NDIA Accountability Project

Living in a tent and storing personal items: disability discrimination and inadequate housing

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Alternative Domiciles

ON CLIMATE RETREAT

Jack Hogan | Review: Disability Discrimination Act 1992 | Friday, October 24, 2025

Preliminary

  1. Disabilities is multifarious, however, much of the content concerning disabilities does not consider communication debilities adequately, particularly cognitive distortion, usually associated with psychopathology (chronic anxiety and Clinical depression). Such disorders show common traits known as ‘burn-out’ ‘brain fog’ and ‘rumination’, which can make it difficult to articulate clearly, however, writing can be both part of assistance (e.g., Cognitive Behavioral Therapy) and a preferred method of communication. In my case I manage PTSD and Chronic Osteomyelitis, due to multi-resistant bacteria and severe immune responses to many antibiotics (hypokalemia leading to cardiac arrest i.e., heart death).

  2. I only heard about this public consultation today, the final opportunity to make a submission, so I write in haste, so please allow for typos and the briefness of the following notes.

  3. I only wish to draw attention to suggestions to improve formal laws that would improve a person’s difficulties in the aftermath of natural disasters, especially the informal panoptic perspectives through survival and human rights lenses. The following is presented as a personal example, albeit, specific to Queensland legislation, which leads into more relevant information to this disability discrimination review under the heading Other International Covernants, below. The reference material in Breakout Boxes succinctly provides meanings and suggestions to reform the act in context of Adequate Housing – better than I could. Please contact me if more detailed information is required.

  4. Since 2022 I have been in contact with the Queensland Ombudsman Office and the Queensland Human Rights Commission to resolve unfair, inequitable treatment by the redacted and sleep and store personal items, such as food in a caravan. The possible discrimination would be termed under the Disability Discrimination Act 1992 as

Breakout Notes # 1:

  • Indirect discrimination occurs when:

    • there is a requirement or condition in place that applies to everyone, but because of their disability, the person does not or is not able to comply, and
    • the requirement or condition disadvantages the person because of their disability, and
    • it is unreasonable in all of the circumstances.
  1. We have resided in this dwelling, which is de facto, permanent for fourteen years, since Tropical Cyclone Yasi in 2011 and yet classify us as Non-Principal Place of Residence in their Differential Rates categories and revoked our pension

TENTS

Breakout Notes # 2: When you don’t need building approval

  1. Accepted development (self assessable) — Schedule 1 Some minor building work is considered accepted development (self assessable), such as: a small tool shed (subject to requirements in Schedule 1), stable or similar up to 10m², other than in a tropical cyclone area

  2. Other accepted development (exempt from relevant provisions) — Schedule 2 Other accepted development doesn’t require a building development permit and the owner doesn’t need to meet minimum building standards. This building work includes:

  3. Building work that consists of erecting a tent if the tent’s floor area is no more than 500m².

Queensland Building Regulation 2021 MP 3.2 - TENTS

  1. In this particular case, the land is managed through rehabilitation, regeneration and propagation of endemic species of perennial tree for the preservation of wildlife and mitigation of Climate Change. The initial cost of the property, and the rates we have paid are our contributions.

  2. This pavilion is an innovative solution to the present housing and economic crises, particularly for youth and vulnerable persons, and a good reason for participating in this review.

  3. The present tarpaulin has lasted nearly ten years, so it’s very economical, the main outlay is about $300 - $400 for a tarp, or these are provided free by the emergency organisations after a crisis or the total outlay being around $1,200 could be obtained from a Social Security advance. Modern fabrics are more durable than canvas of old.

 The main feature is that it can be a Do-It-Yourself project. The durability is increased by hand sewing Polyester Seat Belt Webbing across the apex of the gable and along the edges. This is done using sailor’s skills, tools and techniques from the square sailing ship era. Extra structural strength is provided with Galvanised Steel Wire Rope Metal Cable to hang the tarp across the top and sides. The seat belting has a breaking strain of around 4.5 tonnes and when fixed with 6mm Polyester Rope stays to the ground with springs to keep the tension, this shelter can withstand strong winds, preventing the tarp from ripping.

