On Wednesday 6 May the City of Port Phillip Council voted to implement a new by-law on rough-sleeping encampments, the “Community Amenity (Amendment) Local Law 2026”, and a new protocol between the Council and Victoria Police. The focus is on camping equipment on Council land, roads and footpaths and empowers Council officers to direct removal of camping equipment and impound it if the direction is not followed.
The decision followed an exhaustive process of consultation, consideration and debate. The subject matter of the by-law is complex and sensitive. The Council was responding to deeply felt community concerns about safety and amenity, and grappling with important human rights issues affecting rough sleepers. Part of the Council’s response was the convening of a Community Safety Roundtable. I was the Chair of that Roundtable.
There are 37 recommendations in the Roundtable’s report. Foremost is support for neighbourhood policing, greater visibility of police, an effective system of joint street patrols by council officers and police, strengthening the City of Port Phillip’s collaboration with the social support sector, and maintenance of a human-rights based policy approach to housing, homelessness and mental health. A key to this approach, and a priority recommendation, is an effective protocol between the council and the police. Last Wednesday’s decision delivers that protocol.
I said in the report that, as impressive as the work done on the issue of homelessness has been in Port Phillip, there needed to be change. The changes introduced by the by-law and the protocol seem to me a carefully calibrated, fair and proportionate response to an exceptionally difficult issue.
When I wrote the report I did not believe that legislative, or by-law, change was the answer. But the challenges of encampments remain and these changes are in my opinion a sound response to one aspect of what is a multi-faceted issue.
The by-law and protocol have a narrow focus: camping equipment in encampments. They are not a repeat of the earlier proposal to change the by-laws under which camping on Council land, or public places, is prohibited but which exempts homeless people or those with “complex needs”. The Roundtable report opposed removal of that exemption and it remains in place.
In a clear articulation of the intention of the Council, the words of the Public Notice of the proposed by-law state, “the Local Law gives authorized officers the power to exercise their powers only when encampments are causing adverse impacts on amenity or community well-being, while ensuring a continued focus on welfare. Although any exercise of power remains a last resort measure, the change may prevent camps from developing in ways that create safety and amenity risks for the community.”
It is also instructive the note the terms of the new by-law.
Section 55A sets out its guiding principles : officers must recognize that people may be “experiencing homelessness, trauma, family violence, chronic illness, addiction or other complex vulnerabilities”; they must apply “ a trauma -informed, culturally safe and human rights based approach;” they must “prioritise engagement support and referral over enforcement;” must use enforcement and impoundment as a last resort”, and must ensure that their actions are “proportionate, necessary and reasonable in the circumstances.”
Given the concerns expressed during the roundtable about the risks of certain measures criminalizing homelessness, I note the statement in the Guiding Principles that nothing in the new by-law “is intended to criminalise poverty, homelessness or social disadvantage”. The protocol reflects the same approach.
The vote on the night was tight and the debate reflected deep consideration of the issues- principled and conscientious on both sides. I support the changes introduced by the by-law and the protocol but at the same time I have great respect for the members of Council who did not.
The City of Port Phillip, and its hardworking officers, are to be commended for their sustained and diligent work on this uniquely complex and controversial issue.
Ian Gray AM is a retired lawyer, former judge, Chief Magistrate and State Coroner of Victoria. He lives in St Kilda.
