Supreme Court hearing continues

The Supreme Court of Queensland will today continue to hear a matter between Moreton Bay City Council and a number of individuals who have been sleeping rough in a Kallangur park.

The matter follows an injunction in August, after Basic Rights Queensland sought to take action against council on behalf of 11 people.

It is in relation to council issuing compliance notices for the “unauthorised use of public space and place under the Camping on Public Land Local Law”.

The group is also claiming “disposal of items to facilitate the unauthorised use of public space and place is a breach of an individual’s human rights”.

A Moreton Bay City Council spokesperson says there will be no winners from the legal proceedings.

“No one will achieve a housing solution based on the outcome of this case, yet significant public resources have been consumed by this matter,” the spokesperson says.

“The applicants are not challenging the lawful making of the Camping on Public Land local law.

“However, they continue to challenge the lawfulness and validity of compliance notices issued by our hardworking Council Officers.”

The spokesperson says the case before the Supreme Court of Queensland is a legal argument about whether local government can enforce the local laws they make, not the validity of local laws.

“The ability of all 77 local governments in Queensland to enforce their local laws, may be called into question depending on the outcome of this matter,” they say.

“City of Moreton Bay consider Council Officer actions to administer our local laws valid. Our staff undertake a range of training as part of their mandatory onboarding, which includes human rights training for all new team members.

“The purpose of the Human Rights Act 2019 (Qld) (Human Rights Act) is not to inhibit all levels of government exercising the rule of law or provide an avenue where the rule of law does not apply.

“City of Moreton Bay has not issued any fines to people experiencing homelessness.”

On its Facebook page, Basic Rights Queensland says counsel, supported by pro bono lawyers for the rough sleepers, argued that the “City of Moreton Bay Council may have made errors of law and not afforded them natural justice”.

“Importantly the focus was on human rights, and if Council failed to properly consider or limit these including the protection from cruel, inhuman and degrading treatment and the right to privacy; with the Queensland Human Rights Commission and the Attorney General represented today as intervening parties.

“Lawyers for those impacted by Council actions describe the rough sleepers (as) amongst the most vulnerable, who have experienced a roller-coaster of emotions, and feelings of horror and distress as a result of Council action.”

Basic Rights Queensland Director Sam Tracy says: “Destroying the 'homes' of the homeless can be devastating and that's hopefully where the Human Rights Act stands in”.

The Council spokesperson says public spaces are not fit for habitation and people sleeping rough deserve secure accommodation.

“Council continues to work with the State and Federal Governments, as well as long established community groups, to support our most vulnerable and continues to advocate for the establishment of shelter networks and assisted living facilities, to help break the cycle of sleeping rough,” they say.

“Local Government across Australia is not responsible, nor funded for the provision of public housing or shelters.”