Modern Australian
Times Advertising

If you live in public housing, what rights do you have to stay in your home?

  • Written by Bill Swannie, Senior Lecturer, Thomas More Law School, Australian Catholic University

Around 544,000 people live in public housing in Australia. And there’s huge demand for more: 169,000 households are waiting for public housing, up almost 10% from a decade earlier.

But what happens when a state government decides to move public housing tenants? Do tenants have any legal rights to stay?

Several court cases – including a new High Court appeal for Melbourne tenants, and an unexpected win for three Canberra tenants – show how some people are challenging their relocation when laws aren’t properly followed.

How 3 tenants fought and won

Earlier this month, three public housing tenants in the Australian Capital Territory had a rare win, stopping them being relocated against their wishes. The women had each lived in their home for around 30 to 40 years.

The ACT Supreme Court found the territory’s social housing commissioner had denied the women procedural fairness and failed to consider their rights under the territory’s Human Rights Act. All public bodies in the ACT must properly consider human rights when making a decision.

Justice Verity McWilliam’s judgement quoted iconic Australian movie The Castle, as well as Roman philosopher Cicero:

It need hardly be said that any interference with one’s home must be lawful. That pithy one-liner in The Castle (1997), voiced in the fictional character of Darryl Kerrigan, still resonates: “It’s not a house, it’s a home. A man’s home is his castle […] You can’t just walk in and steal our homes.”

A precedent, with another case to come

Procedural fairness means a person has a right to be heard by a government decision-maker before a decision affecting their interests is made.

The ACT Supreme Court found the commissioner had not consulted with the tenants or taken their personal circumstances into account. This breached the tenants’ right to a home, as well as the rights of an Indigenous tenant to maintain community ties and cultural practices.

Crucially, it wasn’t just a temporary win: as ABC News reported, the three women are still in their Canberra homes today and will not be relocated.

The tenants’ solicitor Sangeeta Sharmin said the judgement set a precedent, “acknowledging that our clients’ houses are not mere assets, but homes”.

Looking ahead, another group of ACT social housing tenants are taking their class action to the Federal Court, responding to the ACT government’s unsuccessful push to move them from their homes. No date has been set for that hearing.

Melbourne tenants appealing to the High Court

A similar case has been playing out in Melbourne’s inner north.

Homes Victoria is seeking to relocate around 10,000 residents of 44 public housing blocks to redevelop the properties with new social and public housing.

But last Thursday, a Victorian court made orders preventing about 32 households from being evicted from three almost empty Melbourne public housing towers, pending an appeal to the High Court. The towers are due to be demolished and Homes Victoria has warned the delays will cost millions of dollars.

Inner Melbourne Community Legal tenancy lawyer Louisa Bassini told the ABC the court injunction was a win for tenants:

It means that they can stay in their homes, see this process through, and make sure that the courts have had a proper opportunity to consider […] whether their rights [under Victoria’s human rights charter] were properly considered.

Public housing rights across Australia

Private and public landlords are entitled to evict tenants when they intend to sell or demolish the premises. But public landlords have additional policies requiring them to help tenants locate alternative premises, either in public housing or in the private market, and to assist with moving costs.

In the case of redevelopment, tenants may be entitled to return to the redeveloped property. However, this depends on them meeting eligibility criteria, having no outstanding debts, and suitable properties being available.

In Victoria, for example, tenants are offered two properties before a notice to vacate is given. Following this, Homes Victoria may seek a possession order which evicts the tenant.

Western Australia, the Northern Territory and South Australia have similar relocation guidelines to Victoria. However, they don’t have their own human rights laws.

In Tasmania, there are no published guidelines regulating relocation, despite research showing how difficult that relocation process can be.

Victoria, the ACT and Queensland have human rights laws in place that protect the right to non-interference with the home, and cultural rights. Public bodies, such as housing authorities, are obliged to properly consider these rights when making decisions.

Over coming months, we’ll see if the High Court agrees to hear the Melbourne tenants’ appeal, as well as the outcome of the ACT social housing tenants’ case in the Federal Court.

