Martin* had moved to Australia as a student several years ago but ended up sleeping rough and relying on charitable assistance to meet his basic needs.

When Martin discovered payments being taken from his bank account and learned of expiation notices relating to a minor public order incident, he immediately sought help from a Homeless Legal outreach clinic.

He told our lawyers that while he had been present when police attended a disturbance involving people sleeping rough, he had not been involved in the incident and did not know any fines had been issued.

Because Martin was experiencing homelessness, the expiation notices had been sent to an old address. By the time he became aware of the matter, the fines had progressed to enforcement, significant late fees and enforcement costs had been added, and the little money he relied upon for basic necessities was being garnished.

Over a number of appointments, JusticeNet worked closely with Martin to prepare detailed submissions to the Fines Enforcement and Recovery Unit explaining why he had been unaware of the notices and seeking to have the enforcement order revoked.

The application was successful. The enforcement order was revoked, the matter was remitted to SAPOL and the enforcement costs and late fees were set aside.

During further appointments, we advised Martin about the options available following the remittal of the matter to SAPOL and assisted him to prepare and lodge the necessary forms to elect to be prosecuted so the allegations could be determined by a court if SAPOL decides to proceed.

Martin's story demonstrates how people experiencing homelessness can be unfairly disadvantaged simply because they have no stable address to receive important legal documents. Without early legal assistance, relatively minor matters can quickly escalate into crushing financial hardship. Through ongoing advice, advocacy and practical assistance, Homeless Legal helps ensure that homelessness does not become a barrier to accessing justice.

*Name changed to protect privacy.