Wednesday, 18 June 2025

Bills

Charter of Human Rights and Responsibilities Amendment (Right to Housing) Bill 2025

Statement of compatibility

Anasina GRAY-BARBERIO (Northern Metropolitan) (09:52): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:

In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, I make this statement of compatibility with respect to Charter of Human Rights and Responsibilities Amendment (Right to Housing) Bill 2025.

In my opinion, the Charter of Human Rights and Responsibilities Amendment (Right to Housing) Bill 2025, as introduced to the Legislative Council, is compatible with the human rights protected by the Charter Act. I base my opinion on the reasons outlined in this statement.

Overview of bill

The main purpose of the bill is to amend the Charter of Human Rights and Responsibilities Act 2006 to establish a right to adequate housing within the Charter.

Human Rights Issues

In my opinion, the right to adequate housing is a fundamental prerequisite for the realisation of many of the human rights already protected by the Charter. The human rights protected by the Charter that are relevant to (and strengthened by) the bill are:

• The right to recognition and equality before the law (section 8)

• The right to life (section 9)

• The right to protection from torture and cruel, inhuman or degrading treatment (section 10)

• The right to freedom from forced work (section 11)

• The right to freedom of movement (section 12)

• The right to privacy and reputation (section 13)

• The right to protection of families and children (section 17)

• The right to take part in public life (section 18)

• Cultural rights (section 19)

• Property rights (section 20)

• The right to liberty and security of person (section 21)

The right to recognition and equality before the law (section 8)

Section 8(2) of the Charter provides that every person has the right to enjoy their human rights without discrimination. This means that you cannot be treated unfavourably because of your personal characteristics protected by the law. 

Introducing a right to adequate housing that sufficiently accommodates the person’s attributes, within the meaning of the Equal Opportunity Act 2010 (new s 12A(2)(b)(vi)) strengthens this right by affirming that housing should be fully accessible to all free from discrimination.

The right to life (section 9)

Section 9 of the Charter provides that every person has the right to life and has the right not to be arbitrarily deprived of life.

Introducing a right for every person to adequate housing that provides for the person’s safety (new s 12A(2)(b)(iv)), and security of tenure (new s 12A(2)(c)) would strengthen this right, as inadequate housing can directly impact the right to life. For example, living in unsafe or unsanitary conditions can lead to health problems and increased vulnerability to disease. Homelessness can expose individuals to violence, crime, and other risks, potentially leading to loss of life. 

Domestic and family violence is the leading cause of homelessness for women, and lack of access to safe housing creates an enormous hurdle that prevents many women and their children from escaping violence that can lead to loss of life.

Enshrining and fulfilling the right to adequate housing not only strengthens the right to life, but it is crucial for protecting the right to life. 

Enshrining a right to adequate housing in the Charter would come with an obligation for public authorities to uphold this right. This shifts issues such as homelessness from being treated as a matter of charity or crisis response to a breach of a legal obligation.

The right to protection from torture and cruel, inhuman or degrading treatment (section 10), The right to liberty and security of person (section 21)

Homelessness violates a number of human rights contained within the Charter, including security of person (Section 21) and protection from cruel, inhuman or degrading treatment (Section 10). Introducing a right for every person to adequate housing would also strengthen these rights.

The right to freedom from forced work (section 11)

Section 11(2) of the Charter provides that a person must not be made to perform forced or compulsory labour. Introducing a right to adequate housing enhances the right to freedom from forced work, as homelessness and inadequate or unsafe housing can impact on the ability to avoid coerced or forced work.

The right to freedom of movement (section 12)

Section 12 of the Charter provides that every person lawfully within Victoria has the right to move freely within Victoria and to enter and leave it and has the freedom to choose where to live.

The bill creates a right to adequate housing that is located reasonably close to public services and employment opportunities for the person (new s 12A(2)(b)(vii)). In my view, this will enhance and not limit the operation of the right to freedom of movement. What is adequate for the person will differ from person to person. The bill ensures that people will not be forced to relocate to housing that is poorly located or removed from their work and communities, while still protecting the freedom of a person to choose where to live.

The right to privacy and reputation (section 13)

Section 13(a) of the Charter provides that a person has the right not to have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with. The new Charter right to housing in the bill enhances this right by defining adequate housing as housing that provides for safety (new s 12A(2)(b)(iv)), and sufficient space for a person (new s 12A(2)(b)(v)).

The right to protection of families and children (section 17)

Section 17 of the Charter provides that every child has the right, without discrimination, to such protection as is in their best interests and is needed by the child by reason of being a child.

