2 February 2026

The ACT Human Right Commission welcomes the significant decision of Justice McWilliam of the Supreme Court regarding three tenants who argued that their human rights had been ignored by the Commissioner for Social Housing when deciding to relocate them under the ACT government’s Growing and Renewing Public Housing Program.

One of the many functions of the ACT Human Rights Commissioner is to intervene in court cases that raise human rights. The Human Rights Commissioner intervened in these cases to assist with the understanding of the content and application of relevant human rights protected by the Human Rights Act.

The Court made a declaration that there had been a denial of procedural fairness, meaning that the tenants had not been given an opportunity to be heard before a decision was made about each of them. During the proceedings, the Commissioner for Social Housing conceded this denial of procedural fairness but argued that a declaration from the Court was unnecessary. Justice McWilliam, however, found it was important to issue the declaration.

The Court also determined that the Commissioner for Social Housing had not given proper consideration to the human right not to have one’s home unlawfully or arbitrarily interfered with. The tenants had been in their homes for between 27 and 42 years and relocation would be very difficult, but no consideration was given to their individual circumstances. This was found to be a breach of their human rights as protected by section 12(a) of the Human Rights Act.

The Court also determined that in the case of one tenant, her cultural rights as an Aboriginal woman, including maintenance of her family connections, had not been properly considered. Her honour, Justice Verity McWilliam stated that:

‘It is not the case that an Aboriginal person’s cultural rights are only engaged when they reside on land to which their mob has an ancestral cultural connection. The point is that they are entitled to practise their culture, which includes a unique connection to land, wherever they live.’

The Court was not satisfied that the Commissioner for Social Housing had a general understanding of what this right means.

Dr Penelope Mathew, ACT Human Rights Commissioner, said:

“This case, like others in which we have intervened, highlights the need for properly funded, ongoing human rights education for all public servants. Government decision makers need to understand their legal obligations to consider and respect the human rights of all Canberrans.

“Human rights education for public servants has become even more important given the recent incorporation into the Human Rights Act of the right to a healthy environment and forthcoming right to adequate housing.”

Read the full judgement from the ACT Supreme Court.

The ACT Human Rights Commission can investigate and conciliate complaints about human rights breaches by ACT government agencies and other organisation providing services on behalf of the ACT government. Contact the ACT Human Rights Commission

Media contact: humanrightsmedia@act.gov.au