But the recent ACT Supreme Court decision offers some hope for public tenants. If state and territory governments want to relocate tenants, they must follow their own laws and policies properly – or risk costly legal challenges.

Authors: Bill Swannie, Senior Lecturer, Thomas More Law School, Australian Catholic University

Read more https://theconversation.com/if-you-live-in-public-housing-what-rights-do-you-have-to-stay-in-your-home-274958

Why Modern Traffic Management Systems Are Important For Safer Roads

Cities and industrial facilities increasingly rely on advanced Traffic Light System technology to improve road safety, traffic flow, and operationa...

How Structured eCommerce Web Design Influences Online Buying Behaviour

A strong online presence begins with effective eCommerce web design that prioritises both functionality and user experience. Businesses entering or...

What People Mean by “Alternative Doctor” And Why Expectations Around Care Are Changing

When people search for an “alternative doctor,” they’re usually looking for something specific, even if they haven’t fully defined it yet. I...

Why Does My Power Keep Tripping? Common Causes Explained by Electricians Sydney

The electrical system is the lifeblood of your home, powering everything from your phones to cooking utensils and more. But from time to time, your po...

Interstate Car Transporter Urges Buyers to Book Early

As the conflict in the Middle East continues to put increasing pressure on local fuel supply, Australian transport companies are experiencing increasi...

Digital Minimalism for Business Owners: Fewer Tools, Better Systems

Be honest. How many apps are open right now? One for scheduling, another for invoices, a third for customer notes, plus a spreadsheet someone email...

The Importance Of Proactive NDIS Renewal Preparation For Sustaining Your Provider Business

Your NDIS renewal notice is not a signal to start preparing. By the time it arrives, preparation should already be well underway. For new providers, s...

Why Fire Extinguisher Testing in Sydney Is Becoming a Records Game, Not Only a Maintenance Job

A fire extinguisher used to feel like one of the simpler parts of building safety. It hung on the wall, wore a service tag, and sat there quietly unle...

The Switchboard Upgrade Question Every Melbourne Renovator Should Ask Before the Walls Close Up

Renovations have a funny way of making people think on surfaces first. Splashback, stone, joinery, tapware, paint. Fair enough too. That is the exciti...

Winter Sanitation Gaps in Parramatta Kitchens: A Hidden Pest Risk

Winter brings a host of changes to our homes, from the chill in the air to the cozy warmth indoors. However, this season also introduces sanitation ch...

When to Seek Advice from Employment Lawyers in Melbourne

Australian employment law is detailed and, at times, complex, with rights and obligations that aren't always obvious to employees or employers witho...

7 Benefits of Professional Gutter Cleaning for Australian Homeowners

Gutters aren't exactly glamorous. They sit up there on the edge of your roof, doing their job quietly - until they stop working. Clogged, overflowing ...

Pipe Floats Strengthening Pipeline Performance In Demanding Environments

Pipelines often travel through environments that are anything but predictable, water currents shift, terrain changes, and materials keep moving unde...

Why Ceiling Fans Are Essential For Comfort, Efficiency, And Modern Living

Creating a comfortable indoor environment is not just about temperature; it is about how air moves, how a room feels, and how efficiently energy is ...

Why Duct Cleaning In Melbourne Is A Smart Investment For Healthier Living Spaces

Behind your walls, ceilings, and vents lies a network quietly working every day to keep your home comfortable. Yet over time, this system can become...

Disability Service Providers Supporting Inclusive And Independent Living

Finding the right support system can feel like assembling a puzzle where every piece must fit just right. For individuals and families navigating di...

A Beginner's Guide to Owning a Caravan in Australia

Owning a caravan opens up a style of travel that's hard to match for freedom and flexibility. However, for those just starting out, the process of c...

Preparing Your Air Conditioner for Summer: What Most Homeowners Overlook

As temperatures rise, many homeowners switch on their air conditioning for the first time in months — only to find it’s not performing the way i...