 A ceiling made of shade cloth is a necessity to make it cooler by less radiating heat from the roof. Any small structures like Tiny Homes can be hot boxes in summer.

 Shade cloth can be used to fill in between the upright poles for extra protection from inclement weather, cooling or aesthetics, insect protection, etc. by rolling up or setting out like awnings.

 Gutters can be attached to provide a water supply. The 1000 litre pods can be bought cheaply of they can be acquired freely.

 The flooring can be clay with matting.

 The sewing can be laborious, but is well worth doing and besides, it can be a good project. There are some controversial issues with local governments, however, we continue to advocate for this concept. More recently, as the homeless problems have reached a crisis, there are quite a number of Not-for- profit organisations taking on this plight. The point to sharing this information is to help others.

  1. Incidentally, an interesting historical fact is that Captain Arthur Philip (1738-1814), first governor of NSW, declared this country now called Australia as settled by the British under the provisions of the Nootka Sound treaty with Spain (1790), which stipulated those structures had to be present. In this case, when 1,300 people of the first fleet arrived on 18-20 January, 1788, Governor Philip pointed to tents as proof of settlement to claim the territory to the captain of the French Ship La Pérouse.

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HUMAN RIGHTS

Breakout Notes # 3:

The Queensland Human Rights Act 2019 (4)

24 Property rights

(1) All persons have the right to own property alone or in association with others.

(2) A person must not be arbitrarily deprived of the person’s property.

This is copied word for word from the United Nations Declaration of Human Rights (5)

Universal Declaration of Human Rights

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

Note: This is ratified in the Queensland Human Rights Act 2019 in part 2 (s12)

Human rights are in addition to other rights and freedoms. A right or freedom not included, or only partly included, in this Act that arises or is recognised under another law must not be taken to be abrogated or limited only because the right or freedom is not included in this Act or is only partly included.

Examples of another law—

  • rights under the Universal Declaration of Human Rights not stated

12. Other relevant rights under the Queensland Human Rights Act 2019, are

  • The Right to Privacy and Reputation
  • The Right to Natural Justice
  • The Right to expression

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QUEENSLAND STANDARDS

Breakout Notes # 9:

Legislative Standards Act 1992 (6)

4 Meaning of fundamental legislative principles

(1) For the purposes of this Act, fundamental legislative principles are the principles relating to legislation that underlie a parliamentary democracy based on the rule of law.

Note— Under section 7, a function of the Office of the Queensland Parliamentary Counsel is to advise on the application of fundamental legislative principles to proposed legislation.

(2) The principles include requiring that legislation has sufficient regard to—

  • (a) rights and liberties of individuals;
  • (b) is consistent with principles of natural justice;
  • (c) allows the delegation of administrative power only in appropriate cases and to appropriate persons;
  • (g) does not adversely affect rights and liberties, or impose obligations, retrospectively;
  • (k) is unambiguous and drafted in a sufficiently clear and precise way.

13.

These standards were breached by the CCRC in a local law no 5 which imposed unreasonable demands that would render us homeless because the obligations are unaffordable. In this case, these standards are part of the Queensland Local Government Act 2009, section 29 (5). Also, complaining is difficult and not compliance with the process for administrative action complaints with section 268 of the Queensland Local Government Act 2009.

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OTHER INTERNATIONAL COVERNANTS

  1. The Right to Adequate Housing is best described in the document below. Under this convention. adequate housing does not mean that everyone should be provide a house by the Australian Government.

