More than 30 members of the public were at the meeting to raise questions and make statements about the local law proposals. Councillors also grilled council officers on the detail of the proposed laws and police protocol in a sustained, forensic manner not often seen at Port Phillip.
The scene was set for the local law showdown of epic consequence
The council chamber buzzed with tension as debate began on proposed local laws concerning homeless encampments. After extensive consultation, petitions and months of building working relationships between community agencies, council and police, what would be the next step?
Would councillors vote for the status quo, or support more determined action on encampments?
Thirty minutes of condensed division
In the end, the debate was passionate but clinical, with Mayor Alex Makin enforcing a three-minute limit on speakers for and against. In 30 minutes, all councillors ‘stood up’ and explained their vote on the proposed local law amendments.
The mover, Cr Rod Hardy, opened by highlighting a year-long process involving extensive consultation, expert opinions and legal compliance, including the Human Rights Act.
“The core of the proposal requires officers to first use “best endeavours” with health and outreach services and non-punitive options.”
He said the law promoted community safety and showed clear leadership by focusing on adverse effects to amenity or safety rather than being homeless.
The seconder, Cr Serge Thomann, argued restrictions on camping were reasonable and proportionate for public safety and amenity.
He acknowledged consultation fatigue, but emphasised the need for a decision.
“People have engaged, responded, signed, debated, and now they’re looking for a decision.”
Cr Libby Buckingham voiced strong opposition. She began with an acknowledgement of Country, noting the disproportionate impact on Indigenous people. She cited an Indigenous elder’s plea to “keep people alive” and the recent deaths of three Aboriginal rough sleepers. Buckingham argued the law would make their work harder and that the council’s “housing first” approach had been successful, including housing 26 people in Madden House. She warned of legal risks, calling the law a “massive distraction” and criticising its lack of clear definitions for triggering behaviours and timelines.
“This local law has every risk register flashing red. We’re going to be the legal guinea pigs and we’re going to be dragged through the courts.”
Deputy Mayor Cr Byran Mears countered, emphasising safety. He argued unregulated encampments posed risks such as fires and poor sanitation, and that clearer laws would lead to fairer outcomes. He stressed the aim was not punishment, but connection to support—moving people from unsafe situations to housing and services. Mears highlighted the cost-effectiveness of early intervention and the need for stronger partnerships with other agencies.
“Doing nothing isn’t compassionate. Allowing unsafe encampments to become entrenched can actually worsen harm for the people living there and for the wider community. Early intervention reduces long-term damage and cost.”
Cr Louise Crawford expressed deep concern for rough sleepers, saying the community had already taken many actions, including increased housing support, outreach and a formal protocol with police. She argued the proposed law would not stop antisocial behaviour and questioned the fairness of removing a person’s belongings.
“I do not and cannot believe that taking away taking away someone’s cardboard box or their bedding is reasonable or fair or make any of us safer. It will not de-escalate the situation. It will not improve anyone’s amenity.”
Cr Beti Jay emphasised compassion for all, including vulnerable people on the streets who are victims of antisocial behaviour. She said the motion was shaped by community consultation and aimed to keep everyone safe, not to discriminate. Jay argued current systems were failing, leading to open drug use, violence and crime, and that the motion addressed these “systematic failures”.
“My hope is that through this process, we can all bring more compassion, more understanding, not just for some in our community, but really for everybody.”
Cr Heather Consolo struggled with the decision, acknowledging the complexities and the lack of clear definitions for “antisocial behaviour” and “encampment”. She raised concern for women sleeping rough who seek safety in numbers and questioned whether an angry outburst towards an officer would be considered antisocial behaviour. He voice faultered with emotion, she was clearly distressed.
Cr Justin Halliday said existing laws were already effectively managing encampments and that the situation had improved. He argued criminal acts should be handled by police and that the proposed law would not solve complex problems. Halliday said 76% of the community consultation opposed the laws, urging the council to listen to its constituents.
“Our community told us loud and clear, 76% not to enact these local laws. If we go back on that, we erode the trust of our community again because we’re listing with only one ear.”
Mayor Cr Alex Makin concluded by reminding councillors existing laws – including Section 42, which provides exemptions for homeless people – would remain. He said the new law focused on behavioural triggers, starting with service providers and escalating to police as a last resort. He acknowledged no law is perfect, but described it as an “additional tool” to support the community.
“We’re trying to focus on behaviours, not the situations of people that are rough sleeping. No local law is ever going to solve all the problems in this city or any other city. What it does however give us is an additional tool.”
The motion was carried:
FOR: Thomann, Mears, Jay, Hardy, Makin
AGAINST: Buckingham, Crawford, Halliday
ABSTAIN: Consolo
Next steps
There is a lengthy statutory process before the changes become law, including:
- A legal certificate from an independent qualified lawyer certifying the proposed local law is consistent with local law requirements
- Publication in the Victorian Government Gazette and on council’s website
- A final public notice from council advising when the amended local law will come into operation
After commencement, the amended local law is in force and enforceable from the stated operation date.
