The Charter of Human Rights and Responsibilities Amendment (Right to Housing) Bill 2025 was second read in the Legislative Council on the 27th of August. Rachel supported the bill however did not get the chance to present her speech in the chamber. Rachel’s thoughts on housing as a human right are represented below.
Wednesday the 27th of August, 2025
Victorian Legislative Council
Rachel Payne (South-Eastern Metropolitan):
I rise to speak on the Charter of Human Rights and Responsibilities (Right to Housing) Bill 2025 on behalf of Legalise Cannabis Victoria.
I would like to start by thanking my crossbench colleagues for bringing such an important issue forward for debate. This Bill amends what is, arguably, Victoria’s most important piece of legislation – our Charter of Human Rights and Responsibilities Act 2006. The Charter recognises that all people are born free and equal in dignity and rights. As a member of the Scrutiny of Acts and Regulation Committee, I am acutely aware of the extra checks and balances proposed legislation faces thanks to the Charter.
The Charter enumerates some inherent rights, including:
- Recognition and equality before the law;
- Protection from torture and cruel, inhuman and degrading treatment;
- Peaceful assembly and freedom of association; and
- Freedom of expression.
But these are not the only rights that we are obliged to uphold when passing new laws in Victoria. Australia is a signatory to multiple international treaties concerning human rights, including the International Covenant on Economic, Social and Cultural Rights. Article 11 of the Covenant maintains that people have a right to housing and a continuous improvement of their living conditions. Acknowledging this, it is uncontentious to say that there is an established right to housing in Victoria that we are failing to uphold.
It is also uncontentious to say we are in the middle of a housing crisis. We’ve all heard from constituents in desperate housing stress, reaching out to our offices because they don’t know where else they can go. Former Victorian Chief Justice Kevin Bell says it is no longer a housing crisis, but a “disaster”.
He goes on to say: “now it is obviously not just a blip in an otherwise well-functioning system. It is chronic. It has become the system.”
According to the Salvation Army Social Justice Stocktake 2025, “in Victoria, 68.5 per cent of people identified housing affordability and homelessness as an issue in the community and 35 per cent identified it as an issue for themselves”. 35 per cent of the Victorian population are stressed about being able to afford a roof over their heads. That’s almost 2 and a half million people.
It gets worse. The best guess we have at how many Victorians are currently experiencing homelessness is from the 2021 census. 4 years ago. 30,635, that is 1 in 212 people experiencing homelessness when the data was collected 4 years ago.
As if that were not bad enough, there are over 65,000 people on the social housing waiting list. These include people fleeing domestic violence and unsafe homes with nowhere to go and people sleeping in their car because they can’t afford rent. If the ever-increasing housing and rental prices are any indicator, I would feel confident assuming this crisis has only become worse. I don’t know what you all think but I believe in a better, more just Victoria than this. Something in the system is failing and we must do better.
This Bill is a step in the right direction. It would be a recognition of a right we are obliged to uphold and a declaration of our commitment to it. While this Bill will not structurally address our broken housing system, it would set a fundamental benchmark in our legislation which the government of the day must respect.
I want to briefly touch on some of the specifics of the Bill before us:
Clause 3 of this Bill inserts a new Section 12A into the Charter that states that every Victorian has the right to adequate housing. This Bill is not abstract in describing what adequate housing means. It provides a clear framework that housing must be accessible, affordable, structurally sound, safe, secure in tenure and culturally sensitive among other things. In short, this bill characterises housing as more than just a roof. It characterises it as a foundation for belonging, stability, safety and opportunity.
It should be a basic dignity to allow people a place to call home, a shelter from Victoria’s winters and a safe place to rest, live and play. If I could be so bold as to assume that none of us in this chamber are currently experiencing housing stress or homelessness. Aren’t we the lucky ones.
Having experienced unstable housing as a teenager I am endlessly grateful for the home I own with my partner Renee and our little fur babies. For me, and many others, home is a grounding place, a place where I can belong, be safe, and loved and calm. Home is the foundation from which my life is lived. But many Victorians are not as privileged as us to have somewhere to call home.
When you have a former Chief Justice of the Victoria Supreme Court stating that the government is not upholding an obligation under international law, something must be seriously wrong with the system. In Kevin Bell’s words, this government is “bound to give effect to the right to a decent home” … But it does not. Many government MPs are even on record in this place reaffirming housing as a human right.
So, what is the problem? Is it that this government doesn’t support private member’s bills? Or is it that this is a progressive bill designed to address our housing crisis? Whichever it is, this government appears to be more comfortable politicising human rights than enshrining them in our law.
While passing this Bill will not solve our housing crisis, it will create a legal obligation to act and bring Victoria in line with international human rights obligations. We owe Victorian’s a right to housing that is immortalised in our law. Accordingly, we will support this Bill and encourage our colleagues to do the same.
Related:
> Government action needed on housing crisis – Rachel Payne
> Victoria’s Big Housing Build and affordable rentals – Rachel Payne
> Criminalisation of begging punishes Victoria’s most vulnerable – Rachel Payne
