A Supreme Court decision to temporarily protect a homeless camp in Kallangur has placed the legality of the policies in place on rough sleeping under intense scrutiny following a human rights challenge.
Court Halts Demolition
A group of twelve people living in a bush reserve on Goodfellows Road were granted a temporary reprieve after lawyers secured a joint injunction. In a court hearing on Wednesday, City of Moreton Bay agreed to halt any action to clear the encampment. The agreement allows the residents to remain until the matter returns to court on 24 July, preventing a repeat of a recent camp demolition at Eddie Hyland Park where an excavator was used to clear tents and personal belongings.
The legal action was spearheaded by Basic Rights Queensland, with pro bono support from Hall & Wilcox and other law firms, who argue that destroying the possessions of people with nowhere else to go is a violation of their basic human rights.
Residents’ Rights at Forefront
Lawyers for the residents painted a grim picture of their clients’ reality. The court heard that the group includes a pregnant woman and many who suffer from severe anxiety, depression, or post-traumatic stress disorder. It was stated that none of the individuals have been offered public housing, despite some being on waiting lists for many years amidst a severe cost of living crisis. Their legal counsel, Matthew Hickey KC, stressed that these are people with no other options who had already lost what little they owned in the previous camp clearing.
Council Cites Safety and Public Interest
Council’s barrister, Felicity Nagorcka, argued that the injunction prevents Council from enforcing its local laws and fulfilling its obligations to public health and safety. She informed the court of concerns regarding fires and rubbish at the site, as well as reports of loud screaming, though evidence was not provided during the hearing.
City of Moreton Bay CEO Scott Waters described the court hearing as a diversion of ratepayer resources from the primary goal of finding housing for the individuals. He also noted that one of the rough sleepers involved in the case had accepted a housing offer just last week. Mr Waters also criticised community charities for what he termed “facilitating” rough sleeping in public parks by providing food and other assistance.
Broader Legal Challenge Looms
This injunction is the first step in a wider legal battle. The case is set for a judicial review in November which will examine the legality of Council’s decision earlier this year to repeal its “Persons Experiencing Homelessness Camping Framework.” The removal of this framework in February effectively outlawed all camping on public land across the City of Moreton Bay.
Legal representatives for the homeless residents stated the court outcome was a success for vulnerable people in the region and that homelessness should not be treated as a crime. The conditions of the temporary stay require the residents to keep the site clean and safe and not impede access for council officers or the public. Council has stated it will conduct daily patrols to ensure compliance.
Published Date 6-July-2025
