The Council of Aboriginal Services WA (CASWA) says a landmark court ruling in favour of a Pilbara public housing tenant must serve as a turning point for major improvements to public housing in remote Western Australia.
On Friday, the Supreme Court of WA found, for the first time, that public housing tenants have rights under health legislation. The case was brought against the WA Department of Housing and Works (The Housing Authority) over its alleged failure to provide housing to a remote tenant that meets basic standards.
On appeal, the court found in favour of Joanne Jacobs, an Aboriginal woman and remote public housing tenant of Wakathuni, 1500km north of Perth near the town of Tom Price.
Ms Jacobs launched legal action, supported by Australian Lawyers for Remote Aboriginal Rights and Grata Fund, against her government landlord in 2024 over ‘alleged ongoing failures to repair her home, leaving her to live in unsafe conditions, and alleged unlawful rent increases’.
Ms Jacobs reported appalling conditions as a tenant, including insect infestations and malfunctioning basic amenities, including her shower, septic facilities, exhaust fans and stove. Her home has no air-conditioning, in contrast to neighbouring houses provided for government employees.
The Housing Authority argued that it was not bound by health laws, including laws that require landlords to provide working toilets, bathrooms and laundries, adequate ventilation and water supply, and to prevent overcrowding. The Supreme Court rejected that argument and confirmed that the Residential Tenancies Act 1987 (WA) applies to the Authority in the same way as it applies to every other landlord.
The WA Housing Authority also argued that it did not have to repair or maintain anything it installed after a tenant moved in. The Supreme Court rejected that argument too, finding that the Authority’s ongoing obligations extend to the reasonable comfort of tenants. The matter now returns to the Magistrates Court, which will also consider whether all public housing tenants in Western Australia are protected by the Australian Consumer Law.
The WA Housing Authority is the landlord for public housing across the state, including in about 122 remote Aboriginal communities.
Comments attributed to Chris Bin Kali, Chairperson Council of Aboriginal Services WA:
“This decision is a win for public housing tenants across Western Australia. The Court has confirmed that the State is a landlord and, like any other, must meet the same health and repair standards to ensure families have healthy homes to live in.
“We commend Ms Jacobs for her courage in bringing this case to court. No tenant should have to go to the Supreme Court to get a working shower and septic system.
“Unfortunately, this is not an isolated case. Many public housing tenants in remote Western Australia are living in homes that fail to meet basic health standards. That works directly against the National Agreement on Closing the Gap, which commits governments to appropriate, affordable housing for Aboriginal people.
“Aboriginal community controlled organisations have raised ongoing concerns about the condition of housing in remote communities, including the lack of repairs and maintenance, directly with successive governments over decades.
“We are calling on the State Government to accept this decision and fund a repairs and maintenance program that is regionally based and delivered through Aboriginal community controlled organisations. These obligations apply to every landlord, so the funding must also reach Aboriginal community housing providers.”
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MEDIA CONTACT
Council of Aboriginal Services WA
Nicole Cox – 0419 941 443
nicole@nicolecoxmedia.com.au
