Human right to housing
The right to housing recognises that everyone has the right to adequate housing. The right will be part of the ACT’s Human Rights Act 2004 from 1 January 2027. This gives the ACT Government and public authorities time to prepare for its implementation.
A fact sheet on the human right to housing [PDF 251kB] is available, explaining the right in plain language and how it applies in the ACT.
What the right is
The right to housing promotes the right of everyone in the ACT to:
- enjoy adequate housing without discrimination
- not be unlawfully or arbitrarily evicted from their home
- not unlawfully or arbitrarily have essential utility services to their home withdrawn.
The right to housing means that the government must protect people from unfair treatment and improve access to adequate housing over time.
Adequate housing is housing that:
- has legal protection against eviction
- provides access to essential utilities and services
- is affordable so people can meet basic needs
- supports health and safety
- meets access needs, including for people with disability
- is close to services like schools, work and health care
- respects cultural identity and ways of living.
How the ACT will apply the right
Once the right to housing starts, public authorities must make sure:
- public housing decisions avoid discrimination, while leaving room for special measures
- decisions and processes around evictions are lawful
- the unlawful withdrawal of essential services is prevented.
Public authorities must also take steps over time to improve access to adequate housing. They must avoid decisions that weaken housing protections unless there is a strong reason that would justify those decisions.
The ACT already has laws and programs that support the right to housing, including laws about:
- renting
- discrimination
- housing assistance
- planning
- essential services.
ACT housing and planning strategies also help improve access to housing for the community.
ACT public authorities must consider human rights when they develop laws, policies and programs. Read about how we consider human rights when making laws.
Make a rights complaint
Once it applies, you can complain about:
- a breach of the right to housing
- a failure to consider the right in decision-making by a public authority.
To do this:
- Make a complaint to the public authority involved first.
- After 45 days, you can make a complaint to the ACT Human Rights Commission.