Northern Territory remote community residents have filed a class action against the Northern Territory public housing body.
The case filed by class action law firm Phi Finney McDonald Monday morning alleges Territory authorities have failed to maintain public housing in remote Aboriginal communities and that the housing is "not safe, habitable, or secure, with tenants paying excessive rent for housing that does not meet basic minimum standards".
The case is brought by lead representatives Otto Dann and Eleanor Manakgu from Gunbalanya in West Arnhem Land.
Ron Mangiru, a community leader living in Gunbalanya who cares for his unwell brother, has asked his landlord to address the lack of air conditioning in his home.
"It's really not good enough and is very complicated for us Aboriginal people living in remote communities," he said.
"White people are given houses with air con or people come and fix the air con. But we live in a hot area and have no air conditioning. I am scared about the health impacts the heat has on my brother."
Redgum Legal & Consulting solicitor and remote housing advocate Daniel Kelly said the legal action is necessary to hold the Territory government to account and ensure housing conditions are improved.
"The housing crisis has continued in remote communities for years, as have the physical and mental health impacts, and the negative effects on education and employment outcomes," he said
"The Territory government and the Commonwealth government have not communicated plans to bring all housing up to the legal standard, and tenants have no option other than to seek redress through courts.
Phi Finney McDonald Senior Associate, Madeline White, said she hopes the case has implications for remote Aboriginal communities nationwide.
"The applicants are seeking repayment of rent, damages, and orders for repairs. If the case is successful, it has the potential to not only improve housing conditions in the Northern Territory, but in all remote Aboriginal communities in Australia," she said.
The class action, which was filed in the Darwin registry of the Federal Court, also alleges it was unconscionable for the chief exeuctive (Housing) "to fail to repair houses, fail to reduce rent where houses were not in good repair and fail to properly explain tenancy agreements, in circumstances where tenants had no other option for housing"
The applicants also claim the conduct amounted to unlawful racial discrimination.
The litigation is supported by Australian litigation funder CASL.
A spokesperson for the Territory Families, Housing and Communities said the Territory government "is committed to ensuring remote public housing is safe, habitable and appropriate".
"As the matter is before the courts, it would not be appropriate to make any further comment," he said.
As part of the Howard government's intervention ("Northern Territory Emergency Response"), which began in June 2007, the Commonwealth and Northern Territory governments forcibly ended Aboriginal community control of housing in 73 remote Aboriginal communities across the Territory and took responsibility for managing that housing.
The class action builds on the work of remote community residents and advocates seeking to improve the standard of housing in remote communities.
Mr Kelly, through Australian Lawyers for Remote Aboriginal Rights, has worked with the community of Santa Teresa since 2015. Their housing case has been running since 2016 and is now before the High Court, with a hearing likely to take place next year.
In 2019 the community of Laramba also commenced action against the government for failing to provide safe and habitable housing.
In July 2020, the four Northern Territory land councils endorsed a detailed proposal to return housing services to community control over the next decade.
