Moreton Bay Council defends bulldozing of Kallangur homeless camp in Supreme Court
A council in Queensland is facing a High Court challenge after destroying homeless people’s tents and belongings.
The trial, which began on Monday, focuses on whether Moreton Bay City Council violated human rights, including the right to housing and privacy, the right to property and the right to be protected from cruel or degrading treatment.
The council warned the outcome could affect how all 77 local governments in Queensland enforce their local laws.
The dispute follows an incident in April when council officers cleared the Eddie Hyland Park camp after issuing compliance notices.
Campers said they were given less than an hour to pack their belongings before the site was bulldozed.
Many of those affected were later moved to the municipal bush reserve at Kallangur.
The council later ordered the Kallangur campers removed, but halted the demolition after lawyers for the 11 campers obtained an injunction pending a hearing.
Lawyer Hamish Clift from Fundamental Rights Queensland, who represented the applicants, said residents had not freely consented to the council disposing of their property.
He told the court that municipal officials put pressure on people and gave them less than an hour to collect their belongings.
“All Queenslanders have human rights… under the law homeless people have human rights too,” Mr Clift said.
Human Rights Commission barrister Lachlan Grant told the court the council should consider the range of actions available to them and take a different approach.
King’s Counsel Scott McLeod, representing the council, argued the campers had no legal right to remain on the reserve.
“It is illegal to camp or stay unless given permission,” Mr McLeod told the court.
He said applicants were “already prohibited from camping or placing items on public land.”
Mr McLeod added that the council gave residents the opportunity to collect their belongings before the area was bulldozed, meaning “there was no human rights violation”.
Mr McLeod said: “There is no evidence of any health effects the applicants suffered as a result of the tip-off,” arguing that the tip-offs did not deprive anyone of their life.
On allegations that the council’s actions amounted to degrading treatment, he argued that the Human Rights Act required conduct of “serious severity” but this had not been achieved.
“There was nothing derogatory or cruel in publishing the notices in question… camping is already illegal,” he said.
The court was told that some residents were offered housing when the notices were published, while others received offers later.
Some of the campers had been living on the property for months.
Judge Paul Smith questioned whether that period could make the site a person’s home under the Human Rights Act, noting a woman had been there since September 2024.
Mr McLeod said that was not long enough.
Mr Grant, of the Human Rights Commission, raised the question of “how much time is devoted to human rights issues”.
He said that even when “lawfully applying the law” authorities must still take into account their human rights obligations. Judge Smith reserved judgment for a later date.
“The destruction of homeless people’s ‘homes’ could be devastating” at the point where the Human Rights Act comes into play, says Queensland Fundamental Rights Director Sam Tracy, whose team is assisting with the case along with other charity lawyers.
“This is a David and Goliath battle. At the same time, the government’s response to the cost of living crisis is on trial,” he said.
“We are confident that the court will deliver a decision that will help councils across Queensland move towards best practice assessments of human rights for some of our most vulnerable people.
“The QHRC speaks of the Human Rights Act building a culture of human rights in Queensland. Whatever the outcome of this case, the spotlight is on councils, it is on all Queensland decision-makers to build that culture.”
Moreton Bay Council has said public spaces are unfit for habitation and rough sleepers deserve safe accommodation.
A spokesman said the council was working with the state and federal governments and community groups to support vulnerable residents, but the local authority was not funded to provide public housing or housing.
They said the case was a legal dispute over whether councils could enforce local laws and warned the outcome could affect councils across Queensland.
“The City of Moreton Bay has not imposed any penalties on people experiencing homelessness,” the spokesperson said.
“The council makes and submits local laws equally to the whole community.”
The council said it was working with frontline services, housing providers, community groups and all levels of government to provide practical support, including crisis and transitional housing and wraparound services.
The council’s initiatives include the public realm liaison officer programme, a $3.7 million peninsula support centre, a “sleep bus”, land for social and affordable housing, fee waivers for housing development and participation in inter-agency partnerships and government advisory councils.
The council said it was also advocating for a youth foyer, increased homeless outreach funding and special health and housing programs for vulnerable residents.
