Landmark Ruling: ACT Court Finds Human Rights Breach in Public Housing Relocation
The ACT Supreme Court has ruled in favor of three Canberra public housing tenants, determining that government plans to relocate them under a public housing program breached their human rights and denied procedural fairness. The three women filed a civil claim after being identified by the ACT Growing and Renewing Public Housing Program, which aims to expand public housing through property sales or redevelopment.
Justice Verity McWilliam concluded that procedural fairness was denied during the relocation process, leading to a direct breach of the tenants' human rights.
"any interference with one's home must be lawful."
The judge underscored the profound significance of an individual's home, drawing parallels to the iconic Australian film "The Castle" and the wisdom of the Roman philosopher Cicero, stating that "any interference with one's home must be lawful."
Denial of Procedural Fairness Acknowledged
Notices for relocation were initially issued in 2020 and 2022. The ACT Social Housing Commissioner acknowledged that procedural fairness was indeed denied in the initial decisions to include the dwellings in the program, specifically noting a lack of adequate consultation with the tenants.
Justice McWilliam further highlighted that the program's policy suggested that the consideration of potential impacts would occur at a later stage in the relocation process. She cited an example where a relocation letter failed to address a plaintiff's specific circumstances or her fundamental right to freedom from unlawful interference with her home.
Human Rights Breach Confirmed
Despite the Commissioner's concession regarding the denial of procedural fairness, the claim of a human rights breach was initially contested. However, the court ultimately found in favor of the tenants.
Under the ACT's Human Rights Act, public authorities are mandated to act in a manner compatible with human rights. The court's decision ensures that the women secured a finding that their human rights had been breached by the relocation plans.
Outcome for Tenants
As a result of the ruling, the court has ordered the Social Housing Commissioner to cover the tenants' legal costs. All three women will remain in their current residences.