Public Housing Tenants’ Human Rights Violations Spark Outrage

An ACT Supreme Court judge has ruled in favor of three public housing tenants in Canberra, citing breaches of their human rights. The ruling followed their civil claim against a new public housing initiative that targeted their residences.

Background of the Case

The women contested the ACT Growing and Renewing Public Housing Program. This initiative aimed to expand public housing within the territory through the sale or redevelopment of existing properties. Fortunately, the tenants were not forced to relocate.

Legal Ruling

Justice Verity McWilliam delivered the verdict, referencing both the film “The Castle” and the Roman philosopher Cicero. She stated, “Any interference with one’s home must be lawful.” This declaration underscored the importance of retaining the sanctity of one’s home.

Justice McWilliam highlighted that the tenants experienced a denial of procedural fairness during the decision-making process. She noted that their rights were overlooked without adequate consultation.

Concessions and Findings

The case was simplified when the ACT Social Housing Commissioner admitted to the procedural shortcomings in including the properties in the housing program. Justice McWilliam remarked on the lack of consideration for the tenants’ specific situations.

• The notices to relocate were issued in 2020 and 2022.
• The Commissioner accepted there was no procedural fairness.
• The court found that the tenants’ human rights were indeed violated.

Implications for Human Rights

Under the ACT’s Human Rights Act, public authorities must ensure their actions align with human rights standards. While the women did not win every claim, the court has mandated that their costs be covered by the Commissioner.

In conclusion, all three tenants remain in their homes, marking a significant affirmation of their rights amid the development of public housing efforts.