Advocacy by Monash University’s Castan Centre Human Rights Clinic, in partnership with Inner Melbourne Community Legal (IMCL) and on behalf of thousands of Melbourne’s public housing tower tenants, has successfully resulted in an official United Nations (UN) communication with the Australian Government regarding concerns about the human rights impacts of the public housing tower redevelopment plan.
A submission prepared by the Clinic’s staff and students to Mr Koldo Casla, the UN Special Rapporteur on the right to adequate housing, highlighted the potential human rights violation following the Victorian Government’s decision to demolish 44 public housing towers across Melbourne. The submission, including factual background, argued that the mass demolition and resulting relocation of approximately 10,000 residents constituted "forced evictions" and "mass displacement" in direct violation of the right to adequate housing and non-discrimination under international human rights law.
Following the clinic’s joint appeal, Mr Casla has now formally written to the Australian Government, detailing his serious concerns that the plan to demolish these public housing towers may violate international human rights law. The UN communication strongly urged the Australian and Victorian Governments to immediately suspend the executions of relocations and demolitions pending a proper human rights impact assessment.
Dr Gina Bekker, Clinical Supervisor at the Castan Centre Human Rights Clinic, who led the submission and supported the students, said this demonstrates a significant achievement for the Castan Centre’s clinical legal program, highlighting the profound impact that university clinics can have in advocating for marginalised groups.
“The fact that our submission has attracted the attention of the UN is a testament to the immense dedication of our students. By working directly with affected tenants and Inner Melbourne Community Legal, our students have successfully elevated a local human rights issue to the international community.
“Our submission documented a critical lack of prior meaningful consultation, a complete absence of transparency in decision-making, a failure to consider viable retrofitting or refurbishment alternatives, and a disproportionate impact on highly vulnerable groups, including women, children, older persons, First Nations people, and refugees.
"The UN communication makes it clear that governments cannot treat public housing tenants simply as occupants of public property. They are rights-holders who must be actively consulted, not passive recipients of administrative decisions."
The Australian Government has now provided its formal response. While the government defended the redevelopment program, the response has acknowledged that the Victorian Ombudsman is currently investigating whether Homes Victoria's relocation practices are compatible with residents’ human rights. Furthermore, the High Court of Australia has granted special leave to appeal the matter on procedural fairness grounds, with a hearing provisionally listed for 7 October 2026.
The Honourable Kevin H Bell AO KC, former Director of the Castan Centre for Human Rights Law and former Justice of the Supreme Court of Victoria, provided expert advice and guidance to the students involved in the project. He said the forced, involuntary displacement of over 10,000 people from their long-established homes is a gross human rights violation under international law and exposes gaps in Victoria’s Human Rights Charter.
“By choosing mass demolition without prior consultation, the Victorian Government has acted more like a private property developer than a state bound by human rights obligations. This issue is unfolding against a backdrop of a severe, decades-long housing crisis, with rents surging alongside a steady decline in secure social housing.
"While our domestic courts have dismissed the residents' challenges under the Victorian Charter, this case exposes critical, systemic gaps in our local human rights framework. The Victorian Charter of Human Rights and Responsibilities Act 2006 does not actually contain a positive, enforceable right to adequate housing. Instead, tenants are forced to rely on negative protections against arbitrary interference with their home.
"Furthermore, seeking a remedy under the Victorian Charter requires launching expensive, time-consuming, and highly inaccessible Supreme Court litigation. This places public housing tenants at a severe disadvantage. This issue highlights the urgent need to reform our domestic Charter to include the positive right to adequate housing."
With over 30,000 people recorded as homeless in Victoria and a waiting list of 56,420 households (representing approximately 82,000 people) facing delays of several years, the Castan Centre clinic argues that demolishing secure public housing without immediate, equivalent public replacement is a retrogressive measure that will deepen existing inequalities.
The Castan Centre Human Rights Clinic and IMCL remain committed to standing alongside Melbourne’s public housing tenants. As the High Court appeal approaches on 7 October 2026 and the Victorian Ombudsman's independent investigation proceeds, the clinic will continue to advocate for a human-centred approach to housing for the benefit of these tenants as well as ensuring legal protection.
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