Letter to housing support worker
Date: _ _ / _ _ / _ _ _ _
Dear:______
RE: Request for a report for my Magistrates’ Court matter regarding outstanding fines
I am a client of yours and I am writing to you using a template letter that Victoria Legal Aid has given me. I am requesting that you write me a report about my housing history, if possible.
My details are:
Full name:______
Date of birth:_ _ / _ _ / _ _ _ _
This report will greatly assist me. I have a number of outstanding fines which are now at enforcement stage. If I can establish that I had ‘special circumstances’ (see c below) at or around the time that I incurred these fines, then the fines can be heard by a special list of the Magistrates’ Court.
A ‘special circumstances’ application must meet two tests:
- A person must be suffering from either:
- a mental or intellectual disability, disorder, disease or illness or
- a serious addiction to drugs, alcohol or volatile substance or
- homelessness
- If a person claims to suffer from one of the above, they must also show:
- that because of the condition, they could not understand the behaviour was against the law or
- that because of the condition, they could not control the conduct for which they received the infringement or
- that because of their homelessness, they could not control the conduct for which they received the infringement.
If the Magistrates’ Court believes that I had specialcircumstances, then I will not be burdened by having to pay back the unpaid fines. I have included with this letter a brochure from the Department of Justice called A Guide to Special and Exceptional Circumstances Applications. This has more information about special circumstances.
To help convince the Magistrates’ Court that I had special circumstances, I need supporting evidence. Rather than callingmedical practitioners to come to court as witnesses, the Magistrates’ Court will be satisfied with a report from you.
If you are able to write me the report, can you ensure that you please address each of these specific points:
- whether I am homeless or living in crisis or transitional accommodation
- whether I was homeless or living in crisis or transitional accommodation from the period _ _ / _ _ / _ _ _ _ to _ _ / _ _ / _ _ _ _
- whether I have accessed a Commonwealth supported agency in the last few months
- whether my homelessness may have contributed to my conduct that led to me getting fines. For example:
______
- whether I have options in relation to secure and permanent housing in the foreseeable future
- any other information you consider relevant.
When you have completed the report, can you please ensure:
- you print it out on your letterhead
- you sign and date the report
- you have it ready by _ _ / _ _ / _ _ _ _
Please contact me when the report is ready to be collected.
Due to my current financial situation, I request that you please provide this report free of charge.
If you have any questions please call me on :
Home phone: ______OR Mobile: ______
Kind regards
(Signature)______
(Print name)______