Australian Capital Territory act

Human Rights (Housing) Amendment Act 2025

In ForceACT

Jurisdiction

Australian Capital Territory

Act Number

24 of 2025

Collection

act

Plain English Summary

3/10 complexity

This Act adds an explicit right to "adequate housing" to the Human Rights Act 2004 (s27D). It lists immediately realisable elements: non‑discrimination, protection from unlawful or arbitrary eviction, and protection from unlawful or arbitrary disconnection of essential utilities.

The Minister must review the new right after five years and report to the Assembly (s44). The change creates compliance obligations for landlords, utilities and administrators, gives the Minister review discretion, and may prompt new litigation about what "adequate" and "unlawful or arbitrary" mean (s27D).

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Current sections

Direct links to the current provisions in Human Rights (Housing) Amendment Act 2025.

Human Rights (Housing) Amendment Act 2025

J2024-1472 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Human Rights (Housing) Amendment Act 2025 A2025-24 An Act to amend the Human Rights Act 2004 The Legislative Assembly for the Australian Capital Territory enacts as follows:

Section 1 page 2 Human Rights (Housing) Amendment Act 2025 A2025-24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1 Name of Act This Act is the Human Rights (Housing) Amendment Act 2025. 2 Commencement (1) This Act (other than section 5) commences on 1 January 2027. Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)). (2) Section 5 commences on 1 January 2029. 3 Legislation amended This Act amends the Human Rights Act 2004. 4 New section 27D in part 3A, insert 27D Right to housing (1) Everyone has the right to adequate housing. (2) 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evicted from their home; (c) no-one may have an essential utility service to their home unlawfully or arbitrarily withdrawn. 5 Section 27D (2) omit everything before paragraph (a), substitute (2) Immediately realisable aspects of this right include the following:

Section 6 A2025-24 Human Rights (Housing) Amendment Act 2025 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 New section 44 insert 44 Review of right to housing (1) The Minister must review the operation of section 27D (Right to housing). (2) The Minister must present a report of the review to the Legislative Assembly as soon as practicable after the end of 5 years after the day this section commences. (3) This section expires 6 years after the day it commences. 7 ICESCR source of human rights Schedule 2, new item 3 insert 3 27D right to housing 11 (1)

page 4 Human Rights (Housing) Amendment Act 2025 A2025-24 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 Presentation speech Presentation speech made in the Legislative Assembly on 10 April 2025. 2 Notification Notified under the Legislation Act on 3 October 2025. 3 Republications of amended laws For the latest republication of amended laws, see www.legislation.act.gov.au. I certify that the above is a true copy of the Human Rights (Housing) Amendment Bill 2025, which was passed by the Legislative Assembly on 17 September 2025. Clerk of the Legislative Assembly © Australian Capital Territory 2025

Source text

Sourced from the ACT Legislation Register (legislation.act.gov.au), CC BY 4.0.