The Council of Aboriginal Services WA and Shelter WA have expressed disappointment at the details revealed by a case involving an Indigenous tenant in Western Australia, which highlighted allegations of housing neglect in the Pilbara, saying issues of substandard public housing in remote communities are "widespread and need urgent attention".
The legal challenge was brought against the WA Housing Authority by Joanne Jacobs, a First Nations public housing tenant living in the remote community of Wakathuni.
Ms Jacobs experienced many issues with her house, including a malfunctioning stove, septic blockages, faulty shower facilities, faulty exhaust fans, and insect infestations.
The lack of air conditioning also means that in the soaring temperatures, reaching close to 50 degrees C in the Pilbara, her house is often uninhabitable during the summer months, despite neighbouring houses for government employees being provided by the Authority with air conditioning.
Case argued WA Housing Authority owes a consumer guarantee to tenants
Ms Jacobs' legal team argued that the WA Housing Authority breached its obligations to repair and maintain her home under national consumer laws. They argued the WA Housing Authority, as a landlord and provider of housing, owes a consumer guarantee to tenants to maintain rental properties so that they are reasonably fit for use as a home and place of residence.
The judgement was handed down Monday, with the court finding in favour of the state government.
This was the first time the question of whether a tenant-landlord relationship is a consumer-supplier relationship has been decided by a court. A victory could have opened up a new legal pathway for renters and could provide stronger legal protections for renters nation-wide facing an increasingly hostile rental market.
Ms Jacobs' legal team also argued that by leaving her to live in unsafe conditions and excessively increasing rent, the WA Housing Authority is in breach of WA tenancy laws, and local health laws.
'No Western Australian should have to live in substandard public housing that impacts their health and wellbeing'
CASWA and Shelter WA said details of the case, which was supported by the Australian Lawyers for Remote Aboriginal Rights and Grata Fund, were "shocking and highlighted the day-to-day battles faced by public housing tenants in remote WA".
They noted in a joint statement on Monday that Aboriginal community 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 the past decade.
CASWA and Shelter WA urgently called for "properly resourced, regionally based and community‑led housing investment to ensure every person can live in a safe and healthy home".
Chad Stewart, CEO Council of Aboriginal Services WA (CASWA), said "no Western Australian should have to live in substandard public housing that impacts their health and wellbeing, but sadly, this is a reality of many Aboriginal families in remote WA".
"Aboriginal families in remote WA continue to live in homes that fail basic safety and health standards, with issues like malfunctioning toilets, mould, pest infestations, and lack of cooling systems commonplace, posing a significant risk to children and families," he said.
"Tenants across multiple remote communities consistently report dangerous, substandard living conditions, including unsafe drinking water, inadequate cooling, structural damage, and long-delayed repairs, reflecting systemic neglect rather than isolated cases.
"Housing is a health issue. A home in poor condition undermines physical and mental health, disrupts children's learning, and destabilises families. The lack of housing in remote communities also encourages overcrowding, which can be a major health hazard. These failures directly work against Closing the Gap priorities to ensure Aboriginal families have safe, healthy and fit‑for‑purpose homes."
Access to tradespeople for repairs and maintenance a key issue
Mr Stewart noted that the significant distance, cost, and time involved in getting tradespeople to remote communities in WA continues to cause major delays.
"Prioritising the training and employment of local residents for minor repairs would help reduce these long wait times and improve the reliability of essential maintenance," he said.
Shelter WA chief executive Kath Snell said the organisation is committed to working together to Close the Housing Gap and advocating for a housing system that enables everyone to thrive.
"We acknowledge the Cook Government has made investments into refurbishments, repairs and maintenance in remote public housing recently, but clearly more needs to be done as a matter of urgency," she said.
"We have also advocated that the best solution is to reverse the centralisation of repairs and maintenance contractors - and invest in the skills, services and employment opportunities in local communities instead."
Western Australian rental standards 'some of the weakest in Australia'
Ms Snell said Shelter WA has strongly advocated for the introduction of minimum standards in all rental homes, noting that Western Australia has "some of the weakest standards for rental homes in Australia".
Ms Jacobs was represented by solicitors at Australian Lawyers for Remote Aboriginal Rights, and barrister Matthew Albert, at no cost to her. Grata Fund provided financial backing and media support.
In its survey of remote communities in WA, Australian Lawyers for Remote Aboriginal Rights (ALRAR) consistently found that the WA government's method for calculating rent lacked transparency, leaving tenants unable to determine the rent they should be paying, and allowing the Housing Authority to freely adjust rent amounts without a clear limit. They also found that the maintenance neglect faced by Ms Jacobs is commonly experienced by Aboriginal tenants in remote WA.
The WA Housing Authority provides housing in 122 remote Aboriginal communities (to approximately 36,278 households directly and approximately 8,000 in partnership with community housing organisations).
Ms Jacobs' case builds upon a 2023 High Court ruling, which found that remote public housing tenants are owed compensation over dilapidated housing due to neglect by the NT Government.
More to come.
