Moreton Bay Council Violated Human Rights of Homeless Campers, Supreme Court Rules

The Supreme Court has ruled that the City of Moreton Bay council violated the human rights of homeless campers during evictions. This decision follows a legal challenge initiated by Basic Rights Queensland on behalf of the affected individuals.

The council had prohibited homeless camping in March of the previous year, resulting in evictions in 2025.

Errors of Law Identified

Justice Paul Smith identified multiple "errors of law" by the council, including the disposal of campers' tents and possessions without their consent. The council had contended that homeless individuals implicitly consented to the seizure and destruction of their property.

The council had contended that homeless individuals implicitly consented to the seizure and destruction of their property.

Lack of Notice and Housing Crisis

Justice Smith determined that the council failed to provide a reasonable timeframe before enforcing evictions. He also noted that the number of homeless individuals "far exceeded" the available social housing in the area.

Justice Smith commented that applicants were homeless due to an inability to afford suitable accommodation and were sleeping in public parks. He further stated that displacing individuals without alternative housing can intensify hardship and psychological distress.

"Displacing individuals without alternative housing can intensify hardship and psychological distress."

No Permanent Injunction, Future Discussions

However, the court did not issue a permanent injunction that would have prevented future evictions. This means the council retains the ability to conduct evictions, provided they adhere to legal requirements.

The Queensland Human Rights Commission participated in the case, supporting the argument that the council's actions infringed upon human rights. Further discussions between the parties are scheduled in three weeks to address the implications of the ruling.

Advocates Seek Compensation, Precedent Set

Sam Tracy, director of Basic Rights Queensland, indicated that his organization would pursue financial compensation for homeless individuals whose belongings were destroyed. Mr. Tracy highlighted the case's significance in establishing a precedent for how councils manage homeless populations.

The case sets a precedent for how councils manage homeless populations.

Debbie Bobeldyk, an evicted camper, stated her consistent position that homeless individuals did not consent to the destruction of their property, citing the loss of her daughter's ashes during an eviction.

Beau Haywood, founder of Nourish Street, expressed an expectation that the verdict would lead to more compassionate treatment of homeless people and serve as a caution to other councils.

Council Responds: Funding and Local Laws

Moreton Bay chief executive Scott Waters responded by stating that Australian councils lack the funding and resources for public housing or shelters. Mr. Waters remarked that the court's decision did not provide homes for people experiencing homelessness and involved substantial ratepayer resources.

He also asserted that the Human Rights Act 2019 (Queensland) should not override council local laws aimed at ensuring community safety, health, and amenity.