In a decision with significant implications for local governments across Queensland, the Supreme Court has ruled that the City of Moreton Bay acted unlawfully and breached human rights during the forced removal of a homeless encampment in Kallangur.
The ruling, delivered Friday, marks the first time a Queensland court has found that local government enforcement actions against rough sleepers directly violated the Queensland Human Rights Act (2019).
The legal challenge was brought by 11 residents of a public site on Goodfellows Road. The group had sought refuge there after being evicted from Eddie Hyland Park in Lawnton during a series of council-led clearances in 2025.
The residents argued that the council’s use of eviction notices and the subsequent disposal of their personal property—including tents, bedding, and medication—denied them their right to liberty, security, and the right to property.
Justice Paul Smith found that the City of Moreton Bay failed to fulfill its obligations under Section 58(1) of the Human Rights Act, which requires public entities to give proper consideration to human rights when making administrative decisions.
Key points from the judgment include:
- Social Exclusion: The court noted that the council’s actions contributed to the “social exclusion and stigma” of vulnerable citizens.
- Unlawful Action: The specific method of issuing notices and the summary disposal of residents’ belongings were deemed to have no lawful basis under the council’s own local laws when weighed against human rights protections.
- Failure of Process: The judge ruled that the council had not sufficiently explored alternative housing pathways or support services before proceeding with enforcement.
The ruling is expected to serve as a legal precedent for how councils manage public spaces and homelessness. Legal experts suggest that local governments can no longer rely solely on “move-on” powers or local laws to clear encampments without a rigorous, documented assessment of the human rights impact on those affected.
While the City of Moreton Bay had previously amended its local laws to restrict camping on public land, this ruling clarifies that statutory laws do not override the protections afforded by the State’s human rights framework.
Advocacy groups, including Basic Rights Queensland, have hailed the decision as a “turning point” for the treatment of homeless individuals in the state.
The City of Moreton Bay and the plaintiffs are due to return to court in three weeks to determine remedies and costs. Other Queensland councils are currently reviewing their own policies in light of the decision to ensure compliance with the Human Rights Act.
City of Moreton Bay Response
In a statement released following the decision, the City of Moreton Bay maintained that its officers acted in the interest of public health and safety. Key points from the Council’s response include:
- Jurisdictional Responsibility: The Council emphasised that local governments are neither responsible nor funded for the provision of social housing or shelters, asserting that this remains the constitutional responsibility of State and Federal governments.
- Rule of Law: Council argued that the Human Rights Act was not intended to “inhibit the rule of law” or prevent councils from enforcing local laws designed for the benefit of the entire community equally.
- Public Resources: Council expressed disappointment that significant public resources were consumed by the legal matter, noting that “no one will achieve a housing solution based on the outcome of this case.”
- Support Initiatives: The statement highlighted Council’s ongoing investment in homelessness support, including $3.7 million for the Peninsula Support Hub and the employment of Public Space Liaison Officers to connect vulnerable individuals with State services.