Residents seek justice following ‘Pattern of Negligence’

It’s been four months since 200 residents of Fitzroy’s Atherton Gardens, a housing estate located at 125 Napier Street, were forced to flee their beds in the early hours of March 29 when the sixth floor of the high-rise housing estate was set ablaze.

Now residents are seeking justice for a catastrophe that they say could have been avoided and are seeking legal advice in an attempt to resolve issues with the Department of Health and Human Services (DHHS).

Following the fire, the Melbourne Fire Brigade (MFB) released a report damning the Fitzroy Housing Office, citing a lack of duty of care and mentioning several faults. These included a lack of smoke alarms and sprinklers and the build-up of combustible items – like a mattress that started the blaze, that had lain for weeks on the building’s sixth floor, despite residents’ complaints.

The Fitzroy Housing Office has announced they will be accepting all of the MFB’s recommendations, and Minister for Housing, Disability and Ageing Martin Foley has announced the changes will be applied to all 44 public estates across Melbourne.

But according to one resident, the fire is just one in a series of incidents that Minister Foley and the Department of Health and Human Services, of which Fitzroy Housing Office are a branch of, have to answer for.

Ranko Cosic has been a resident of Atherton Gardens since 2001, and is fed up with what he describes as a “pattern of negligence” on the part of the DHHS and the Fitzroy Office of Housing.

He says that in the 16 years he has lived in the building, there have been no fire drills or inspections to ensure all smoke alarms were in working order, but he says this is just the tip of the iceberg.

A terrorist threat, rampant drug use in common areas and instances where the DHHS had taken nine months to address complaints regarding unstable or unsafe tenants are just some of the issues Mr Cosic has brought to the attention of the DHHS and Fitzroy Housing Office. His appeals went as far as the Premier himself, but he says his complaints fell upon deaf ears, and that the neglect goes further than just the Fitzroy Housing Office landing at the doorstep of Minister Foley himself.

“Since his election, the Minister did not come to our estate until the day of the fire,” Mr Cosic says of Minister Foley, who he believes to be uninterested in his position as housing Minister and unwilling to police the performance of his subordinates.

“Everything rots from the top; it starts at the head and transfers through the whole body. I have reported very serious matters to Minister Foley and it all gets ignored,” Mr Cosic says.

 

Ranko Cosic says the first time Minister Foley visited Atherton’s residents was when they took refuge in the Town Hall following the March 29 fire. Photo: Ranko Cosic

He also recalls personal experiences of harassment and attempted character assassination at the hands of the department, which he feels came about in an attempt to silence his efforts to improve living conditions for himself and fellow residents.

Mr Cosic remains defiant however, declaring he’s “not going to lay down”.

Fed up, Mr Cosic reached out to Yarra City Councillor Stephen Jolly, whom he describes as an ‘integral part’ of the legal battle: “I’m fortunate Steve is there, because who else would fight? I haven’t seen anyone else.”

Like Mr Cosic, Cr Jolly is tired of the pattern of neglect shown by the DHHS and Fitzroy Housing Office, who he says have ignored their residents for years, “and it’s taken a fire and media publicity [and the] threat of legal action for them to do anything”.

While Mr Cosic rallied 30 fellow Atherton residents, Cr Jolly recruited key stakeholders and legal counsel.

He hopes the class action will lead to changes within the department, whose behaviour he labels “dangerously incompetent.”

“It’s outrageous the way the residents are treated … the only time the Department is efficient is when you fail to meet your rent,” he says.

Residents of 125 Napier St are seeking a formal inquest of the fire, along with achieving a successful means of communicating their issues with the Department and working towards having these issues addressed.

Mr Cosic admits his hopes for the outcome of the legal proceedings are “lofty” and go beyond monetary compensation. He says he would like to see the Fitzroy Housing Office “purged”, and Minister Foley, whom he describes as “inept” removed from his position and replaced with “a minister who does care about private housing, who will go to the estate”.

Cr Jolly agrees with Mr Cosic, saying of Minister Foley, “I think he needs to go”.

Mr Cosic says for him, it’s not about the money, but social justice, and with the aid of Cr  Jolly, he will continue to fight his cause until he sees justice done.

Written by Alice Wilson