Following on from our previous, But I Didn’t Know… article
In a landmark decision, the ACT Legislative Assembly passed the Human Rights (Housing) Amendment Act, making the ACT the first jurisdiction in Australia to enshrine housing as a legal right.
The law inserts a new section 27D into the ACT’s Human Rights Act, explicitly recognising that “everyone has the right to adequate housing.” Among other protections, this includes safeguards against unlawful evictions and arbitrary withdrawal of essential utilities.
What Happens Now: Transition and Timeline
While the legislation is in place, the new rights won’t take full effect immediately. The law officially commences on January 1, 2026 (or upon notification, whichever is later). However, the “right to housing” provisions have a phase-in period that means full legal effect will not begin until January 2029.
This delay is intentional, it gives government agencies, the public service, andcivil society time to build frameworks, understand obligations, and build capacity before the law is fully active. A mandated five-year review is built into the law: once section 27D is operating, the Minister must evaluate how the right is working and report back to the Legislative Assembly.
What This Means in Practice
With the law passed, all new ACT laws, policies, and governmental actions must now be assessed for consistency with the right to housing. Public authorities are legally bound to act compatibly with human rights standards, now including housing.
For individuals and organisations, this law provides a new accountability tool. Decisions that adversely affect housing access may now be challenged in the light of human rights obligations. But, importantly, the law is not a silver bullet. It does not itself build houses or guarantee immediate relief. Its real power lies in shaping how government plans, allocates resources, and responds to housing pressures.
Early Reactions and Next Moves
Advocacy bodies celebrated the passage. ACT Shelter described it as a “historic victory” and a sign that housing will no longer be treated merely as a commodity. The ACT Human Rights Commission praised the decision as cementing the ACT’s leadership in human rights law.
Still, analysts stress that the hard work now begins. The government must ensure that there is adequate funding, strong implementation, and a clear mechanisms for enforcement and review. In the years ahead, the success of this reform will hinge on how seriously policies are aligned with the right, how transparent and responsive decision-making is, and whether those who in housing distress can use the law meaningfully.
This is not the end of the campaign, it is the opening of a new, legally grounded chapter.
