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On 17 September 2025, the ACT Legislative Assembly passed landmark amendments to the ACT Human Rights Act, enshrining housing as a human right in law. The ACT is the first jurisdiction in Australia to take this step—a momentous achievement that recognises safe, secure, and affordable housing as fundamental to dignity, wellbeing, and the exercise of other human rights.
The changes
The changes take effect on 1 January 2027. On that date a new section 27D will be added to Part 3A of the ACT Human Rights Act 2004. This provides a list of the rights recognised in the ACT and they currently are the right to education, the right to work and other work-related rights and the right to a healthy environment.
3A Economic, social and cultural rights will expand to include:
27D Right to housing
- Everyone has the right to adequate housing.
- The immediately realisable aspects of this right are the following:
(a) everyone is entitled to enjoy this right without discrimination;
(b) no-one may be unlawfully or arbitrarily evicted from their home;
(c) no-one may have an essential utility service to their home unlawfully or arbitrarily withdrawn.
There is also an inbuilt review of the operation of the changes with the Minister to present a report to the Legislative Assembly 5 years after the section commences.
On 1 January 2029 these list of rights will be expanded by changing from an exclusive closed list to a non-exhaustive list.
What they mean
The Explanatory Statement for the changes notes:
” The Human Rights (Housing) Amendment Bill 2025 (the Bill) amends the Human Rights Act 2004 (the Human Rights Act) to include the right to adequate housing in the ACT’s human rights framework. The amendments insert a new section (section 27D) into Part 3A ‘Economic, social and cultural rights’ of the Human Rights Act providing explicit statutory recognition that everyone has the right to adequate housing.
By enshrining the right to adequate housing in the Human Rights Act 2004, the ACT will pioneer a human rights-based approach to housing in Australia. This reflects the reality that more people than ever are struggling to keep a roof over their heads. In Canberra, there are around 5000 people who can’t afford a home on the public housing waiting list. Meanwhile, hundreds of essential workers are locked out of a rental market designed to prioritise profit over a place to sleep.
Fundamentally, the Bill will compel the Government to think differently about housing, reframing decisions about housing through the lens of social need rather than private profit.
By enshrining the right to adequate housing in legislation, current and future Governments must consider the right when making decisions. Incorporating the right to adequate housing will ensure that housing impacts are given proper consideration in the exercise of all public authority functions, including in the development of legislation, policy and decision-making. This will institutionalise greater understanding of human rights and housing considerations across Government, building and strengthening the ACT’s human rights culture.”
The Process
This historic reform builds on decades of advocacy by ACT Shelter, alongside many community organisations, including ACTCOSS and Canberra Community Law. Since the Human Rights Act was first enacted in 2004, ACT Shelter has worked to ensure that housing is recognised as essential to the health, safety, and opportunity of all Canberrans.
ACT Shelter are proud of the collective effort that led to this outcome. While this reform is historic, we recognise that legislation alone will not resolve the housing crisis. ACT Shelter will continue to work with government, housing providers, and the community sector to ensure that the right to housing becomes a lived reality for all Canberrans.
Earlier in 2025 and following the Bill first being introduced in April 2025, ACT Shelter undertook a range of activities to support this historic reform.
On 19 May 2025, ACT Shelter members and other community stakeholders with an interest in housing joined a forum exploring the bill to enshrine the right to housing in the ACT’s Human Rights Act.
Forum participants heard from Dr Penelope Mathew, ACT Human Rights Commissioner and President, and Ruby Lew and Rachel Clark from Canberra Community Law, who discussed what the proposed Bill entails, the value of incorporating the right to housing into human rights legislation, and what this could mean in practice.
You can watch a recording of the forum for an overview and discussion of the issues here.
A Legislative Assembly inquiry into the Bill was also undertaken, and you can view submissions and the final Inquiry Report here. Our submission is also available at Publications and Resource. For an overview of the Right to Adequate Housing as expressed in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights see the factsheet produced by the Office of the Human Rights Commissioner.
The Factsheet explains what the right to adequate housing is, illustrates what it means for specific individuals and groups, and elaborates upon States’ related obligations. It concludes with an overview of national, regional and international accountability and monitoring mechanisms.