Green Leader Shane Rattenbury said the bill is the culmination of a long campaign. Photo: Michelle Kroll.
The ACT has become the first jurisdiction in the country to enshrine the right to housing in legislation.
The Legislative Assembly unanimously passed the Human Rights (Housing) Amendment Bill 2025 brought by Greens Leader Shane Rattenbury late on Wednesday afternoon (17 September) with three Labor amendments to give the ACT Public Service more time to adjust and to provide a two-year phase-in period.
The bill won’t be enacted until 1 January 2027, and a sunset clause means that for two years it will be limited to three aspects: that everyone is entitled to enjoy this right without discrimination, that no one may be unlawfully or arbitrarily evicted from their home, and that no one may have an essential utility service to their home unlawfully or arbitrarily withdrawn.
After this two-year period, this list can be extended to align fully with international law.
The government stated that this would provide agencies with greater certainty, enabling them to focus on implementing the bill’s intended objectives.
Despite some anxiety from Attorney-General Tara Cheyne about whether the Greens would accept the amendments, a pragmatic Mr Rattenbury told the Assembly he accepted the government’s intentions with the sunset clause and that it would be a better day than it was yesterday for the passage of this bill.
Mr Rattenbury said the bill was the culmination of a 20-year campaign by advocacy groups.
“To get to today and finally see housing introduced as a human right is a terrific outcome,” he said.
“We can walk out of here today knowing that we’ve done something that has been a long time coming and, as so many community advocates know, will make a real difference in our community.”
Before the legislation passed, Mr Rattenbury said outside the Assembly that the bill was an important development that shifted housing to being not just a commodity but a basic need.
“The practical consequence of this is it places an obligation on government in everyday decision making to ensure people have fair and equitable access to good quality housing,” he said.
“This does not mean the government has to provide a house for everybody, but it means when legislation is coming forward, when decisions are being taken, the government needs to be considering how this improves people’s ability to access housing at a decent standard in a fair and equitable way.”
Most of the submissions to the committee inquiry into the bill stressed the precarious nature of renting in Canberra, the housing shortage, both public and private, and public housing tenants’ struggle to secure repairs and maintenance.
Mr Rattenbury and colleague Jo Clay highlighted these themes and experiences in speaking to the bill.
Liberal Chiaka Barry welcomed the amendments, saying the bill came with risks that would need to be mitigated.
These included the bill’s requirements being a disincentive to new investment in housing, the government having to guarantee housing without the means or infrastructure to do so, increased litigation and the right to housing potentially drawing more people to Canberra and inflating the public waiting list.
Ms Cheyne said the bill mimicked the government’s own work in this area, but in the end, it did not matter which party brought the legislation.
Liberal MLA Chiaka Barry said the bill comes with risks. Photo: Michelle Kroll.
ACT Human Rights Commission President Dr Penelope Mathew said the bill cemented the Territory’s leadership in this area.
Dr Mathew said the new right could be used to advocate for and further strengthen the rights of tenants, occupants and the homeless.
“Community groups will be able to use it to provide feedback on housing strategies and frameworks, and in assessing future housing initiatives,” she said.
“All ACT government authorities will have to consider the right to housing when making decisions and developing policies.”
The social services sector welcomed the passage of the bill.
ACTCOSS CEO Dr Devin Bowles said enshrining this right in law provided a safeguard for the most vulnerable Canberrans and ensured that future governments considered housing alongside other rights,” said
“This Bill will not, on its own, resolve the housing crisis, but it lays the legal foundation we need,” he said.
“To make the right to housing a reality, we must continue and scale up investment in public and community housing to ensure that no one in Canberra is left without the security of a home.”
Better Renting CEO Angela Cartwright said the bill had the potential to deliver tangible, positive outcomes for renters.
“Inadequate rental protections particularly harm renters on low incomes, renters with disabilities, older renters, and people living in marginal or precarious tenancies, entrenching inequities and demonstrating the need for a major shift in how we view housing,” she said.
Head of Policy at Advocacy for Inclusion Craig Wallace said people with disability faced a two-pronged housing crisis in Canberra due to a lack of accessible and affordable homes for those who were often on lower incomes.
“Enshrining the right to adequate housing will provide accountability mechanisms to protect our community members and provide a prompt for action,” he said.
“Too many people with disability are trapped in hospitals, group homes, nursing homes or unsafe circumstances due to a lack of accessible and affordable housing.”
Chair of the Social Justice Committee, St Vincent de Paul Society Canberra/Goulburn Kym Duggan said the bill would strengthen protections for vulnerable people, improve government accountability, and lay a foundation for fairer, more inclusive housing policies and outcomes in our community.
Executive Director of Families ACT Rebecca Zappelli said that in 2021-22, 1889 families in the ACT were without a home, the second highest cohort being families with one parent and children.
“All children and families in the ACT should have access to safe and stable housing as a basic human right, creating the foundation for better developmental, economic, social and emotional outcomes for children and families to reach their full potential,” she said.
