Instructions & advice

Obtaining detailed instructions and initial advice

This section sets out in detail the information you should try to obtain from your client in the initial interview and in subsequent days. It also provides some guidance about advice the client should be provided with at the initial interview (for example, regarding timeframes, urgency and potential options).

See How to run a matter for an overview.

When attending Homeless Law clinics, you may want to take a checklist with you:

Instructions checklist

This instructions checklist provides guidance about the types of information you should try to obtain from the client at the initial interview. You do not need to go through it in an exhaustive way, but it’s a helpful prompt. Often clients will not have clear memories or records of these details, but piece together what you can.

Personal information about the client

• Full name (including middle name);
• Any previous names (including spelling variations) or aliases;
• Any current address, contact phone numbers or emails;
• Previous addresses, particularly those that might have been given by the client when they received the fines;
• Date of birth;
• Driver licence number;
• Centrelink Customer Reference Number (CRN);
• Photocopy of identification documents (i.e. Health Care card, driver licence, Medicare card);
• Alternative contact people and their details (eg. caseworker, health professional, trusted relative/friend); and
• A signed authority to act form.

 Details of fines

• Obtain copies of the fines and/or details about where, when and what types of fines they may have received (i.e. infringement notices or court-imposed fines);
• Obtain copies of any letters and court documents relating to the fines. You should also obtain the client’s consent to get a current list of their fines from Fines Victoria;
• Determine the stage that each fine is at and the urgency (especially if the client has personally received any Seven Day Notices or whether the Sheriff has visited the client about their relevant fines);
• If you are concerned that there are urgent fines, consider calling Fines Victoria to get further information over the phone while you are with the client;
• Determine all applicable dates (including any previous or future court dates) for each fine. Make sure that you consult with the table of key timeframes and legislation in relation to each infringement or court-imposed fine;
• If the client has any court-imposed fines, determine if the client attended the hearing/s; and
• Confirm whether the client admits to the commission of the offences (and if so, any factors that are relevant to the client committing the offences) or if they have any other potentially valid excuses.

Elements of a special circumstances application or payment plan application

Generally, Homeless Law clients meet the definition of special circumstances and so you should ensure that you obtain all the information you need to apply for an internal review (for infringements and penalty reminder notices) or an enforcement review (for notices of final demand/enforcement warrants) on the basis of special circumstances. If your client is relying on special circumstances, it means that your client is admitting to committing the offence and pleading guilty.

• Does the client currently experience or have they previously faced the following:
  • a mental or intellectual disability, disorder, disease or illness;
  • a serious addiction to drugs, alcohol or other volatile substance;
  • homelessness (which includes the client living in crisis accommodation, transitional accommodation or having inadequate access to safe and secure housing); or
  • family violence, including being the victim of physical, sexual, emotional, psychological or economic abuse, or the subject of threatening or coercive behaviour?
• Did the client suffer from these conditions or circumstances at the times when the offences were committed?
• Did those circumstances result in the client being unable to understand that their conduct constituted an offence, or being unable to control that conduct? If so, how?
• What is the client’s housing history? Has the client spent time in crisis centres, transitional housing, boarding homes, friends’ homes or on the streets?
• Has the client accessed supports in relation to any family violence experienced at the times they received the fines?
• Has the client been taking medication to treat any mental health condition (eg anti-depressants)?
• If the client had or has problems with drugs or alcohol, has the client participated in any rehabilitation or counselling programs or is the client planning to undertake a program to address these problems?
• Obtain details of the nature of the condition/s, the status of the condition/s at the time of the offences, the current status of the condition/s and any steps taken to address the condition/s (eg health or rehabilitative treatment).
• Obtain the names and contact details of any doctor, psychiatrist, psychologist, caseworker, housing worker or counsellor treating the client, and obtain the client’s consent to contact them with a request for a supporting letter or report.
• Was the client dealing with any other life issues at the times the fines were incurred (eg relationship break up or bereavement)?
• Obtain details of the client’s weekly income and expenses (such as accommodation, food, electricity, gas, telephone, transport, medical, personal and miscellaneous expenses), assets and debts.