Temporary win for City of Moreton Bay’s Kallangur homeless camp

A dozen homeless people have temporarily won the right to stay camped in their tents at a City of Moreton Bay park as they take their fight not to be evicted from the area to the courts.

Tents in City of Moreton Bay. Picture: Richard Walker

Homeless people living in a City of Moreton Bay park have had a temporary win following a legal battle against a council notice of eviction.

The group of 12 applied for a joint injunction to stop the City of Moreton Bay from clearing the camp in Kallangur on Wednesday, after they moved from Eddie Hyland Park in Lawnton where an excavator was used to demolish the tents around three months ago.

Tents are being taken down at a homeless camp in City of Moreton Bay. Picture: Nourish Street Inc

Lawyer Matthew Hickey said the council action was contrary to his clients’ human rights, as it was uncivilised to clear his clients’ possession.

“They are people who have nowhere else to come,” he said.

“One of them is pregnant. Many suffered from debilitating anxiety, depression or PTSD.

“None have been offered any public housing, and all have been on waiting lists for years, and in some cases, many years.”

Lawyer Felicity Nagorcka, representing the City of Moreton Bay, said public interests were involved in the matter.

“Those concerns relate to things like fires at the site. There’s piles of rubbish,” she said.

“There have been reports of loud screaming.”

But Ms Nagorcka was unable to provide evidence to the court.

The two parties reached negotiation outside the court for the rough sleepers to remain on site until the next hearing on July 24.

Unhoused people in North Brisbane have had their tents thrown into garbage trucks as the City of Moreton Bay Council cracks down on “illegal” homeless camping on public land. Picture: City of Moreton Bay

Basic Rights Queensland legal practice director Sam Tracy said it was a success for the homeless people in City of Moreton Bay, as the council has consented to not performing any compliance against his clients for the three weeks.

“We have managed to get a successful temporary injunction in order to stop the potential bulldozing or other actions the council has taken against similar camps in the Moreton Bay area,” he said.

“I would like to see the council taking proactive steps to cease compliance in general through the council area.

“We would like to see the council actually providing the kind of social housing, the kind of affordable housing that people need to deal with this cost of living crisis.”

Basic Rights Queensland legal practice director Sam Tracy leaves Brisbane Supreme Court. Picture: Grace Koo

City of Moreton Bay CEO Scott Waters said the injunction hearing was a waste of court time and ratepayer resources, as one of the rough sleepers accepted a housing offer last week.

“This does nothing more than divert resources away from the ultimate goal of achieving housing outcomes for the individuals,” he said.

Mr Waters said there were conditions for them to remain on public land in the meantime.

“(It) is predicated on their compliance with responsibilities including not impeding reasonable access by other community members and council officers undertaking their duties, not conducting illegal behaviour and keeping the area clean, safe and tidy,” he said.

“Daily patrols of the site will ensure compliance against public health and community safety standards are met.”

Originally published as Temporary win for City of Moreton Bay’s Kallangur homeless camp