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Class action filed on behalf of Aboriginal tenants in WA
A national law firm has initiated a class action suit on behalf of thousands of Aboriginal tenants residing in “substandard public housing” due to lessors breaching laws over a 14-year period.
Grace Robbie
Slater & Gordon has filed a class action lawsuit in the Federal Court against the Housing Authority and the state of Western Australia, representing numerous Aboriginal tenants residing in public housing across remote areas of Western Australia.
The plaintiff firm is specifically alleging that the Housing Authority and the state of Western Australia have failed to:
- “Adequately maintain, repair and carry out structural and other improvements to public housing rental properties, and/or to do so within a reasonable time;
- “Provide public housing that was reasonably secure;
- “Provide public housing that was reasonably comfortable; and
- “Ensure that public housing rental properties complied with basic health and safety laws.”
State & Gordon said: “As there were limited providers of housing in remote Aboriginal communities, the respondents knew, or ought to have known, that Aboriginal tenants had few alternative options, lacked negotiating power and information about their rights, and were, therefore, particularly vulnerable.”
The firm expressed that these government entities also exploited the limited housing options in these remote Aboriginal communities by “charging them high rent for poor-quality properties and that the amount of rent changed varied without sufficient explanation”.
Within the national law firm’s class action, it disclosed that a multitude of Aboriginal tenants had entered into leases for public housing properties in various regions of Western Australia, including “East Kimberley, West Kimberley, Pilbara, Wheatbelt, Mid West, Gascoyne, and Goldfields-Esperance”.
In its filing, Slater & Gordon noted that the principal applicant and the members of the group are seeking to obtain:
- “Financial compensation for the losses and damages they have suffered, including repayment of rent where the property was without basic working amenities, and for inconvenience, disappointment and distress that housing-related concerns have allegedly caused; and,
- “Repayment of expenses they have incurred to rectify housing defects and issues, such as buying and installing air conditioners, door locks, increased power costs, among other costs.”
“Every person, regardless of where they live, deserves safe and reasonable housing.
“For too long, Aboriginal people living in remote communities have been expected to ‘put up and shut up’ in relation to their housing rights. By filing this class action on their behalf, we are demanding better housing justice for Aboriginal Western Australians,” Leigh-Dodds said.
Leigh-Dodds also made reference to a study conducted by the national law firm at the beginning of the year as part of their inquiry into this class action. She articulated that of the nearly 200 public housing properties in these remote communities, “numerous residences lack functional toilets, showers, cooking facilities, lighting, potable water, doors, secure locks, reliable electricity, and/or sufficient heating and/or cooling”.
She further added: “Tenants have also allegedly been forced to live in properties with broken windows, blocked pipes and inadequate hot water, exposed electrical wiring, widespread mould and insect and/or rodent infestations.”
On numerous occasions, Slater & Gordon disclosed that tenants have repeatedly requested repairs. However, they were either “ignored” or “not premeditated within a reasonable time frame” by the Housing Authority or the state.
Additionally, the class action contends that as a consequence of such behaviour, the government entities’ inaction has “left tenants vulnerable to health problems”.
The national law firm explained that “a lack of adequate perimeter fencing and holes in walls and doors has resulted in animals – including venomous snakes and large cattle – entering premises and potentially putting tenants’ lives at risk”.
Leigh-Dodds highlighted the longstanding efforts of remote community members and their advocates in seeking improvements to their living conditions, which have met with limited success over the years.
“Aboriginal Australians are paying hundreds of dollars a fortnight to live in houses that don’t provide even the most basic needs,” she said.
“Through this class action, we’re holding those responsible for WA’s public housing accountable. We’re saying, you can’t collect rent and not uphold your end of the bargain.”
