The ACT Legislative Assembly is set to pass legislation that will enshrine housing as a human right following its introduction by the Greens in November 2024.

Shane Rattenbury, the author of the bill and Leader of the ACT Greens, said that the passage of the legislation is a landmark moment for social justice in Australia, with Canberra yet again leading the nation by enshrining the right to a safe home as the foundation for a fair and decent life.

“This legislation introduced by the Greens will start the process of reshaping the way we think about housing in this city. It will create a new requirement, by law, for the government to treat housing not as a private asset for wealth creation but as a foundational social good — just as we already treat education and healthcare,” Rattenbury said. “This will mean 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.”

According to Rattenbury, those who believe the government is not living up to this responsibility can now have a legal mechanism to challenge decision-making or change unfair laws so that they work for the interests of the people, not the housing market.

“For too long, governments have been walking away from their responsibility to ensure an affordable and decent home for all. But today marks the beginning of an acknowledgement: housing is not a commodity; it is a human right,” Rattenbury explained. “From now on, when new laws are introduced in the assembly, the government will have to consider Canberrans’ fundamental right to housing. That means weighing how 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.”

Across the country, Labor and Liberal governments have backed a cooked housing system that has eroded trust in democracy and public institutions. There was once no such thing as a ‘housing crisis’, but years of privatisation, deregulation and distorting tax incentives have made it clear that we need change.

“Here in Canberra, rents are at record highs, public housing is at record lows, and waiting lists grow longer every year. 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,” Rattenbury added. “Enshrining the right to housing is a crucial step in trying to turn the tide and restoring trust in government as an institution that has a responsibility to make real people’s lives better.”

Kym Duggan, Social Justice Committee Chair at St Vincent de Paul Society Canberra/Goulburn, said the Society believes enshrining the right to housing in the ACT’s Human Rights Act will strengthen protections for vulnerable people, improve government accountability and lay a foundation for fairer, more inclusive housing policies and outcomes in the community.

“We encourage the ACT Government and all parties to demonstrate leadership and to support this amendment,” Duggan said.

Families ACT also strongly supports the inclusion of the right to adequate housing.

“In 2021-22, 1889 families in the ACT were without a home, the second highest cohort being families with one parent and children,” said Rebecca Zappelli, Executive Director of Families ACT. “All children and families in the ACT should have access to safe and stable housing as a basic human right, creating the foundation for better developmental, economic, social and emotional outcomes for children and families to reach their full potential.”

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