This decision comes as Council seeks feedback on a proposed Community Amenity Amendment Local Law 2026, a new draft regulation aimed at managing encampment equipment on council land, roads, and footpaths. Feedback closes on Sunday 29 March 2026.
In Queensland, Human rights groups took their case to the Supreme Court after the Moreton Bay Council made all homeless camping illegal in March last year, prompting a series of evictions throughout 2025.
The Queensland court found the council did not give homeless people a reasonable period of time before enforcing their evictions and stated that the number of homeless people “far exceeded” the social housing capacity in the region.
However, complicating matters, the court did not grant a request for a permanent injunction that would have prevented future evictions. This means the council can continue evictions in future, provided they do so within the bounds of the law.
Responding to the ruling, Moreton Bay CEO Scott Waters said 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.”
He added that “public spaces are for use by everyone and are not fit for habitation. Camping on public land, and the storing of goods on public land without approval, contravenes council’s local laws.”
A closer read of the ruling suggests it was the process, not the eviction itself, that concerned the judge.
The court said the council should have:
> Considered individual circumstances rather than relying on pre-filled notices and a predetermined course of action.
> Undertaken a balancing exercise considering risks to public health and safety, property damage, loss of amenity, environmental harm, and how long the person had been aware of the contravention.
> Arranged accommodation or provided longer notice periods.
> Avoided arbitrary actions.
> Not disposed of property without consent.
> Considered human rights of the people more deeply.
Sources: ABC News, Council statement, Court judgement
No doubt the legal challenge cost the Moreton Bay Council a significant amount – a costly lesson in the risks of arbitrary action. The ruling also focuses local attention on the procedures that must proceed actions taken under similar local laws.
The ruling also highlights the risk of allowing encampments to become established and effectively operate as informal housing, leading to an accumulation of possessions and infrastructure – something we are reporting near the Junction Oval, where the sprawling camp is set to reach the one year mark unchallenged.
What’s being proposed in Port Phillip?
Here is a summary of the proposed amendment, now open for community feedback (closing 29 March).
The amendment seeks to further regulate the presence of individuals who camp or intend to camp on public land within Port Phillip.
A key addition specifically addresses encampment equipment on council land, roads, and footpaths.
The section defines “encampment equipment” broadly to include mattresses, tents, shelters (cardboard or otherwise), and any other chattel intended or adapted for camping or sleeping.
Importantly, the law emphasises that it is not intended to criminalise social or economic disadvantage or chronic health issues, nor to create barriers to seeking or receiving support from appropriate health and social services.
It acknowledges that individuals may be in vulnerable situations due to homelessness, family violence, social/cultural/economic marginalisation, or chronic physical or mental health issues.
In situations where Part 4A would typically apply, authorised officers must first use best endeavours to address the behaviour by working with local health and outreach services and/or considering any non‑punitive options outlined in the Procedure and Protocol Manual.
Under the new clause 55C, an authorised officer may direct a person to remove encampment equipment if:
they are present on council land, a road, or footpath with the intention of camping or sleeping,
they possess encampment equipment, and
their behaviour adversely affects—or is likely to adversely affect—the amenity of others or puts the safety or welfare of a person at risk.
Individuals are required to comply with such a direction, but the law explicitly states that failure to comply is not an offence and does not attract a penalty.
If a person does not comply, an authorised officer may remove and impound the equipment. The impoundment process will follow existing subclauses (2)–(7) of clause 78 of the Principal Local Law.
