TWiSK takes a deep dive into next week’s vote on changes to local laws about homeless encampments. It’s a heated issue with big implications for community safety, respect for people experiencing homelessness, human rights and civil society.
This is not academic. It’s not happening elsewhere. It’s beyond personalities and it defies principles. On Wednesday, councillors will choose between accepting the changes as proposed, rejecting them or starting afresh. If they vote yes, there are still a number of further hurdles to jump before the changes become law.
TWiSK is proud to present a range of perspectives, generated co-operatively with each interviewee:
- Police commander: Inspector Brett Coloe
- Community legal advocate: Mel Dye, Southside Justice
- Housing advocate: Sherri Bruinhout, Launch Housing
But first: a preview of the vote
Encampments on public land are a heated issue. That’s nothing new. St Kilda has been grappling with chronic homelessness, rough sleeping and a heightened perception of crime, lawlessness and civic decay for decades, maybe more.
This week, council will vote on its next response to this enduring concern. After considering 136 pages of background presented in the agenda papers, councillors will vote on two options:
Option A: Amend the Community Amenity Local Law.
Option B: Not amend the Community Amenity Local Law.
The law allows for the removal of encampment materials as a last resort when an encampment poses ‘adverse amenity impacts or may risk safety or wellbeing’. No fines for camping are proposed, and the materials will be stored and returned on request.
Here are two key elements of the proposed changes.
“The proposed Local Law amendment provides that, where person or persons are camping with encamping equipment and behaving in a manner that has adverse amenity impacts or may risk safety or wellbeing, an authorised officer can direct the person to remove the encampment equipment from council land. If the person does not comply with the direction, the council officer can remove and impound the encampment equipment.
“Prior to authorised officers directing items to be removed, authorised officers must use their best endeavours to address the behaviours that are adversely impacting amenity or safety with support through local health and outreach services.”
But wait, there’s more
Also in the mix is a new operating protocol between the City of Port Phillip and Victoria Police. Negotiated by local police leadership with council officers, the protocol has several ‘breakthrough’ features, including:
- Police commitment to joint patrols between council local laws officers and Victoria Police.
- Weekly operational meetings with council, Victoria Police and other service providers to assess the status of individuals and encampments, agree on enhanced service delivery, and determine which parties should attend specific local law patrols.
- Encampment resolution: when an encampment is identified, council and Victoria Police will convene a meeting of service providers to create a strategy to connect individuals to housing and other supports, and request they leave the encampment. Meetings will continue until the encampment is resolved.
Read detailed summary of protocol
Important stuff, but questions remain about human rights and the application of the Victorian Charter of Human Rights. The Queensland court rejection of actions by Moreton Bay Council to remove encampments on human rights grounds reinforced these concerns.
TWiSK raised these issues with Port Phillip CEO Chris Carroll, who said council had legal advice that the proposed amendment doesn’t infringe the Victorian Charter of Human Rights and Responsibilities.
‘After considering the advice and our own review of the Moreton Bay court ruling, we don’t consider there are legal implications due to the differences between our proposed approach and that of Moreton Bay,’ he said.
In a written statement, he listed key distinctions between the Moreton Bay and local situations. These are reproduced in full below.
TWiSK takes a deep dive
In an attempt to inform readers, we ‘reached out’, as they say, to three key agencies working on the frontlines of these issues: Launch Housing, Victoria Police and Southside Justice. The interviewees are pictured above: Sherri Bruinhout, Brett Coloe and Mel Dye.
We are proud to present their views, briefly and co-operatively.
Police back local protocol and law changes
When TWiSK spoke with Inspector Brett Coloe, he said he was finalising a revised local protocol for working with people experiencing homelessness. ‘It’s been tested through our chain of command, reviewed by our Legal Services Department and from a Human Rights Charter compliance perspective and has been endorsed by all, so I would say we are close to signing,’ he said with a broad smile.
He also backed proposed local law changes about encampments, arguing the measures will operate alongside the protocol.
‘It’s about reducing the fear among residents, traders and visitors caused by perceptions of crime such as drug use, theft, weapons offenses, and intimidatory behaviour, all linked to the encampments.’
As the area’s senior police inspector, Coloe said his focus was on bringing people together — businesses, residents, government and non-government agencies, and council — to test collaborative responses and consider changes to local laws.
He said the approach was intended to ease long-running tensions in the precinct by placing social services at the centre of the response, supported by stronger enforcement powers.
In his view, local law reform is the key mechanism for aligning agencies around a social services-led approach.
Coloe said the goal was to improve outcomes for people living in encampments and respond to issues — such as those raised at the Ngargee Tree encampment — by exploring a dedicated gathering place where First Nations people could access social and cultural services.
He said maintaining the status quo was not an option and that work to date had already led to an ‘uplift in the situation’.
Laws can’t give people a place to sleep
TWiSK spoke to Mel Dye, Chief Executive Officer of Southside Justice, to get the community legal perspective on the proposed laws.
‘The councillors’ vote on Wednesday is just one step in a lengthy statutory process to ensure any local law meets the requirements under Victorian legislation.’
‘Compliance with the Charter isn’t a simple yes or no. Public authorities, including Councils, must apply principles such as reasonableness and proportionality when making decisions.’
‘Disputes about whether the Council’s actions and decisions are compatible with the Charter is ultimately determined by the Supreme Court.’
Dye said that, in her view, the proposed laws are not consistent with the Charter.
‘Council and local agencies, including police, are already following protocols that offer support and referrals.’
‘Allowing authorities to confiscate basic possessions such as swags and blankets is more likely to escalate situations, rather than resolve them.’
‘Taking away people’s stuff doesn’t change the fact that there aren’t enough homes to get everyone off the street.’
