Homeless Law reference guide to COVID-19 tenancy Emergency Measures
On 28 March 2021, the COVID-19 Omnibus (Emergency Measure) Act 2020 (Vic) (Emergency Measures), which temporarily amended the Residential Tenancies Act 1997 (Vic), was repealed. The Emergency Measures will still apply to some matters after that date, please see COVID-19 transitional provisions for more detail.
Justice Connect Homeless Law has created this information sheet to provide pro bono lawyers with referral information for your clients during the coronavirus (COVID-19) public health pandemic. It includes the main frontline services and material aid services that are currently available for people experiencing homelessness or housing insecurity (current as at September 2020).
Justice Connect Homeless Law has prepared this Reference Guide for secondee lawyers who are doing phone appearances at VCAT during the coronavirus (COVID-19) public health pandemic. It is current as at 27 April 2020.
Given COVID-19 continues to develop and evolve, please also ensure that you contact VCAT’s Residential Tenancies List (renting@vcat.vic.gov.au; 1300 018 228) directly to confirm phone and other arrangements for your specific clients’ matters.
COVID-19 Practice Directions for fines and infringement matters
When working on infringements and fines matters, Homeless Law pro bono lawyers should read the below information about Practice Direction 17 alongside our publicly available information about Practice Directions 5, 8 and 20.
There are three important ways that Practice Direction 17 relates to the management of infringements matters that have been listed before the Magistrates’ Court. Most importantly, it will require Homeless Law pro bono lawyers who have infringements matters listed in the Magistrates’ Court to have access to an account on the Magistrates’ Court online filing system. The system is called the ‘Electronic Filing and Appearance System’ (EFAS). From 31 August 2020, this is the only way that lawyers will be able to correspond with the court in relation to these matters.
For more guidance on using EFAS, the court has created a user resource. There is also helpful information on the about EFAS page.
Lawyers are required to register their appearance on EFAS for all summary criminal matters by 28 August 2020.
This means that Homeless Law pro bono lawyers will have to have an account created for them on EFAS. This account will only be used to correspond with the court in relation to the listings of their matters. To action this, please send an email to Homeless Law’s Senior Criminal Lawyer, Michael McKenna (michael.mckenna@justiceconnect.org.au), who will create an account for you.
Once you have an account, please lodge your appearance on EFAS. To do this, you will need to take the following steps:
Log-in to your account on EFAS
Search and find your client matter/s
Click on each respective case number (left column)
Click on ‘add representation’
Adjournment requests via EFAS
After 31 August 2020, all adjournments must be requested by EFAS. When Homeless Law pro bono lawyers are logged-in to EFAS and have clicked on each case number, there is a tab at the top labelled ‘Request’. Within that tab, lawyers can lodge correspondence relating to the matter, including requesting an adjournment.
Block Special Mentions in the Online Magistrates’ Court
For matters listed after 12 October 2020, Homeless Law pro bono lawyers may be contacted by the court, advising that their matter is listed for a ‘Block Special Mention’ (BSM) hearing in the ‘Online Magistrates’ Court’ (OMC). The best way to contact the court with enquiries about the OMC is by email to omc@courts.vic.gov.au, or alternatively, you can email Homeless Law’s senior criminal lawyer. This is a hearing which will be conducted by Webex. For more guidance, please see Victoria Legal Aid’s Webex-related resources.
The purpose of this hearing is to establish whether or not matters are being contested. Most infringements matters will likely be for a plea. The court can be advised of how you intend to deal with the matter. Where suitable, the court will set the matter down for plea in the OMC.
Importantly: Where a matter is listed for BSM, there is an obligation to discuss the matter with prosecutions at least 2 weeks in advance of the hearing date.
If you are contacted in relation to a BSM – please immediately email Homeless Law’s senior criminal lawyer, who can provide assistance with the management of the hearing.
There is no obligation for your client to attend the BSM.