Aboriginal tenants across remote communities in Western Australia allege that their state housing was without working toilets, showers, cooking facilities, lights, safe drinking water and reliable electricity, a class action is claiming.
Filed in the Federal Court, the suit accuses the Housing Authority and State of Western Australia of breaching residential tenancy, contract and consumer protection laws.
It is alleged that tenants lived in properties with broken windows, blocked pipes and inadequate hot water, exposed electrical wiring, widespread mould and insect and rodent infestations.
Tenants claim the housing they were living in were infested by insects and rodents.
Repairs were allegedly inadequately fixed, or not fixed within a reasonable time frame by the Housing Authority or State.
Community leader Aunty Vivienne Gordon says that tenants deserve basic housing facilities.
“We want to make sure our Elders are looked after and that they’re living in their properties at a good standard … that families have got everything working in the property,” Ms Gordon said.
“We still don’t have hot water in some of the houses.”
Ms Gordon, a resident of Baylulu, an Aboriginal community located 10km south of Fitzroy Crossing in the Kimberley region, believes the area’s neglect wouldn’t happen elsewhere.
Tenants allege they lived in properties with widespread mould.
“I need to have [the Housing department] out here on community talking to us… We’re definitely treated differently because we live in an Aboriginal community and we’re not in a town setting.
“We need to be looked after because this is our community, this is our connection to our Country,” she said.
Father Eric Bedford says that the government needs to be held accountable.
“We’re custodians of the land, we look after it… It’s their responsibility to come and fix it. Do better.”
Eric Bedford showing the conditions of the house he is living in.
“The government hasn’t even come here. I never seen one Minister or anything in the whole time I’ve been here – I’m born and raised here… how can you make change when you’ve never even been here?
“If you can start looking after us, then maybe Aboriginal people will change the way they view the government … stop putting us last in line,” Mr Bedford said.
The class action also accuses the Housing Authority and State of WA of knowing that Aboriginal tenants were vulnerable because of their limited housing options, and knowingly charged higher rent prices for poor-quality properties, and that the amount of rent charged varied without sufficient explanation.
“With anywhere, if you are paying rent then you have the right to get everything fixed in your property,” Ms Gordon said.
Tenants say they are wanting financial compensation for the losses and damages they have suffered and repayment of expenses they have incurred to rectify housing defects and issues.
The class action will include thousands of tenants living in remote areas including the East Kimberley and Pilbara between 2010 and 2024.
“Once we get that all sorted, I think a lot of the mob will be able to to be happy just living out here in our community and trying to make our community move forward in a good way,” Ms Gordon said.
The WA Department of Communities has not publicly commented on the court case.
Instead, they have pointed to a recently announced
