City of Moreton Bay to pause homeless camp demolition after Supreme Court challenge
On Wednesday the City of Moreton Bay agreed to not demolish camps at a bush reserve next to Goodfellows Road in Kallangur pending another court appearance on July 24.
The legal challenge was launched by Basic Rights Queensland alongside pro bono lawyers from Hall & Wilcox and other law firms.
The lawyers argue the destruction of people's possessions constitute a human rights violation.
They are representing a dozen homeless people who set up camp at the otherwise empty plot of council bush reserve.
City of Moreton Bay's barrister, Felicity Nagorcka, told the court the pause would prevent the council from fulfilling its public health and safety obligations.
"What is being sought is an injunction to restrain a council from enforcing its local laws," Ms Nagorcka told the court.
The representative for the homeless people, Matthew Hickey KC, told the court most of his clients had already been forced to move from Eddie Hyland Park.
In April council workers came to Eddie Hyland Park with an excavator and threw homeless tents and other possessions into a garbage truck.
"They lost what little possessions they had," Mr Hickey told the court.
"These are people who have nowhere else to go.
"They are in many cases ill, one is pregnant, many suffer from debilitating anxiety or depression, none have been offered social housing after being on the social housing waiting list for years."
The matter is due to return to court on July 24, when the council will put forward its public health and safety concerns.
Basic Rights Queensland practice director Sam Tracy said an extension to the pause would be sought until a judicial review in November.
"Homelessness ought not to be a crime," he said.
The judicial review will determine whether the City of Moreton Bay's destruction of homeless possessions was illegal and whether the council's decision to ban all homeless camping on public land was illegal.
In February the council repealed its Persons Experiencing Homeless Camping Framework, which outlawed camping on public land.
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