The new Charter right to housing in the bill enhances this right by outlining that adequate housing includes housing that provides sufficient space (new s 12A(2)(b)(v)). Living in overcrowded housing puts children at an increased risk of emotional and behavioural problems and reduced school performance.

The new Charter right to housing in the bill enhances the right to protection of families and children further by outlining that adequate housing includes housing that is affordable (new s 12A(2)(b)(i)).

Children in lower-income households where housing costs amount to more than 30% of household income are considered to be in housing stress, and are at risk of adverse health and wellbeing outcomes.

Housing stress in turn can impact parental mental health and reduce funds available to spend on food, healthcare and education. Housing affordability is often associated with better health, academic achievement and school engagement for children.

The new Charter right to housing in the bill also enhances the right to protection of families and children by outlining that adequate housing includes housing that provides for the person’s safety (new s 12A(2)(b)(iv)), and where the person is protected against unfair eviction (new s 12A(2)(d)). For children who are experiencing homelessness or who are living in insecure housing, the lack of a secure and permanent home can interrupt their schooling and negatively impact their health and wellbeing. 

The right to take part in public life (section 18)

Section 18(2)(a) of the Charter provides that every person has the right to take part in public life, including the right to vote in state and local council elections and the right to access public services. Without proof of residency, people experiencing homelessness and insecure housing encounter barriers to voting and participating in civic life. Introducing a right for every person to adequate housing therefore strengthens the right to take part in public life.

Cultural rights (section 19)

Section 19 of the Charter provides that all persons with a particular cultural, religious, racial or linguistic background must not be denied the right, in community with other persons of that background, to enjoy their culture, to declare and practise their religion and to use their language.

Introducing a right to adequate housing that sufficiently accommodates the person’s attributes, within the meaning of the Equal Opportunity Act 2010 (new s 12A(2)(b)(vi)) and that provides for cultural adequacy (new s 12A(2)(e)) strengthens this right by affirming that housing should be fully accessible to all and free from discrimination, including taking into account a person’s cultural needs.

Property rights (section 20)

Section 20 of the Charter provides that a person must not be deprived of their property other than in accordance with law. Introducing a right to adequate housing that protects against unfair eviction (new s 12A(2)(d)) improves the operation of this right. It prevents a person from being unfairly evicted from their home but does not limit the right of a property owner to manage a residential tenancy agreement, as it retains the ability for eviction in accordance with the law.

There is an international consensus that housing is a fundamental human right. It is found in the Universal Declaration of Human Rights (1948), in the International Covenant on Economic, Social and Cultural Rights, as well as other human rights treaties ratified by almost all national governments around the world. At the national level, the right to housing is recognised in Australia’s National Action Plan on Human Rights. In the international human rights context, the concept of a right to adequate housing is found in article 11(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Australia signed the ICESCR in 1973 and ratified it without reservations in 1975. The right to housing is more than simply a right to shelter. It is a right to have somewhere to live that is adequate. As outlined in the ICESCR, whether housing is adequate depends on a range of factors, including those outlined in new s 12A(2)(b).

The right to adequate housing not only strengthens many existing rights within the Charter, but including this right in our Charter would bring it further into alignment with international human rights law. This would ensure greater consistency, a more inclusive and equitable legal framework, promote policy coherence and help courts and tribunals interpret rights using globally accepted principles.

Therefore, in my opinion this Bill strengthens the Charter. For these reasons I consider that the bill is compatible with the Charter.

Anasina Gray-Barberio

Second reading

Anasina GRAY-BARBERIO (Northern Metropolitan) (09:52): I move:

That the bill be now read a second time.

It is with great hope and urgency today that I introduce this important bill, the Charter of Human Rights and Responsibilities Amendment (Right to Housing) Bill 2025, into the Victorian Parliament.

This is a bill for the right to housing to be enshrined in Victoria’s Charter of Human Rights and Responsibilities.

Currently our governments and systems treat housing as a commodity to be bought, sold and invested in. The result? Ongoing homelessness, housing and rental crises.

Housing is at the heart of so much that connects us, our family and our communities. Housing impacts our access to health, education and work. Shelter is a basic necessity, like food, water, health care and education. Everyone needs a place to live in order to participate fully in society, to feel secure, to be able to work or volunteer, to build families and cultivate connections in their communities.

But for too many Victorians, a stable and secure home is out of reach. More than 120,000 people are on the state’s public housing waiting list. Let me repeat that: 120,000 people. There has been no real investment for public housing by successive Labor and Liberal governments in decades, and much of our existing housing stock is suffering from deliberate neglect.

