Residents in remote Northern Territory communities have filed a class action against the Northern Territory public housing body.

The case, filed by class action law firm Phi Finney McDonald, alleges the Chief Executive Officer (Housing) has failed to maintain public housing in remote Aboriginal communities and that the housing is not safe, habitable, or secure, with tenants paying excessive rent for housing that does not meet basic minimum standards.

The case is brought by lead representatives Otto Dann and Eleanor Manakgu from Gunbalanya in West Arnhem Land.

Ron Mangiru, 53, a community leader also living in Gunbalanya, cares for his brother who is unwell. He has requested that his landlord address the lack of air conditioning in his home.

“It’s really not good enough and is very complicated for us Aboriginal people living in remote communities. White people are given houses with air con or people come and fix the air con. But we live in a hot area and have no air conditioning. I am scared about the health impacts the heat has on my brother.”

Solicitor and remote housing advocate Daniel Kelly from Redgum Legal & Consulting says the legal action is necessary to hold the Government to account and ensure housing conditions are improved.

“The housing crisis has continued in remote communities for years, as have the physical and mental health impacts, and the negative effects on education and employment outcomes. The Territory government and the Commonwealth government have not communicated plans to bring all housing up to the legal standard, and tenants have no option other than to seek redress through courts,” he said.

Phi Finney McDonald Senior Associate Madeline White hopes the case has far-reaching impacts.

“The applicants are seeking repayment of rent, damages, and orders for repairs. If the case is successful, it has the potential to not only improve housing conditions in the Northern Territory, but in all remote Aboriginal communities in Australia,” she said.

The class action, which was filed in the Darwin registry of the Federal Court, also alleges it was unconscionable for the CEO (Housing) to fail to repair houses, fail to reduce rent where houses were not in good repair and fail to properly explain tenancy agreements, in circumstances where tenants had no other option for housing. The applicants also claim the conduct amounted to unlawful racial discrimination.

The litigation is supported by Australian litigation funder CASL.

Background

Fifteen years ago, as part of the Northern Territory Emergency Response (also known as ‘the Intervention’), the Commonwealth and Northern Territory governments forcibly ended Aboriginal community control of housing in 73 remote Aboriginal communities across the Northern Territory and took responsibility for managing that housing.

Now managed by the Chief Executive Officer (Housing) (Northern Territory) (CEO), a government agency, public housing in NT remote Aboriginal communities still falls short of minimum standards for safety, habitability and security.

The class action builds on the work of remote community residents and lawyers, seeking to improve the standard of housing in remote communities. Solicitor Daniel Kelly, through organisation Australian Lawyers for Remote Aboriginal Rights, has worked with the community of Santa Teresa since 2015. Their housing case has been running since 2016 and is now before the High Court, with a hearing likely to take place in 2023.

The community of Laramba is also taking action against the government for failing to provide safe and habitable housing. Their housing case, commenced in 2019, argues that houses that contain drinking water with elevated levels of uranium are not safe and habitable.

The class action allows the 73 remote communities of the Northern Territory to together pursue compensation for the inadequate housing they have been left with.