Homeless human rights “breached”

Moreton Bay City Council will take “time” to consider today’s Supreme Court Ruling that it had “breached a number of human rights” of homeless campers.

CEO Scott Waters said Council will consider the “lengthy and complex decision” into eight homeless people before commenting on specifics of the case.

However, Mr Waters said the ruling “does not change City of Moreton Bay’s Camping on Public Land local laws”.

The court case followed Council’s actions, between March and June last year, to remove homeless people camping in public parks.

For the full judgement click here

Today’s judgement summary says compliance and decision notices were given to eight individuals to “remove their goods and stop camping on the land”.

On four dates in April and May, Council officers went to Eddie Hyland Park, impounded some property and disposed of items – including human ashes - using an excavator.

But “campers” claimed notice decisions under the Camping Law and the Alteration Law and the disposal of belongings were unlawful and breached the Human Rights Act 2019.

Queensland Human Rights Commission supported them, but Council and the Attorney-General rejected the first claim and the Human Rights Act was “engaged or breached”.

Today’s Supreme Court Ruling found some notice decisions “failed to give a reasonable time for applicants to find alternate accommodation”.

Other notice decisions “breached a number of human rights of the applicants” and “failed to have regard to the individual circumstances of each applicant”.

Justice Smith said in the conclusion: “I have found that the notice and disposal decisions were unlawful and the decisions breached the human rights of the applicants.”

“… a justified and reasonable response would have been to extend the notice time periods to enable the applicants to find alternate accommodation bearing in mind each had originally been living lawfully in the parks before the repeal of the People Experiencing Homelessness (PEH) Framework.”

But Justice Smith added: “As the local laws were not the subject of challenge, it is inappropriate to order a permanent injunction to restrain council from acting on a valid law.

“It may act on such a law provided it does so lawfully.”

Council CEO Scott Waters added: “City of Moreton Bay considers the Human Rights Act 2019 (Qld) is not a licence to do what is otherwise unlawful.

“It should not prevent the enforcement of Council local laws made for the safety, health and amenity of the community. Public spaces are for use by everyone and not fit for habitation.

“Camping on public land, and the storing of goods on public land without approval, contravenes Council’s local laws.

“Sadly, today’s determination does not grant homes for people sleeping rough, yet significant ratepayer resources have been consumed by this matter.”

Mr Waters said it is State Government responsibility to provide “safe and appropriate housing including crisis accommodation, social housing options and homelessness support services”.