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Independents push for adequate housing to be considered a human right

A private member’s bill has been introduced to both chambers of Parliament, raising the question of whether adequate housing provision should be recognised as a human right in Australia.

user iconGrace Robbie 25 June 2024 Big Law
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This week, ACT independent Senator David Pocock and member of North Sydney Kylea Tink have collaborated to introduce the National Housing and Homelessness Plan Bill 2024 into both the Senate and the House of Representatives.

The proposed bill advocates for the recognition of adequate housing as a fundamental human right for all Australians by mandating the federal government to develop a comprehensive and long-term strategy to reform and improve Australia’s struggling housing system.

If this bill gets passed in Parliament, it would mandate for both current and future governments to “develop, implement and maintain” a 10-year National Housing and Homelessness Plan aligned with legislative goals, including enhancing housing availability, affordability, and eradicating homelessness.

 
 

Pocock and Tink underscored how this legislation “would create a framework in which to develop the detailed plan with guidelines for genuine consultation, preserving the ability to negotiate with states and territories while increasing transparency, accountability and the plan’s standing and durability”.

Additionally, the bill will institute a National Housing Consumer Council tasked with advocating for and representing Australian tenants and home buyers. It will also establish the National Housing and Homelessness Advocate, which will operate independently to oversee the progress of the NHH Plan, assess its outcomes, and investigate systemic housing issues.

The introduction of this bill coincides with the ongoing debate in the Australian Parliament regarding the ratification of a federal Human Rights Act. This debate has been stimulated by Australia’s parliamentary joint committee releasing its Inquiry into Australia’s Human Rights Framework report and the current scrutiny towards the effectiveness of Australia’s current Human Rights Framework.

The proposal for this bill comes in response to an open letter signed by 117 prominent academics, industry experts, former politicians representing various political parties, peak body members, and advocates. The letter urged the Housing Minister to introduce legislation that addresses Australia’s pressing housing crisis and the alarming rates of homelessness.

Pocock emphasised the imperative for ambitious initiatives and resolute measures to combat Australia’s profound housing crisis effectively.

“We need big ambition and bold action if we are to stand any chance of solving Australia’s crippling housing crisis.

“The complexity of this crisis requires a long-term strategy and commitment that endures beyond short-term political cycles. Legislating the ongoing requirement for a National Housing and Homelessness Plan can help deliver that,” Pocock said.

Pocock further said: “Having a transparent framework, with agreed national objectives embedded in legislation and greater accountability, can help transform how we treat housing from being a vehicle of wealth creation to a fundamental human right.

“This bill seeks to build on and future-proof the work currently underway, and responds to the calls from a huge cross-section of stakeholders to enshrine a beefed up National Housing and Homelessness Plan in legislation.”

Tink articulated the need for comprehensive, long-term housing policies to replace ineffective short-term measures that have led to detrimental outcomes.

“Every Australian deserves the right to an adequate standard of living, which includes the right to adequate housing. Access to safe and secure housing is one of our most basic human rights and is fundamental to individuals, families, communities and our nation thriving.

“For too long, our approach to housing policy has been piecemeal, short-term or simply put in the ‘too-hard basket’, and the results have been disastrous,” Tink said.

Tink added: “Amid a new wave of homelessness, worsening rental affordability and intergenerational inequity, and housing affordability surging to ‘impossible’ levels, we urgently need to come together to deliver a meaningful, legislated, national approach to ensure all Australians have adequate housing.

“One that recognises housing as a fundamental human right, not a commodity, and ensures bad politics cannot override what should be smart, essential policy ever again.”

Signatories for the open letter for the National Housing and Homelessness Plan Bill 2024 include former senator for NSW Doug Cameron, the former NSW planning minister Rob Stokes, the former Liberal MP for Bennelong John Alexander, Vinnies CEO Toby O’Connor, and the executive director of the Australian Sustainable Built Environment Council, Alison Scotland.