longer able to assist with theirmatter.In 2002, the Author and her husband sought help from the Homeless Persons Legal Clinic(“HPLC”) in relation to pursuing potential claims against Victoria Police and/or Mr Barker.HPLC sought a barrister‟s advice on the merits of the Author‟s case. In early 2003, counselconsidered that any action against Victoria Police had very little chance of success. 39Compensation through Victims of Crime Assistance TribunalThe Author applied, on her own behalf and that of her children, to the Victims of CrimeAssistance Tribunal ("VOCAT") in May and June 2003 for an award of assistance as thevictims of an act of violence. After receiving material from the police, the VOCAT Memberformed the view that the applications could not proceed. 40 In particular, amounts awarded byVOCAT cannot include amounts for loss or damage to property (other than clothes worn atthe time of the offence).The Author applied to VCAT for review of the original decision. On review, VCAT awardedthe Author 50 counselling sessions and $7,600 for medical expenses in relation to thereplacement of bilateral hearing aids that disappeared as a result of the incident. As part ofthe decision, the Judge presiding over the hearing found that the Author was the victim of anact of violence, in particular:38 See attachment marked “O”.39 See attachment marked “F”.40 See attachment marked “N”.Ashling Gandy v Australia, Individual Communication to the Human Rights Committee
Page 1: 1INDIVIDUAL COMMUNICATION TO THE UN
Page 4 and 5: 4Part 11.1 SummaryThe Author, her h
Page 6 and 7: 6At or just after this time, Mr Bar
Page 10 and 11: 10“I consider the criminal act to
Page 12 and 13: 12claim- Judgment entered in favour
Page 14: 14Civil ProceedingsThe Author was u
Page 17 and 18: 17Article 2 of the ICCPR requires a
Page 19 and 20: 19requirements as to notice) with w
Page 21 and 22: 21compensate them for the wrongful
Page 23 and 24: 23must such an obligation be interp
Page 25 and 26: 25stop to the interference by third
Page 27 and 28: 27(4) the tenant lets the landlord
Page 29 and 30: 293. There has been a particularly
Page 31 and 32: 319. The Author submits that such r
Page 33 and 34: 33(b) the premises are to be sold o
Page 35 and 36: 35(1) A landlord or a person acting
Page 37 and 38: 37S. 259(2A) inserted by No. 45/200
Page 39 and 40: 39apply to the Court for relief; an
Page 41 and 42: 41s. 146(d) a house let as a dwelli
Page 43 and 44: 43(iii) the accused shall be entitl
Page 45 and 46: 45Victoria PoliceG 4 February 2000
Page 47: 47DD 24 April 2001 Internal Police

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