  2. This right extends from article 11 in the 1966 International Covenant on Economic, Social and Cultural Rights, (ICESCR) (7) which was ratified by the Australian Government on the 10 December, 1975 by the then Foreign Minister, Mr E. G. Whitlam. I believe that this convention should be appropriately considered in this review as it’s relevant to persons living with disability. Climate and human rights were brought to the attention of the recent UN General Assembly by the Human Rights Council during the Fifty-ninth session, 16 June–9 July 2025, which was adopted without a vote (A/HRC/59/L.17) (8).

Breakout Notes # 10:

UN Habitat The Right To Adequate Housing Fact sheet 21 (9)

CESCR General Comment No. 4: The Right to Adequate Housing (Art. 11 (1) of the Covenant) (10)

  1. The right to adequate housing applies to everyone. While the reference to “himself and his family” reflects assumptions as to gender roles and economic activity patterns commonly accepted in 1966 when the Covenant was adopted, the phrase cannot be read today as implying any limitations upon the applicability of the right to individuals or to female-headed households or other such groups. Thus, the concept of “family” must be understood in a wide sense. Further, individuals, as well as families, are entitled to adequate housing regardless of age, economic status, group or other affiliation or status and other such factors. In particular, enjoyment of this right must, in accordance with article 2 (2) of the Covenant, not be subject to any form of discrimination

  2. In the Committee’s view, the right to housing should not be interpreted in a narrow or restrictive sense which equates it with, for example, the shelter provided by merely having a roof over one’s head or views shelter exclusively as a commodity. Rather it should be seen as the right to live somewhere in security, peace and dignity. This is appropriate for at least two reasons. In the first place, the right to housing is integrally linked to other human rights and to the fundamental principles upon which the Covenant is premised. This “the inherent dignity of the human person” from which the rights in the Covenant are said to derive requires that the term “housing” be interpreted so as to take account of a variety of other considerations, most importantly that the right to housing should be ensured to all persons irrespective of income or access to economic resources. Secondly, the reference in article 11 (1) must be read as referring not just to housing but to adequate housing. As both the Commission on Human Settlements and the Global Strategy for Shelter to the Year 2000 have stated: “Adequate shelter means … adequate privacy, adequate space, adequate security, adequate lighting and ventilation, adequate basic infrastructure and adequate location with regard to work and basic facilities - all at a reasonable cost”.

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CONCLUSION

  1. Thank you for your time I trust that these notes will help to improve the situation for many Australians, not only the vulnerable living with disabilities or the aged, but all those who are finding it difficult to sustain their livelihoods and preservation in the aftermath of natural disasters. There are many persons who are internally displaced because of climate and man-made disasters and there are no avocacy groups supporting them. Such persons fall into a gap that isn’t defined as “the homeless”.

Yours faithfully,

Jack Hogan

For reference and fact checking:

  1. Business Queensland; Available online 4/1/2025;

. Queensland Building Regulation 2021; Available online 4/1/2025; https://www.legislation.qld.gov.au/view/html/inforce/current/sl-2021-0126

. MP 3.2- TENTS; Available 4/03/2025; https://www.epw.qld.gov.au/ _data/assets/pdf_file/o012/4314/mp-3-2-tents.pdf

. The Queensland Human Rights Act 2019; Available online 4/03/2025; https://www.legislation.qld.gov.au/view/pdf/asmade/act-2019-005

. United Nations Declaration of Human Rights; Available online 4/03/2025; https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHRTranslations/eng.pdf

. Legislative Standards Act 1992; Available online 4/03/2025;

. 1966 International Covenant on Economic, Social and Cultural Rights; Available online 10/11/2025; https://www.ohchr.org/sites/default/files/cescr.pdf

. UN General Assembly by the Human Rights Council; A/HRC/59/L.17; Available online 10/11/2025; https://docs.un.org/en/A/HRC/59/L.17

. UN Habitat The Right To Adequate Housing Fact sheet 21; Available online 10/11/2025; The Right to Adequate Housing: Fact Sheet No. 21/Rev.1; | UN-Habitat

. 10.CESCR General Comment No. 4; Available online 10/11/2025; General comment No.

4: The right to adequate housing