18 September 2025

Housing as a human right is nothing without actual homes

| By Ian Bushnell
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Rows of high density housing

Building enough homes is the key. Photo: Michelle Kroll.

I’m all for human rights. In a world where they seem to be shrinking by the day, it’s great to have another one enshrined in ACT law.

As is often the way, the ACT is a leader in this field, and the Human Rights (Housing) Amendment Bill 2025, passed unanimously on Wednesday in the Legislative Assembly, is the first of its kind in the country.

So congratulations, ACT.

READ MORE Assembly passes nation-leading housing rights bill

It’s been a long campaign to put a right to housing into law – the bill’s sponsor, Greens leader Shane Rattenbury, told the Assembly how it had been on the ACT Council of Social Services wishlist for 20 years.

Mr Rattenbury says it will mean a shift away from the commodification of housing to thinking about it as a social necessity.

Can’t argue with that. Without a roof over your head, it’s nigh on impossible to hold down a job and participate fully in Australian society.

Having come dangerously close to becoming homeless myself, I know how mortifying the threat of eviction can be.

Fortunately, unlike many people on the margins, that dark moment passed.

So, in principle, the right to housing is self-evidently a good thing.

But beyond the feel-good moment, without the housing stock to support that right, it could seem a bit hollow.

The ACT, and the country, is trying to do something about that. We all know the Barr Government’s target is 30,000 new homes by 2030, and the Commonwealth’s is 1.2 million new well‑located homes by 1 July 2029.

Yet, the demand continues to run ahead of supply.

The Housing Industry Association supported the bill but warned about the costs of regulation on business and housing affordability.

The Canberra Liberals voted for the bill but also raised several potential risks, including a lack of actual housing, as well as increased litigation and possible unintended disincentives for housing providers (which would be counterproductive if that were to happen).

This bill, which will be enacted on 1 January 2027 and then phased in over two years to provide time for the government, the private sector, and the public to adjust, will provide a foundation for when, hopefully, housing catches up with demand.

Mr Rattenbury says the new right doesn’t guarantee everyone a house but means the government will have to take it into account in its decision-making, and consider stronger protections for tenants, public and private.

READ ALSO Going after your dream home? Here’s how to negotiate effectively

ACTCOSS CEO Dr Devin Bowles acknowledges that actual physical homes are essential.

“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,” he said.

All the social sector groups are convinced that the legislation will make a difference for people struggling with housing and improve government approaches to the issue.

I sincerely hope it does, but we also have a human rights-based prison that has not lived up to expectations.

A regulatory approach to housing isn’t enough. A sufficient supply of adequate, affordable private housing with the back-up of public and community housing will minimise the need for people to exercise their rights.

However, if the legislation does shift our thinking and supports the provision of new housing, then all power to it.

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I think I like the concept of Human Rights legislation, however, I’m not certain what it really means.

The Right to a Healthy Environment, Right to Housing, and so on, once enacted, do they become overriding obligations that control or impact future legislation and government decisions?

For someone without secure housing, or someone seeking rental accommodation, how does the Right to Housing assist them? Does this impact the rights of individual property owners, who might, for various reasons, leave a property vacant, let it out on platforms like Airbnb, as opposed to the long-term rental market?

I’ve heard it said that Australia doesn’t have a housing problem, but a housing availability problem.

I believe that platforms like Airbnb are part of the problem. The returns for property owners can be higher, but for every Airbnb property, that’s one less that is available for a family to rent.

In Victoria, their Airbnb tax is nothing more than a tax raiser. The 7% levy is added to the cost paid by those who rent the property. Hotels and Motels are exempt. For a family travelling, an Airbnb is often still cheaper than a Hotel, so all that has happened is that the tax adds to the holiday expenses of families. It’s just a tax on holidaymakers. It doesn’t encourage owners to switch over to long-term tenants, and let’s face it, landlords are increasingly finding that tenants’ rights, Land Tax, etc, are all eroding their returns.

While I don’t have any Investment properties, my SIL uses Airbnb to rent out her owner-occupied, and then sleeps in her old caravan or at a friend’s house. She has a health condition and has no other paid income. Some could argue that because she has a spare room, she should rent it out to someone in need of secure housing, however she still needs to pay her bills.

While I’m not in favour of Airbnb, I firmly believe that people should have the right to do what they choose, with properties they own.

The Right to Housing. What does it really mean? Does it force the government to prioritise housing above other projects, does it impact the government’s future Budgets?
Does it impact private property owners, or is it simply a feel-good thing?

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