06/03/2026
Interesting read with complex problems, that are attempting to be solved with a simple solution - that's a breach of human rights.
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The City of Moreton Bay has been found to have breached the human rights of people experiencing homelessness in what is being called a landmark ruling. For years, vulnerable residents have faced eviction from public parks with nowhere else to go, and today the Queensland Supreme Court confirmed that the council’s approach was unlawful and failed to respect basic human dignity.
Justice Paul Smith found that the council acted wrongly when it removed tents and personal belongings without the consent of the people affected. Many people were given little to no notice before being moved on, and the court acknowledged that the number of people sleeping rough in the region far exceeds the available social housing. Forced relocations without alternative accommodation were recognised as likely to cause serious hardship and significant psychological harm.
This case was brought by a group of eight individuals who challenged the council’s actions after being evicted from public spaces. It is about more than a legal technicality. Even when people have nowhere to sleep, they still have rights. Homelessness is not a problem that can be solved through eviction notices and clearing people from public spaces. It is a social issue that demands compassion, support, and practical solutions.
Nourish Street Inc, was founded by Beau, who has lived experiences of both homelessness and addiction. The charity supports hundreds of people each week across Moreton Bay and Brisbane, providing essential services such as meals, clothing, hygiene and tent packs. Beau described the ruling as an important moment for human rights, confirming that even when people are sleeping rough, their dignity and rights must be respected.
The council has stated that public spaces are for use by everyone and are not fit for habitation, and that camping on public land and storing goods without approval contravenes local laws. They say they are actively working with the State and Federal Governments and community groups to support vulnerable people, and continue to advocate for shelter networks, assisted living facilities, and supportive housing solutions. According to the council, “Public spaces are for use by everyone and are not fit for habitation,” and “Council remains committed to balancing the needs of all members of the community.”
However, despite these assurances, the reality on the ground tells a different story. Thousands of complaints about safety, public health, and the use of public land have been logged, yet the council has relied on enforcement rather than addressing root causes. The council itself admits that the Human Rights Act is not a licence to do what is otherwise unlawful, and that local government is not funded or resourced to provide housing. While technically correct, this highlights a gap between law and the support needed to help people survive. For a council responsible for thousands of people struggling to find safe places to sleep, this focus on compliance over care raises serious questions about priorities.
Late February, the council issued further compliance notices relating to alleged alterations of public land by people experiencing homelessness. Each notice carries the maximum penalty of $8,345, yet the council claims it has never enforced a financial penalty against anyone experiencing homelessness and no records exist showing it has ever been applied. For an organisation dealing with thousands of complaints about people sleeping rough, these claims are difficult to believe. It points to a system more concerned with appearances than practical solutions.
The Supreme Court ruling does not prevent the council from conducting future evictions, but it makes clear that any action must operate within the law and respect human rights. For a council that has spent significant resources issuing compliance notices, evicting people, and removing their belongings, this ruling highlights how enforcement-focused policies have repeatedly failed the most vulnerable in the community. It is a moment for Moreton Bay and councils across Australia to reflect on the human cost of prioritising infringements and clearances over practical support and housing solutions.
Homelessness is a complex social issue that cannot be solved with punitive measures alone. While the council continues to enforce local laws, thousands of people remain without safe places to sleep, and resources that could go towards shelters, support services, or pathways into housing are instead spent on enforcement actions. Real solutions require collaboration between governments, community organisations, and housing providers to create stable and safe options for people experiencing homelessness. The court has made it clear that dignity, respect, and compassion must guide any approach, not just the strict application of local laws.
This is a call to action for the City of Moreton Bay. Relying on compliance notices, evictions, and the removal of personal belongings is not a solution. Vulnerable members of the community deserve more than enforcement. They deserve safety, stability, and a chance to live with dignity.
