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Leading class actions law firm Slater and Gordon has announced an investigation into a potential class action on behalf of thousands of tenants living in substandard public housing in remote Aboriginal communities.

The announcement comes in the wake of a landmark High Court decision relating to housing rights of Aboriginal tenants in the Northern Territory run by Australian Lawyers for Remote Aboriginal Rights (ALRAR). It follows site visits by Slater and Gordon to several remote communities in WA where tenants were living in properties unfit for habitation under residential tenancy laws.

Slater and Gordon has teamed up with ALRAR for the WA based class action investigation, which aims to achieve recourse for Aboriginal tenants living in remote communities.

The proposed group proceeding will seek improvements to public housing in remote communities across the state, along with financial compensation for thousands of affected Aboriginal tenants who have been living in substandard properties.

While visiting remote communities, lawyers for Slater and Gordon and ALRAR observed public housing without working toilets, showers, cooking facilities or safe drinking water. Broken windows and blocked pipes were also evident, despite repeated requests by the tenants for repairs, which were ignored.

Slater and Gordon Class Actions Senior Associate Gemma Leigh-Dodds said Aboriginal public housing tenants in remote communities were entitled under Australian law to significantly better treatment and may be entitled to compensation.

“Public housing lessors hold a contractual relationship with thousands of tenants living in remote communities pursuant to tenancy agreements for receipt of public housing,” she said.
“Those contracts provide express conditions that the landlord provide tenants with housing in a reasonably secure and comfortable state of repair, including in compliance with health and safety laws.

“Site visits to remote communities have confirmed tenants have been living in substandard housing with issues such as water that does not pass regulatory guidelines, significant infrastructure issues, sewerage and security issues, and a lack of air-conditioning.”

Ms Leigh-Dodds said the proposed claim would seek damages pursuant to breaches of contract, including for:

  • repayment of rent where the property was not reasonably comfortable or safe
  • the inconvenience experienced by tenants dealing with housing issues
  • incurred expenditure to rectify housing issues that tenants had paid for, and
  • disappointment and distress caused by housing issues.

She said the class action would also investigate whether group members were entitled to make secondary claims under Australian Consumer Law and the Racial Discrimination Act for offering a disadvantageous service on the basis of race.

“This is not the first time that Australia’s substandard public housing in Aboriginal communities has drawn attention,” Ms Leigh-Dodds said.

“In 2005, a report released by the United Nations Housing Rights Programme specifically identified Australia as a case study to consider the disadvantage experienced by Aboriginal people.

“The UN Report considered the poor living conditions, with chronic overcrowding, quality of housing and poor access to basic services such as water and electricity all highlighted.

“Discriminatory attitudes toward Aboriginal tenants were also identified as a reason for Aboriginal tenants being blamed for the deterioration of housing stock in public housing.”

A separate case study also considered the dubious practices and policies of WA’s government housing provider at the time and the negative impact its practices had on Aboriginal tenants.

“The fact that nothing has been done in almost 20 years to improve conditions for Aboriginal people in remote public housing is shameful,” she said.

“For too long Aboriginal people living in remote communities have been expected to put up and shut up in relation to their housing rights. We are proud to be working with ALRAR to contribute to a suite of public interest litigation demanding better housing justice for Aboriginal people.”

The High Court decision handed down on Wednesday relates to the legality of housing conditions in the NT based on a test case Young v Chief Executive Officer (Housing) [2023] HCA 31. It confirmed that an Indigenous woman in a remote community was entitled to compensation for emotional disturbance and mental distress for the lack of a sense of security created by not having a front door for over five years.

Dan Kelly, from ALRAR, said: “This judgment confirms that compensation is available for emotional distress and disappointment arising from a breach of a tenancy agreement, which promised to deliver housing which was secure, safe and habitable.

“We’ve visited remote communities in WA where Aboriginal tenants are renting housing on their traditional lands, and the homes they’ve been provided simply aren’t up to scratch.”