In this country, since the 1980s, housing has been viewed by policymakers as ‘primarily as a commodity to be traded and as a vehicle for wealth creation’. This perspective has, above all else, been the main contributor to our current interrelated homelessness, housing and rental crises. And these are all, fundamentally, human rights crises – a deliberate and systematic withholding of the basics necessary for a decent life.

At the federal level, Labor and the Liberals seem more than happy with the status quo. Tax handouts to wealthy property investors, such as negative gearing and the capital gains tax discount, are on track to skyrocket to over $180 billion over the next 10 years. And we know these tax handouts play a major part in pushing up house prices.

It appears that on this issue, the federal government, a Labor government – a party that long ago was a champion of the disadvantaged in this country – refuse to do anything other than tinker while the wealthy get wealthier at the expense of everyday people’s basic rights, and the right to housing is no exception.

And so too here, for decades, Victorian governments have neglected public housing and homelessness services. State Labor might concede that they’re now trying to play catch-up on housing, but they are nonetheless still selling off public housing and public land to property developers. Instead, we ought to be putting people first and building publicly owned homes by the tens of thousands; this is what we desperately need in order to house people in need and protect people from the ever-increasing savagery of the private rental market.

Just like public health and public education, governments have a responsibility to intervene in ambitious and concrete ways to ensure that everyone, no matter their circumstances, has access to a safe and secure place to call home.

Yet successive governments continue to create, contribute to and at best do nothing about the circumstances that mean that fewer and fewer people are living in housing conditions that align with their human rights and their dignity.

We have people who are every day threatened with forced eviction and the risk of homelessness. Compared to many countries in Europe, the protections we offer tenants are dismal. Discrimination in the housing sphere is rampant, as is the degree of access people have to basic housing-related support services. Under this government we have had attempts at reform, but little to no real enforcement of the minimum standards and protections that were already on the books. At best we see some gentle slaps on the wrists on only the most outrageous perpetrators of assaults on tenants rights – leaving most of the dodgy landlords and developers unfazed.

Homelessness and crisis services are at their limits, with demand surging. The number of owner-occupiers experiencing mortgage stress is at record highs, as is the number of people in rental stress. With many young adults locked out of buying their first home, the age now of the average first home buyer has gone from 26 in the mid-2000s to 36 today.

This year, the average price of an Australian home surpassed the $1 million mark. ‘Housing affordability’ is now an oxymoron. Mortgage affordability is tracking near its worst level in history.

People in insecure or unsafe housing often find themselves having to sacrifice other necessities – like food, medication, school uniforms – to keep a roof over their heads. Too many people, particularly children and young people, are forced into exploitative and dangerous situations and relationships to maintain their access to shelter.

Everyday people are being crunched between rapidly increasing housing prices, underinvestment in public and affordable housing, real-term reduction in welfare benefits, an epidemic of family and domestic violence and the lack of options outside the private market for those on low incomes.

Victoria has the lowest proportion of public and community housing in the country, and demand is only expected to grow in the coming years.

Let us talk about women. Women – particularly single mothers and older women – are now the fastest growing group experiencing homelessness, with 45 per cent identifying family and domestic violence as the cause. At the same time, we have victims of family violence and other priority applicants on the housing waitlist who find themselves waiting for over 17 months for social housing. That should alarm all of us.

Anglicare’s 2025 rental affordability snapshot, released in April, showed that there are no properties in Victoria that are affordable for a single person receiving youth allowance or JobSeeker, including share houses.

The cherry on top? This government wants to demolish all 44 public housing towers in our state. This will displace more than 10,000 residents from their homes, tearing communities apart, taking us deeper down the path of privatisation. This plan will make the housing crisis worse.

But we have a choice here. We are in such privileged positions in this place. And that comes with great responsibility. We need to start thinking differently about housing, reframing decisions about housing through the lens of social need rather than private profit.

A key recommendation from the Victorian Parliament’s Legal and Social Issues Committee inquiry into homelessness in Victoria report was for the Victorian government to ‘include the right to housing in the Victorian Charter of Human Rights and Responsibilities Act’.

This report was tabled in March 2021, four years ago. The government responded, saying that this recommendation was ‘under review’.

A recommendation from the Victorian Parliament’s Legal and Social Issues Committee inquiry into the rental and housing affordability crisis in Victoria report was ‘That the Victorian Government investigate enshrining … the right to housing in the Victorian Charter of Human Rights, including considering advice from the Victorian Equal Opportunity and Human Rights Commissioner.’ This was tabled in November 2023. The government responded that this recommendation was also ‘under review’.

