“The government’s public housing waiting lists are an appalling revelation. Nearly 2000 approved ‘high needs’ applications are having to wait a minimum of three years to access public housing. The approved applications for “standard housing” have a waiting list of more than five years,” writes political columnist MICHAEL MOORE. 

Will “housing as a human right” legislation really work? Or is it simply an aspirational exercise appealing to Greens’ voters? 

The Human Rights (Housing) Amendment Bill 2025 has now passed the ACT Legislative Assembly, and it will be interesting to see the impact across the community.

It certainly appears as breakthrough legislation, with the ACT as the jurisdiction setting the standard for legislation that “makes social justice a priority”. Greens leader Shane Rattenbury, who introduced the legislation, argues it “will start the process of reshaping the way we think about housing in this city”.

The Legislative Assembly Committee that considered this bill and recommended support consisted of two Labor MLAs and two Liberal MLAs. The chair of the Standing Committee on Legal Affairs that considered this legislation is the Liberal member, Chiaka Barry.

The committee recommended a 12-month delay for the “Immediately realisable” implementation of the legislation. The government response supported the recommended delay when the legislation came on for debate. The delay was accepted, albeit reluctantly, by the Greens, and this allowed the legislation to go through.

The bill presented to the Assembly states:

(1) Everyone has the right to adequate housing. 

(2) Immediately realisable aspects of this right include the following:

(a) everyone is entitled to enjoy this right without discrimination;

(b) no-one may be unlawfully or arbitrarily evicted from their home;

(c) no-one may have an essential utility service to their home unlawfully or arbitrarily withdrawn.

The committee’s report noted many submissions calling attention to the housing crisis in the ACT. 

The government’s public housing waiting lists are an appalling revelation. Nearly 2000 approved “high needs” applications having to wait a minimum of three years to access public housing. The approved applications for “standard housing” have a waiting list of more than five years. 

The ACT Human Rights Commission told the committee that the introduction of this right was part of the incremental evolution of the Human Rights Act. 

In offering support, the commission argued that there were already various policies and strategies in place to protect the right to adequate housing, and that the bill would further protect those rights.

The committee did not address the likely impact on private landlords. It is easy to think of landlords in the traditional manner, as wealthy, rapacious bullies. The reality is that many landlords in Canberra have one or two investment properties that are effectively part of their retirement plans. These are often ordinary public servants and other workers who are also entitled to human rights.

Has this legislation managed to get the balance right? On the surface, it does appear so. The legislation is heavily focused on government responsibility. 

However, as Mr Rattenbury argues: “The government has a legal responsibility, as part of building a just society, to facilitate the fair provision of housing in either the private or public market.”

The legislation comes at a time when housing across Australia is in crisis. Rentals have skyrocketed at the same time as mortgagees have felt the impact of increasing interest rates, and in the ACT, the Land Tax which can be crippling. Not only are renters feeling the pinch, the same is true for the mum and dad landlords.

Mr Rattenbury has not lost sight of the political imperatives. He has stated: “With mortgages and interest rates also soaring, the housing system is breaking – and when it breaks, it’s our political system that will fracture first, not the market”.

This legislation weighs a range of very broad policies, including how ACT government policies “impact home security, affordability, access to essential services like water and electricity, and whether homes are well-located and accessible to shops and services”. 

The issue that remains unclear to me is the impact on decisions by tribunals and courts regarding needy tenants who seriously damage private tenancies, who fail to pay rent or act in an untoward manner that has consequences for those living around them.

The sentiment of the legislation is understood. The need is clear. How effectively it is implemented remains to be seen.

Michael Moore is a former member of the ACT Legislative Assembly and an independent minister for health. He has been a political columnist with “CityNews” since 2006.