Advocates are calling for answers on how the NT government will respond to the cost of living crisis following Friday's NT Court of Appeal decision upholding the 'remote rent framework', which continues to put financial pressure on remote communities across the Territory.
The rent model — first introduced in December 2021 and fully introduced in February 2023 after several delays due to widespread backlash — introduced a flat rate charge based on the number of bedrooms in a dwelling. It saw rent increases of up to 200 per cent for more than two thirds of remote Aboriginal tenants in the NT. 5,313 premises were impacted in total.
The communities impacted by these rent hikes are the same as those in a recent series of cases finding the NT Government liable for dilapidated housing conditions, including a recent High Court ruling concerning a house left with no external door for more than five years, and another NT Court of Appeal decision delivered last Christmas eve concerning excess uranium in tenant's drinking water.
Dismissing claims that the NT government was required to directly consult with tenants, the Court found the Minister was acting within her powers in seeking to take an additional $9.7 million per annum from some of the most financially disadvantaged communities in Australia.
The reform has been roundly criticised by the Territory's Land Councils and Aboriginal community-controlled organisations, who say that they were not meaningfully consulted, and who warned that rent hikes will compound poverty, homelessness, and food insecurity.
Research by UNSW and the University of Sydney has also found that the NT faces the nation's worst rates of housing stress.
The rent case was brought by three remote tenants in Gunbalanya and one in Laramba. The residents bringing the case are represented by Australian Lawyers for Remote Aboriginal Rights (ALRAR) and barristers Matthew Albert and Julian Murphy, at no cost to those communities or the tenants. Grata Fund has provided funding and support to the communities throughout the legal journey.
Australian Lawyers for Remote Aboriginal Rights (ALRAR) solicitor Dan Kelly said the NT Government is increasing rents for houses that are "frequently found not to meet basic standards of habitability" in the midst of a cost of living crisis.
"The government shouldn't be increasing prices when they are not providing a decent baseline service," he said.
"These communities already face the nation's worst rates of housing stress. Adding further pressure is not going to help these communities and is only going to exacerbate the problem.
"Our client's will consider the outcome of today's decision, but the fight for better housing and a fair rent system is not over. If governments truly want to close the gap, to improve health outcomes and address the social problems in remote communities, they have to face up to the crisis in remote housing rather than simply imposing further pressure."
Grata Fund Director of Campaigns and Communication Belinda Lowe commended the courage of Mr Badari and all plaintiffs "who have faced up against the NT Government over many years to fight for housing justice".
"It's extraordinary that the NT government is appearing to revenue raise from remote First Nations communities, who are already battling poverty and housing shortages, especially while pouring $10 million a year into fracking subsidies," she said.
"The previous government failed to properly consult with remote tenants before it chose to hike up their rents. The new government now has an opportunity to deal with the cost of living crisis, and design a fairer system in partnership with remote communities."
