Indigenous residents of all 73 remote communities in the Northern Territory have launched a class action lawsuit against the Department of Territory Families, Housing and Communities over the "uninhabitable" condition of remote housing, accusing it of racial discrimination.
Residents are seeking compensation for rent paid and demanding they be awarded damages for the condition of their homes.
They are also seeking the department be ordered to make urgent repairs, following allegations litigants have waited months and years for essential maintenance.
Solicitor Dan Kelly from Redgum Legal has helped bring the case and said residents had been left with "no option" but to pursue legal recourse.
"We've seen asbestos-filled walls, holes in roofs, leaking sewerage into premises, problems with electricity, the list goes on," he said.
"These are not habitable premises, In some cases, they are unsafe."
Mr Kelly said months of groundwork and consultation in communities had seen widespread support for the case by residents.
"[Inadequate housing] confronts Aboriginal people every day and impacts every other aspect of their life," he said.
Follows other cases
The class action lawsuit follows successful litigation by residents in Santa Teresa, who in 2016 launched a case against the Territory's department of housing over the condition of their homes.
Residents there reported losing access to electricity, working plumbing, and hot water for months or, in some cases, years at a time.
A model of compensation is yet to be determined by the court, but Mr Kelly said the Santa Teresa case was "instrumental" in bringing this latest class action.
"It's really been the foundation of this case," Mr Kelly said.
"That finding that was led really by the community of Santa Teresa has laid the groundwork for this case to go forward."
Suit alleges discrimination
Mr Kelly said the suit alleged four central concerns.
The suit alleges the department breached contractual obligations to tenants, which includes ensuring housing was habitable and had a reasonable system for carrying out repairs.
The residents' legal team will further allege the department engaged in "unconscionable conduct" by signing tenants up for tenancy agreements without adequate explanation.
They will argue this conduct amounted to unlawful racial discrimination.
"Remote communities don't receive the same level of services as other communities in the Northern Territory," he said.
"The reason these communities are in the state they are in is due to long-term racial discrimination and structural racism that these communities face."
Mr Kelly said he hoped the case would be a "wake-up call" for the government, reminding them that remote residents "have rights" and "the means to enforce them."
The matter is expected to be set down for an initial hearing early next year.
The NT Department of Territory Families, Housing and Communities has been contacted for comment.