Adequate housing is absolutely essential to a life of dignity and security. Our rigged housing system must be fixed. We need a new approach: we need a rights-based approach.

Australia is the only liberal democracy without a national human rights act or charter.

Currently, there is no federal housing act that enshrines the right to adequate housing.

Although Victoria, ACT and Queensland have their own human rights charters, these do not explicitly protect the right to adequate housing.

There is an international consensus that housing is a fundamental human right. The right to housing is cited:

• in article 25 of the Universal Declaration of Human Rights of 1948

• in article 11 of the International Covenant on Economic, Social and Cultural Rights

• as well as other human rights treaties ratified by almost all national governments around the world.

Australia, under the Whitlam government, signed the international covenant in 1973 and ratified it ‘without reservations’ in 1975. At the national level, the right to housing is recognised in Australia’s national action plan on human rights.

As Australia has ratified the International Covenant on Economic, Social and Cultural Rights, this technically means that we’re bound by it, but in practice it just means that we’re in ‘general’ agreement with it. Unlike some of the other international rights covenants, Australian jurisdictions, including Victoria, have not integrated these rights into domestic law. This is something we’ve been criticised for – all the way back in 2007, the United Nations special rapporteur on housing criticised the Australian government for failing to uphold or implement this right.

South Africa has the right to adequate housing in its constitution. Scotland, Canada, Finland and France are but some of the countries that have legally recognised housing as a human right. In the ACT there is an inquiry currently underway into a bill to enshrine the right to housing in ACT’s human rights charter, a bill introduced by ACT Greens leader Shane Rattenbury. And former member Dr Samantha Ratnam tried twice in this place in the last two terms of Parliament to enshrine the right to housing in our charter.

Adding the right to housing to the charter would mean that future legislation and regulations, our government departments, the police and the courts would all be obligated to comply with and uphold the right to housing. It means that the affordability, accessibility and adequacy of housing would become core to government decisions around housing. The Victorian government would have to consider how bills, policies, programs, planning decisions et cetera affect people’s access to adequate housing.

Putting the right to adequate housing in the charter shows that we truly see housing as a basic human right that should be respected and upheld in Victoria.

This bill establishes the right to adequate housing. In international law, the right to adequate housing contains certain protections, entitlements and conditions. And this bill adopts the comprehensive understanding of what ‘adequate’ means based on guidance from the Office of the United Nations High Commissioner for Human Rights.

Adequate housing is housing that everyone can access. Meaning that marginalised and disadvantaged groups must be accorded full and sustainable access to adequate housing resources. Adequate housing is housing that is affordable. Genuinely affordable. It is structurally sound and fit for habitation. It is safe and protects a person from harassment and other threats to their safety. It provides sufficient space for the person, without overcrowding and without a lack of privacy. It is free from discrimination. It is well located, within reasonable range of employment opportunities, healthcare services, schools, childcare centres and other social facilities for those that need such access. It is secure, with long-term tenure and no risk of unfair eviction. And it is culturally adequate.

The principle of culturally adequate housing is particularly important for First Nations communities. All housing across Australia is located on land taken from First Peoples at colonisation, in a massive and systemic breach of their human rights. That violent act of dispossession is the foundation upon which our current market-based system of private land ownership was then established. The injustices of colonisation and dispossession of land continue to impact our First Nations peoples today, while the benefits of that dispossession continue to accrue for many mostly non-Indigenous Australians.

Culturally adequate housing means recognising that housing may need to be multigenerational in certain communities. Social housing policies may need to facilitate access to housing that allows for various traditional kinship care obligations. The way housing is constructed, where it is constructed, the building materials we use and our broader housing policies must appropriately enable the expression of cultural identity and diversity of housing.

This comprehensive definition of what ‘adequate housing’ means recognises that our right to housing is more than just a right to four walls and a roof. It is a right to a truly livable home.

This bill, enshrining a right to housing in the charter, is something members of Parliament across the political spectrum should be able to agree on.

It’s time to fundamentally change the way we think about housing. Housing is a fundamental human right, not an investment. It’s time our government enshrines housing as a human right. Because everyone should have a safe and secure place to call home.

I commend the bill to the house.

Lee TARLAMIS (South-Eastern Metropolitan) (10:07): I move:

That debate on this bill be adjourned for two weeks.

Motion agreed to and debate adjourned for two weeks.