UPDATE: In a landmark decision, a judge has ordered Moreton Bay Council to immediately cease the removal of tents used by homeless individuals in public parks. This ruling comes as a significant victory for rough sleepers north of Brisbane, who have faced ongoing evictions.
On October 27, 2023, Justice Paul Smith issued the injunction following a legal challenge from Basic Rights Queensland (BRQ) and the Northwest Community Group. The court’s intervention aims to protect vulnerable residents from further displacement amidst a heated legal battle over the council’s eviction practices, set for a full hearing in November.
The council’s eviction actions in Eddie Hyland Park during April 2023 raised serious concerns when rangers and police used excavators to destroy shelters, leaving many homeless individuals exposed. This incident followed a controversial council decision in March, which criminalized camping on public land, introducing fines of up to $8,000 for violators.
Residents previously living at the Lawnton park were forced to relocate to a nearby encampment in Kallangur. With the looming threat of compliance notices and further evictions, BRQ sought legal protection for 11 individuals residing there.
During the court proceedings, lawyers for the council argued that there were no immediate plans to enforce eviction notices. However, BRQ’s legal representatives countered, emphasizing the real risk of displacement without guaranteed protections.
Justice Smith highlighted the potential human rights violations inherent in the council’s actions, stating, “Insufficient consideration was given to those rights before the decision was made.” He acknowledged that the absence of a legal undertaking posed a significant risk to the homeless community, who could be left vulnerable to harsh weather conditions.
In response to the ruling, Paul Slater, founder of Northwest Community Group, expressed relief and reaffirmed their commitment to fighting for the rights of the homeless. “We will take every council to court if we have to. It isn’t right what’s been happening, and we’ve just had it verified by a court,” he stated passionately.
As this situation unfolds, all eyes will be on the upcoming hearing in November, where the legality of the council’s actions will be scrutinized. Advocates remain hopeful that this court ruling will serve as a catalyst for change in how local governments address homelessness and human rights concerns.
Residents and supporters are urged to stay informed as developments continue to emerge, emphasizing the critical importance of safeguarding the rights and dignity of those experiencing homelessness.
