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Background: Numerous remote Indigenous communities across Australia lack access to safe, potable water, a fundamental human right. This deficiency results in significant health problems, exacerbates existing inequalities, and breaches Australia’s obligations under international law. Water quality testing frequently reveals contaminants exceeding Australian Drinking Water Guidelines, including heavy metals, uranium, and harmful bacteria.

Legal Strategy: This campaign will fund strategic litigation aimed at holding the Commonwealth and relevant State/Territory governments accountable for their failure to provide safe drinking water. The legal action may rely on several grounds, including: (1) The Racial Discrimination Act 1975 (Cth), arguing that the failure to provide adequate water infrastructure constitutes indirect discrimination against Indigenous Australians; (2) Breach of statutory duties under relevant water management legislation (e.g., Water Act 2007 (Cth) in the Murray-Darling Basin, or relevant State/Territory legislation); (3) Potentially, a claim in negligence, arguing that the governments owe a duty of care to provide safe drinking water; and (4) Arguments based on Australia’s obligations under international human rights law, such as the International Covenant on Economic, Social and Cultural Rights. The litigation seeks: (1) Declaratory relief that the governments have breached their legal obligations; (2) Orders compelling the governments to develop and implement comprehensive plans to provide safe and reliable drinking water infrastructure; (3) Compensation for affected communities; and (4) Ongoing independent monitoring of water quality.

Case Status: Pre-filing investigation and preparation; potential test case to be filed in the Federal Court of Australia or relevant State/Territory Supreme Court.

Jurisdiction: Federal and/or State/Territory.