Supreme Court Victory for Long-Term Public Housing Residents
A justice in the ACT Supreme Court has issued a ruling in favor of three long-term public housing tenants, invoking a beloved stralian film to underscore the sanctity of home. The women, residents of Canberra, had occupied their properties for 27 to 42 years before facing eviction orders in 2020 and 2022 as part of the Growing and Renewing Public Housing Program.
Under this initiative, the government planned to sell the homes to private buyers or redevelop the sites once tenants relocated. However, Justice Verity McWilliam determined that the eviction process denied the women procedural fairness and failed to adequately address their human rights.
Judgment Highlights Legal and Cultural Significance of Home
In her decision, Justice McWilliam emphasized the core issue: the legality of the Commissioner for Social Housing’s actions in compelling the relocations. She stated, “It need hardly be said that any interference with one’s home must be lawful.”
Drawing on cultural resonance, the justice referenced the 1997 film The Castle, quoting the character Darryl Kerrigan: “It’s not a house, it’s a home. A man’s home is his castle … You can’t just walk in and steal our homes.” Although the quote pertains to constitutional protections rather than state law, Justice McWilliam noted that the underlying principle remains universal, with “words [that] have deep roots.”
She further bolstered her argument by citing Roman philosopher Cicero: “What more sacred, what more strongly guarded by every holy feeling, than a man’s own home?” This historical perspective reinforces the enduring value placed on personal dwellings.
Outcome and Implications Under Human Rights Law
The court mandated that the Commissioner cover the women’s legal costs, allowing all three to remain in their homes. During the case, the Commissioner acknowledged the procedural fairness lapse but contested the human rights violations.
In the ACT, public thorities must align their actions with the Human Rights Act, which safeguards homes from unlawful or arbitrary interference, affirming their inviolable status.
