Compensation case for Indigenous residents in remote NT communities reaches the High Court

Giovanni Torre
Giovanni Torre Published March 15, 2023 at 1.52pm (AWST)

The High Court of Australia will begin hearing a case Thursday on whether compensation is available for distress or disappointment suffered by First Nations people living in dilapidated housing in remote communities.

The case, beginning on Close The Gap Day, is understood to be the first residential tenancy case being heard by Australia's highest court in a generation.

Advocates for the plaintiffs say that while the case is brought by remote Indigenous public housing tenants, the High Court's decision will "likely impact all renters across Australia".

The case is "a culmination of a fight for housing justice" which began more than seven years ago when tenants Enid Young and Mr Conway (who passed away during the case) from the remote Northern Territory community, Santa Teresa, began proceedings with 68 other tenants from that community.

In a statement on Wednesday, Australian Lawyers for Remote Aboriginal Rights said that legal battle has already established that the legal standard for 'habitable' premises requires that the premises "be not only safe, but also reasonably comfortable".

This High Court hearing "is the next step" and examines if compensation should be paid for the distress and disappointment suffered by tenants when housing does not meet legal standards.

Advocates said badly maintained houses have left many people in Santa Teresa "without electricity, hot water, cooking facilities or functioning toilets for weeks, months and even years at a time".

It is alleged that the lead tenant in this case, Ms Young, endured more than five years without being provided a door for an external doorway of her home.

it is alleged that another tenant, a young mother, regularly had to wake up multiple times a night to mop up leaking sewage to protect her young children's health.

Ms Young, the late Mr Conway, and the community of Santa Teresa are being represented by Australian Lawyers for Remote Aboriginal Rights at no cost to the community.

Grata Fund has provided funding and support to the community throughout the legal journey.

Australian Lawyers for Remote Aboriginal Rights solicitor Dan Kelly said the case is the culmination of a long struggle for housing justice, led by the remote community of Santa Teresa.

"Housing is a human right, and the deplorable state of housing in remote communities, its impacts on health, education and employment opportunities, should not be tolerated in a country as wealthy as Australia. As it stands, legal action such as this is the only way remote communities can enforce their basic rights to habitable housing," he said.

Grata Fund executive director, Isabelle Reinecke, said tenants from Santa Teresa have been fighting for decent homes for their families, against "the sometimes very hostile" NT Government, for years.

"Today, they've reached the highest court in the country where they will argue that renters should be compensated for the distress caused by their landlord's failure to complete repairs to ensure their homes were safe and habitable," she said.

"Through this landmark case, First Nations community members from the small remote town of Santa Teresa are leading the way and fighting for better housing conditions for all Australians."

Joel Dignam from Healthy Homes for Renters said landlords should be held accountable for making sure that rental homes are habitable, and "this means more than just a few walls and a roof, it means that people should be able to live a full and decent life in their homes".

Australian Lawyers for Remote Aboriginal Rights noted that Santa Teresa and other remote Indigenous communities are experiencing significant distress as a result of the NT Government's recent introduction of the new rent rate hike "that will see rent increases for 68% of remote renters".

Aboriginal Housing NT chief executive Skye Thompson said Aboriginal families living remotely across the Territory have been "left to live in dilapidated homes that make elderly people sick, are unfit for young children and unsafe for far too long".

"We need homes that are culturally appropriate, energy efficient, keep our families safe with services delivered through an Aboriginal community-controlled system. We're ready to work on the solutions, and we look forward to continuing to work in true partnership with the Northern Territory and Australian Governments to deal with the systemic issues that remote housing has been plagued with for far too long," she said.

A Northern Territory government spokesperson told National Indigenous Times that the current Territory government has built 1,000 new remote homes since taking office in 2016.

The spokesperson noted that including those 1,000 new homes, the government has "built, upgraded and extended" more than 3,530 homes across all remote housing programs, including works underway.

"We are continuing to deliver the record investment of $2.1 billion, jointly funded with the Australian government," she said.

In a statement NT Chief Minister Natasha Fyles said the government had come to office with "a clear agenda to transform remote housing".

"The Territory Labor Government has built, upgraded and extended more homes in the bush than any other NT government," she said.

"Community involvement is at the core of the planning, design and construction process. Locals are not only consulted and involved completely in the process, they are employed on the project.

"With contracts running several years, Aboriginal Territorians have the opportunity to complete formal training including certificates and apprenticeships, supporting sustainable local employment and economic development."

NT Minister for Housing and Homelands Selena Uibo said the government's construction of 1,000 new homes in remote communities across the Northern Territory contrasts sharply with the previous Country Liberal Party government, which "only built one home in their last two years" in office.



   Related   

   Giovanni Torre   

Download our App

@natindigtimes
Article Audio

Disclaimer: This function is AI-generated and therefore may mispronounce.

National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.