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Guidance for workers on support letters

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VCAT eviction support letters

  • Your role and period of time you have worked with [client];
  • The client’s history of homelessness (if relevant)
  • The vulnerabilities experienced by the client (e.g. mental health or physical health issues, experience of family violence, drug or alcohol dependencies)
  • The impact of potential eviction on the client (and their family if relevant) e.g. risk of homelessness, exacerbate mental health, progress the client has made during your engagement that may be undone.
  • Your understanding of links the client has with the local community e.g. local doctor, sporting groups, kids school
  • Your understanding of links the client has to the property e.g. ground floor property which is suitable as the client has mobility issues
  • Steps [client] has taken to enable them to comply with their duties as a renter or remedy a breach, as required e.g. [client] has recently changed medication, engaged with a psychologist, can access brokerage to pay rental arrears etc
  • Any other issues you consider relevant

Infringements special circumstances support letters

Note on support letters for infringements:

For your client’s fines to be waived, they must establish that special circumstances (such as mental health, AOD addiction, homelessness of family violence) existed at the time of the offending and:

 

  • For a mental illness or intellectual disability or AOD addiction, show that the client was unable to control or understand their behaviour resulting in the infringement being issued; and
  • For homelessness or family violence show they were unable to control the conduct that led to the infringement being issued.

 

Please note this law will be amended slightly later this year (we expect July 2022).

  • Your role and period of time you have worked with [client];
  • whether [client] was experiencing any form of [homelessness, including living in crisis or transitional accommodation/mental health concerns/substance dependence/family violence], from [date] to [date] (i.e. at the time the infringements were incurred);
  • whether [client’s] homelessness may have made [him/her/them] unable to control [his/her/them] conduct that lead to the infringements, particularly [for example, using offensive language or failing to purchase a public transport ticket];
  • whether the [client’s] mental or intellectual disability, disorder or illness may have made [him/her/them] unable to control or understand [his/her/their] conduct that lead to the infringements, particularly [for example, failing to buy a train ticket];
  • whether the [client]’s [drug and/or alcohol] dependence may have made [him/her] unable to control or understand [his/her/ their] conduct that lead to the infringements, particularly [for example, being drunk in public];
  • whether [client]’s experience of family violence may have made [him/her/them] unable to control [his/her/their] conduct that lead to the infringements, namely [for example, driving offence incurred when escaping to safety]; and/or
  • any other issues you consider relevant.

 

Criminal support letters

  • Be address “To the Court”
  • Be signed and dated
  • You understand [client] has been charged with [insert charge]
  • Your role and period of time you have worked with [client]
  • Your opinion of the client’s personality
  • Any positive things you can say about the client’s behaviour and things they do, progress they have made during your engagement
  • Anything else you think is relevant

 

Debt support letters

  • Your role and period of time you have worked with [client]
  • Your understanding of the client’s financial situation that mean they are unable to pay the alleged debt
  • Your understanding of the client’s other hardship e.g. mental or intellectual disability, family violence
  • Why your client’s financial hardship is likely to continue e.g. they are unlikely to gain employment
  • Any other issues you consider relevant

 

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