Mar 6 • 00:16 UTC 🇦🇺 Australia ABC News AU

Evicting homeless campers violated human rights, Supreme Court rules

A Supreme Court ruling determined that the City of Moreton Bay council violated the human rights of homeless campers during their eviction from public parks.

The Supreme Court of Australia has ruled that the City of Moreton Bay council infringed on the human rights of homeless individuals when it evicted them from public parks last year. Justice Paul Smith highlighted that the council committed multiple legal errors, including the unlawful disposal of personal belongings such as tents without obtaining proper consent from the campers. This decision underscores the delicate balance between public policy and the rights of vulnerable populations, particularly in relation to homelessness.

The situation arose after the Moreton Bay council enacted legislation making all forms of homeless camping illegal in March of the prior year, which led to a series of evictions throughout 2025. The case was brought to court by Basic Rights Queensland, a charitable organization advocating for the rights of marginalized individuals, which challenged the legality of the council's actions on behalf of those affected. The ruling not only addresses the specific events but also raises broader questions about how municipalities manage homelessness and the rights of individuals in public spaces.

Looking ahead, representatives from both the City of Moreton Bay council and Basic Rights Queensland are scheduled to return to the Supreme Court in three weeks to negotiate the next steps following this judgment. The ruling has significant implications for future policies regarding homelessness and the treatment of vulnerable populations, highlighting the need for councils to implement legal and humane solutions that consider the rights and wellbeing of homeless individuals within their jurisdictions.

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