By Tom Cowie
Rough sleepers could be fined in a City of Port Phillip plan to fight crime, prompting concerns from its own councillors about whether the move would make homelessness illegal in the municipality.
A surge in crime, particularly drug-related offences in suburbs such as St Kilda, has led concerned residents to call on local government to take more action to disband encampments by introducing move-on laws.
Residents have raised concerns about anti-social behaviour in St Kilda, prompting a proposal to issue fines to the homeless.Credit: Joe Armao
At a recent meeting, councillors unanimously approved a motion to have officers investigate changing local laws to explicitly prohibit people from sleeping rough on council land, roads or footpaths.
A prohibition on camping in the area would also be extended to include the homeless, removing exemptions for people who have nowhere else to sleep or if they have other complex needs, such as a disability or illness.
Infringement notices could be issued to those who breach the proposed laws.
Residents who spoke at the council meeting described a sense of lawlessness in places such as Fitzroy Street in St Kilda and urged councillors to crack down on encampments and their associated criminal behaviour, including vandalism, drug use and assaults.
Criminal incidents in Port Phillip were up 11.4 per cent in 2024, according to the Crime Statistics Agency.
The City of Port Phillip is considering fining people sleeping rough.Credit: Joe Armao
“The current situation in Fitzroy Street, with large areas, footpaths and shopfronts being occupied by drug users, dealers and criminals, is untenable,” said resident Eamon Dawson.
Elwood resident Angel Lea said she was living in fear because of aggressive behaviour from those in the encampments. She described large amounts of mess being left on the street, including knives, syringes, trolleys, furniture and mattresses.
“I don’t see a fine line between homeless and encampments,” she said. “I see a huge line, a huge difference. We are not talking about genuine homelessness. Some of these campers have their own housing, why are they there?”
Richard Ludlow from St Kilda said that the current approach of dealing with homelessness, by focusing on outreach and support services, had failed to improve safety.
“This is not about lacking resources or funding because services currently exist,” he said. “It is about a refusal by people to accept help and a failure to enforce the laws to keep our public spaces accessible to all.”
But not all residents want to make it an offence to sleep or camp on public land. Port Melbourne resident Kath Buden said the move was a “direct assault on the dignity and the rights of our most vulnerable citizens”.
She raised the possibility that the changes were in contravention of human rights legislation.
“Port Phillip has long been a beacon of diversity and acceptance,” she said. “Passing this motion would not only betray that legacy, but set a devastating precedent for this nation.”
Police in Acland Street after a body was found in a laneway in 2023.Credit: Scott McNaughton
Despite the unanimous vote, several councillors expressed deep concern about the proposal, particularly that it would further marginalise vulnerable people. Some questioned whether it was making homelessness illegal.
“I feel sick to the pit of my stomach that I’m actually at a point where I actually have to support this,” said Mayor Louise Crawford.
“But I want to put on the record we are with you in the community ... We want the community to feel safe.”
Councillor Justin Halliday said that the motion targeted those experiencing homelessness, rather than dealing with the issues of crime and antisocial behaviour that people were concerned about.
“These rules that we’re talking about here would just pile punishment on people who are already suffering out in our community, already struggling,” he said.
Another councillor, Libby Buckingham, said she did not think that issuing fines to people sleeping rough would improve safety. “I’m concerned that it impedes on people’s dignity,” she said.
The councillor who introduced the motion, Rod Hardy from the Residents of Port Phillip ratepayers’ association, said it was aimed at those who were taking advantage of people’s compassion. He said that council staff would be given some discretion in enforcing the law.
Port Phillip Mayor Louise Crawford.Credit: Simon Schluter
“Some are not homeless,” he said.
“Some are carrying out illegal activities, some threatening our staff and some taking advantage of other homeless persons standing over them for money, assaults and bullying.”
Laura Mahoney, from homelessness charity Launch Housing, said that the shortage of housing was forcing more people onto the street as they had nowhere to go.
She said that Launch Housing had 800 people waiting for a bed in crisis accommodation on any given day.
“Rather than punish people forced to sleep rough we need more investment in housing,” she said.
Council officers will prepare a report on the proposed changes, including whether it breaches human rights laws, by May.
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