Supreme Court of Queensland Hearing - Local Law Enforcement

Published 08 December 2025

Attributable to City of Moreton Bay Council Spokesperson:

The Supreme Court of Queensland will today hear a matter between a number of individuals and City of Moreton Bay.

Public spaces are not fit for habitation and people sleeping rough deserve secure accommodation.

Council continues to work with the State and Federal Governments, as well as long established community groups, to support our most vulnerable and continues to advocate for the establishment of shelter networks and assisted living facilities, to help break the cycle of sleeping rough. Local Government across Australia is not responsible, nor funded for the provision of public housing or shelters.

To be very clear, there are no winners today and no one will achieve a housing solution based on the outcome of this case, yet significant public resources have been consumed by this matter.

The applicants are not challenging the lawful making of the Camping on Public Land local law.

However, they continue to challenge the lawfulness and validity of compliance notices issued by our hardworking Council Officers, for the unauthorised use of public space and place under the Camping on Public Land Local Law. In addition, the applicants are also claiming that disposal of items to facilitate the unauthorised use of public space and place is a breach of an individual’s human rights.

Public spaces and places are for the use of the entire community. The actions of Council Officers, supported by the Queensland Police Service, is intended to return these to spaces for all. It is the experience of Council, and unfortunately residents and visitors, that post compliance action these spaces have remained unavailable and taken many months to rehabilitate to acceptable health and safety standards, notwithstanding the cost to repair damage to public infrastructure.

Ultimately, the case before the Supreme Court of Queensland today is a legal argument about whether local government can enforce the local laws they make, not the validity of local laws.

The ability of all 77 local governments in Queensland to enforce their local laws, may be called into question depending on the outcome of this matter.

City of Moreton Bay consider Council Officer actions to administer our local laws valid. Our staff undertake a range of training as part of their mandatory onboarding, which includes human rights training for all new team members.

The purpose of the Human Rights Act 2019 (Qld) (Human Rights Act) is not to inhibit all levels of government exercising the rule of law or provide an avenue where the rule of law does not apply.

City of Moreton Bay has not issued any fines to people experiencing homelessness.

Council makes and delivers local laws for the entire community equally. Law making is a fundamental element of elected office and governments at all levels.