By Tom Cowie
A proposal to fine homeless people within the City of Port Phillip has been scrapped as the council investigates changes to local laws that would give it powers to disband encampments.
Frustration with rising crime and drug use in the municipality, as well the council’s measures to combat the issue, bubbled to the surface during a debate over homelessness and community safety at a council meeting on Wednesday night.
Residents have raised concerns about anti-social behaviour connected to homeless encampments in St Kilda.Credit: Joe Armao
A petition with almost 1200 signatures was presented to the meeting opposing a change to local laws that would have allowed council officers to issue infringement notices to people sleeping rough.
Under the changes, which were outlined at a council meeting in February, rough sleepers would be explicitly prohibited from camping on council land, roads or footpaths, removing previous exemptions for the homeless or if they have other complex needs, such as a disability or illness.
The proposal will not proceed after concerns were raised that the laws might not meet human rights legislation.
Instead, the council will investigate a new law to allow it to designate encampment “hotspots” as temporary no-camping areas if they are raising safety and amenity concerns.
The City of Port Phillip has backed away from a law that would lead to fines for those sleeping rough.Credit: Joe Armao
Fines would not be issued to those who refuse to move on but the council could impound camping equipment, such as mattresses, tents, sleeping bags and pillows, belonging to those who ignore the order.
The new law was described as a last resort if offers of housing and healthcare by social service providers were not accepted. A submission from Victoria Police supported the changes.
It was noted that Merri-bek and Port Phillip are the only councils with an exemption for rough sleepers to camp on public land.
Dozens of members of the public spoke about the issue during an at-times emotional council meeting that stretched over four hours.
Dozens of members of the public spoke about the issue during an at-times emotional Port Phillip Council meeting.Credit: Simon Schluter
There was a mix of views, ranging from those who wanted the council to do more to improve safety to others who were worried about marginalising homeless people.
Jason Rouda, of St Kilda, said property damage, drug use, drug dealing, violence and threatening behaviour were directly linked to unmanaged encampments.
“These camps not only endanger the broader community, but also the vulnerable people within them who are being exploited and harmed,” he said.
“Your current policies protect no one, not residents, not businesses, and not the vulnerable.”
Another resident, Geoffrey Edwards, said that an encampment at St Kilda West beach resembled a “smouldering and tatty mini metropolis”.
Some residents and councillors who spoke during the meeting disputed suggestions that the original proposed changes to local laws would have led to the homeless receiving fines for sleeping rough.
Richard Ludlow called it an “orchestrated scare campaign” that was a deliberate act to distract from the issue of community safety in St Kilda.
“You would not let your own pets sleep in these conditions,” he said. “Why stand by and do nothing for these people that live under these terrible conditions?”
Council officers said that infringement notices were one of the outcomes when enforcing local law breaches. However, they noted fines were rarely issued for camping on public land.
St Kilda residents have raised concerns about anti-social behaviour.
Emma McNicol, of St Kilda, who organised the petition opposing infringement notices for those sleeping rough, said that there was serious opposition to any punitive measures aimed at the homeless.
“These people don’t make me feel unsafe,” she said. “These people are unsafe. They are the most vulnerable people in our community. They deserve our support, they deserve our kindness.”
Mel Dye, CEO of Southside Justice, told the meeting that homelessness shouldn’t be conflated with criminality and said the proposed alternative of disbanding encampments would polarise the community.
“The proposed amendments will do nothing to address the root causes of rough sleeping or public camping,” she said.
Some councillors also expressed their reservations over pursuing the change to local laws.
“I don’t believe it’s going to make our areas safer because we’re simply moving people off council land,” councillor Libby Buckingham said.
Port Phillip Mayor Louise Crawford.Credit: Simon Schluter
Mayor Louise Crawford opposed the proposal, likening the situation to the council’s “tip out” laws banning public drinking, which were rarely enforced.
“There’s probably been five tip-outs in seven years, and no one’s any safer, and nothing’s changed,” she said.
“We need effective solutions, and I just don’t think this is it.”
Councillor Justin Halliday also questioned the effectiveness of the new laws and called on police to step up their patrols, rather than leave it to the council.
A man died in February after a fire at this St Kilda building, which was used by squatters.Credit: Penny Stephens
“We need them to come out and actually do the policing around the laws that are being broken,” he said.
Despite the opposition, the motion passed, and the new local law will be put out to public consultation.
Councillor Bryan Mears advocated for a new approach in order to find a solution to a problem that was causing widespread dissatisfaction in the community.
“It is time for us to implement change that I believe is meaningful, and let’s allow the council officers to refine this if it’s needed,” he said.
Jay also supported the motion, saying that the state government had failed to provide safety and housing.
“We have had requests from the community and from the police asking us for our help,” she said.
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