Rental laws and human rights

29 Jan

Written By For Good Digital

Under the Human Rights Charter, arguments can be raised about a renter’s or resident’s human rights.
Relevant human rights
The Human Rights Charter sets out the human rights that the Victorian Parliament specifically seeks to protect and to promote. The rights in the Human Rights Charter that are relevant to renters and residents include:
- the right to recognition and equality before the law (s 8);
- the right of a person to not have their privacy, family, home or correspondence unlawfully or arbitrarily interfered with (s 13);
- the protection of families as the fundamental group unit of society (s 17(1));
- the right of every child, without discrimination, to such protection as is in their best interests and is needed by them by reason of being a child (s 17(2)); and
- the right to a fair hearing (s 24).
Human rights arguments may be raised in a variety of forums and before various people, including:
VCAT;
- the Supreme Court of Victoria;
- the Victorian Ombudsman;
- the original decision-maker (public housing);
- by way of internal review (public housing); and
- by way of independent appeals (public housing).
The Human Rights Charter can be used to assist renters or residents with housing issues, pursuant to:
- the requirement for interpretations of statutory provisions to be compatible with human rights (s 32); and
- the direct obligation on public authorities to consider and act compatibly with human rights (s 38). VCAT will not be able to determine if an administrative decision has failed to comply with section 38 of the Charter, as this is considered the exclusive jurisdiction of the Supreme Court. Section 32 of the Charter is commonly engaged with there is ambiguity in interpreting the legislation.
Public authorities – including the Director of Housing and arguably the providers of community housing – are required to consider and act compatibly with the human rights set out in the Human Rights Charter.
In 2021, the Parliamentary Inquiry into Homelessness in Victoria made the following recommendations:
- community housing providers should be recognised as public authorities for the purpose of the Human Rights Charter (recommendation 32);
- VCAT should be given power to determine if evictions by social housing providers are compliant with the Human Rights Charter (recommendation 33); and
- a right to housing should be included in the Human Rights Charter (recommendation 34).
However, the issue of quasi-public authorities and administrative accountability remains a live issue and is referred to as the ‘datafin’ principle.

Australian Information Commissioner
www.oaic.gov.au
Renters who think their personal information is being misused should contact the Commissioner.
Commissioner for Residential Tenancies
www.rentingcommissioner.vic.gov.au
The Commissioner provides feedback to the Victorian Government about systemic issues faced by renters and residents of rooming houses, caravan parks and specialist disability accommodation in Victoria’s private rental market.
Consumer Affairs Victoria (CAV)
www.consumer.vic.gov.au
CAV can provide information to all parties covered by the RT Act; investigate renters’, residents’ or rental providers’ complaints; investigate rooming houses; and negotiate settlements between rental providers and renters.
Energy and Water Ombudsman Victoria (EWOV)
www.ewov.com.au
The EWOV has jurisdiction to investigate and assist to resolve disputes between consumers and energy, gas and water retailers.
Housing call centre
www.housing.vic.gov.au/arranging-maintenance-and-repairs
To request maintenance to their home, renters of Victorian Government public housing should phone or email the housing call centre. Renters should ask for a ‘scheduled contract number’, which is a record of the phone call.
Housing Registrar
Tel: 7005 8984
www.vic.gov.au/housing-registrar
The Housing Registrar registers and regulates agencies that are not-for-profit organisations that own, manage and develop affordable rental housing for low-income households. Complaints may be made to the Housing Registrar only after a formal complaint has been lodged with the registered housing provider.
Residential Tenancies Bond Authority (RTBA)
www.consumer.vic.gov.au/bondauthority (information about the RTBA); www.rentalbonds.vic.gov.au (access to the RTBA register)
Supreme Court Self-Represented Litigant Coordinator
www.supremecourt.vic.gov.au/going-to-court/representing-yourself/help-with-court-processes
The Self-Represented Litigant Coordinator helps people without legal representation. The coordinator can provide procedural and practical advice; information about alternative methods of resolving a dispute; contact details of organisations that provide free or low-cost legal services; and self-help packs.
Tenants Victoria
www.tenantsvic.org.au
Tenants Victoria can help all renters in Victoria. People seeking general advice should first consult Tenants Victoria’s website. Generally, Tenants Victoria does not advise about neighbourhood disputes, co-renter disputes, inter-renter disputes or personal injury claims.
Victorian Civil and Administrative Tribunal (VCAT)
www.vcat.vic.gov.au
The Residential Tenancies List at VCAT can hear cases between renters and rental providers, caravan park owners and residents, and between rooming house owners and rooming house residents. VCAT can also hear cases between the Director of Housing and renters. VCAT cannot hear disputes between renters, or co-renters, disputes between residents, disputes with neighbours or disputes about internal Director of Housing policy. VCAT hears matters at venues throughout metropolitan and regional Victoria; see VCAT’s website for addresses.