‘Laws can’t, by themselves, give people a place to sleep. It’s a challenge to all levels of government to work to end homelessness.’
‘If the laws don’t win support, the community can and will continue to support people in ways that are already making a difference in so many lives.’
Housing changes lives
Launch Housing knows almost everybody rough sleeping in St Kilda and surrounds by name. The by-name list of people sleeping rough is part of a proven Housing First strategy that supports people from the streets into long-term housing and support.
That’s Launch Housing CEO Sherri Bruinhout’s bottom line when we talked to her for this story.
‘It’s the most successful strategy here and in many places around the world. Get to know people, build their trust, support them to transition into stable housing and you get a 90% success rate.
‘That’s 90% of people in housing not going back to the streets,’ she said.
Sherri emphasised that her teams had always worked closely with VicPol and that they cannot do their job without police.
‘But VicPol is a law-and-order organisation. If a member of the public asks for help with housing, the police rightly say to contact us because that’s our skill.
‘Our mission is to build trust and steer people into stable housing.’
Bruinhout says the causes of, and solutions to, rough sleeping are beyond the individual. High costs of living, low incomes and domestic violence are pushing more people into rough sleeping, and problems with mental health and substance use follow.
‘If we want to end rough sleeping, the “system” needs to join the effort to end homelessness,’ she said.
That gets us to the tricky issue of the proposed local law amendments on encampments.
‘If people are forcibly and constantly moved on, they often lose basics like bedding, money and ID. This severely disrupts our outreach and trust building.
‘An unexpected consequence may be that moving people on breaks our contact and we struggle to reconnect. Then when we find a housing option, we can struggle to find them again and they miss out.’
Bruinhout says a partnership with the state government to provide more social housing options, plus skilled outreach, is the proven formula for success.
‘That would make a lot of people happy,’ she said.
‘Ultimately, pretty much everyone in Australia agrees that housing is fundamental. Everyone wins when someone homeless is housed: the individual, the community, the police, the hospitals…the impact goes on. Housing changes lives.’
Summary of Police Council protocol
The Operating Protocol between the City of Port Phillip and Victoria Police, found on page 177 Agenda Attachment 6, outlines a collaborative approach to addressing rough sleeping and encampments.
Background and Purpose:
The protocol was developed in response to concerns from local residents and business owners regarding the adverse amenity impacts of large encampments, including issues like drug paraphernalia, drug use, dealing, and intimidating behaviour. A Community Safety Roundtable recommended its development to improve public safety and perceptions of safety. The protocol expresses the desire of both the council and Victoria Police to work together to improve responses to rough sleeping generally and encampments specifically.
Key Aspects of the Protocol:
- Expectations and obligations of the parties: The council assists rough sleepers through advocacy, funding services, outreach and housing support. The Port Phillip Zero program has been effective in reducing rough sleeping. Daily patrols by local laws and cleaning crews include rubbish removal and pressure washing. For personal items that need to be moved, the council works with the homelessness sector to find storage solutions.
- Joint patrols: a commitment to joint patrols between council local laws officers and Victoria Police. These patrols aim to improve perceptions of safety, mitigate brewing issues, resolve problems early, and provide a visible presence on the street.
- Weekly operational meetings: the council, Victoria Police and other service providers will meet weekly to coordinate support for the community, rough sleepers and encampment issues. These meetings will assess the status of individuals and encampments, agree on enhanced service delivery, and determine which parties should attend specific local law patrols.
- Victoria Police contacts for local laws officers: Victoria Police will provide a dedicated contact for non-urgent situations to enhance safety and response efficiency during patrols. This contact will prioritise safety concerns affecting staff or the community. For emergencies, 000 should still be used.
- Quarterly briefings: Victoria Police will provide quarterly updates to councillors on the implementation of these protocols, crime statistics, and emerging issues.
- Encampments: for more challenging encampments that require a dedicated response beyond the usual Port Phillip Zero program, the protocol defines an encampment as any mattress, tent, or similar items. When an encampment is identified, the council and Victoria Police will convene a meeting of service providers to create a strategy to connect individuals to housing and other supports and request they leave the encampment. Meetings will continue until the encampment is resolved.
- Regulatory framework: City of Port Phillip local laws officers can issue warnings, Notices to Comply and infringement notices, and may impound items. The Community Amenity Local Law 2023 includes clauses on behaviour, camping and furniture on public land.
- Human rights: both parties commit to adhering to overarching human rights obligations. Any action that may impact or limit human rights will be lawful, for a legitimate purpose, necessary and proportionate, with the least restrictive alternative considered first.
Council comment on human rights charter
From Port Phillip Council CEO Chris Carroll
“Any change to a local law requires a solicitor’s certification that it is not inconsistent with the Victorian Charter of Human Rights and Responsibilities.
“In a meeting with our solicitor, they advised the proposed amendment doesn’t infringe the Charter.
“After considering the advice in that meeting, and our own review of the Moreton Bay court ruling, we don’t consider there are legal implications due to the differences between our proposed approach and that of Moreton Bay.”
Key differences:
- Human rights safeguards: Moreton Bay had no formal safeguards, while Port Phillip’s amendment would require an outreach-first approach before enforcement
- Trigger for action: Moreton Bay treats camping itself as an offence; Port Phillip would require evidence of intent and impact
- Enforcement approach: Moreton Bay used fines, notices and removals; Port Phillip does not and will not issue penalties and may only impound items in certain circumstances. Any impounded possessions may be reclaimed at no cost.
Further information is on our website: Background: Community Amenity Amendment Local Law 2026 | Community Amenity Local Law Amendment 2026 | Have Your Say Port Phillip
