In a recent VCAT case, a judge pointed out that the Director of public housing had made an 'unlawful' application for an eviction order against a person and his son, staying illegally in a public house.

Residential tenancies law section 344 clearly spells out the legal right of the Director to make such application.

The reason Justice Bell declared it 'unlawful' was because of "Human Rights Law" which...according to him.. trumped Australian law.

http://www.vcat.vic.gov.au/CA256902000FE154/Lookup/residential_tenancies_list/$file/director_of_housing_v_sudi.pdf

What think ye ?

If Aussie "law" which was produced by our democratically elected representatives is declared UNlawful in favor of a different law which we did NOT vote for..... can anyone think of a word which describes such a state of affairs?

What we need is for the law makers to sit down in a 'royal commision' style arrangement and re-write every law from A-Z and put a little common sence into the equation while they are at it.

If all laws were spelled out in 'plain english', there would be little need for the blood sucking lawyers or the law society we call our justice system, as even the simple minded would have some idea of thier legal rights.

Someone get an alarm clock & wake up the Law reform Commission.

Was the "Human Rights" law referred to a result of an international treaty ?
If the treaty was ratified by parliament then it does over ride
Australian law.

Unfortunately many politicians are second class lawyers who do not understand ihe impact of phrases written into International laws that affect our standards and values.

International treaties do not become laws in Australia until they are adopted by a law of the relevant Australian Parliament , so the claim that they override Australian laws does not apply . Plain English is now , as a matter of routine , used in newly drafted legislation . However , it is often not possible to express laws with sufficient precision , using language which is simple enough to be understood by persons of below average educational standards [ often those who are affected by such legislation ] . It sometimes becomes a choice between precision and simplicity . Many persons define "justice "as meaning whatever outcome suits their interests , not what is objectively fair .