In a landmark decision on Friday, the Supreme Court of Western Australia found for the first time that public housing tenants across Western Australia have rights under health laws.

Advocates say the decision will have implications for renters and public housing tenants across Western Australia.

The case was brought against the WA Housing Authority over its ongoing failure to provide a liveable standard of housing to remote tenants. The Court found in favour of Joanne Jacobs, an Aboriginal woman and remote public housing tenant, of Wakathuni in the Pilbara.

Ms Jacobs brought the case after experiencing "appalling conditions" as a tenant, including insect infestations, and malfunctioning of basic amenities, including her shower, septic facilities, exhaust fans and stove.

Unlike neighbouring houses provided by the WA Housing Authority for government employees, Ms Jacobs' property has no air conditioning, making the home uninhabitable for months of the year due to soaring temperatures.

The WA Authority argued that it was not bound by health laws, including laws requiring landlords provide working toilets, bathrooms, laundries, adequate ventilation, water supply, and prevent overcrowding. However, the Supreme Court rejected that argument on Friday, confirming that as the WA Authority is a landlord, and that the provisions of the Residential Tenancies Act 1987 directly apply to it equally to all other landlords.

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 also rejected that argument, concluding that the Authority's ongoing obligations extend to ensuring reasonable comfort to all tenants.

The decision overrules a previous Magistrates Court decision, with the Court finding that decision making had been so flawed as to deny Ms Jacobs natural justice.

The matter will now be referred back to the Magistrate's Court, with the Supreme Court confirming that the Magistrate's Court can and should proceed to determine whether tenants in WA are also protected by Australian Consumer Law.

Ms Jacobs is represented by solicitors at Australian Lawyers for Remote Aboriginal Rights (ALRAR), and barrister Matthew Albert, at no cost to her. Grata Fund, a charity that supports communities to bring cases to uphold their rights, provided financial and media support.

Daniel Kelly, Principal Solicitor at Australian Lawyers for Remote Aboriginal Rights, said the result was "a significant win for Ms Jacobs and all public tenants in Western Australia".

"Sadly this appalling treatment of tenants by the WA Housing Authority is not a one-off," he said.

"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.

"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."

Mr Kelly noted housing is a health issue.

"A home in poor condition undermines physical and mental health, disrupts children's learning, and destabilises families. These failures directly work against Closing the Gap priorities to ensure Aboriginal families have safe, healthy and fit‑for‑purpose homes," he said.

Isabelle Reinecke, Executive Director and Founder at Grata Fund, said Ms Jacobs and her legal team had "secured a huge win for remote and public housing tenants across Western Australia".

"We hope the Western Australian Government is watching closely, and acts to ensure WA Housing immediately complies with the law by providing healthy, safe, livable homes to the families and communities who are their tenants," she said.

"There is no excuse for a landlord - least of all WA Housing - to provide substandard housing to Aboriginal people, while providing healthy, safe and livable homes to Government employees next door.

"We congratulate and thank Joanne for her bravery in standing up for all tenants in Western Australia. Justice has been done today."