Supreme Court ruling a turning point on homelessness – community calls for councils to end punitive policies

The Queensland Supreme Court has sent a clear message that the destruction of homeless people’s homes cannot continue, granting an injunction against Moreton Bay City Council’s forced evictions at Goodfellows Road, Kallangur. Justice Paul Smith explicitly acknowledged that the tents people were living in were their homes, underscoring the seriousness of the council’s actions.

Community groups Northwest Community Group Inc. (NWCG) and Nourish Street Inc. – who provide direct support to people sleeping rough – welcomed the decision, saying it confirmed what they have been warning for months: punitive policies are unlawful, unsafe, and unsustainable.

“This ruling shows that people’s basic human rights come first,” said NWCG President Paul Slater. “For too long, councils have been destroying homes and belongings instead of working with community to find real solutions. In the last two and a half years, I have personally put up more than 1000 tents for people who had nowhere else to go. We don’t want to see people living in temporary shelters either – but until there is adequate housing and support, we refuse to let people be forced into the gutter.”

Nourish Street President Beau Haywood said the judgment should mark a turning point in how councils respond to homelessness.

“The Attorney-General and the Human Rights Commission are watching this case because the stakes are bigger than Moreton Bay – this is about whether councils across Queensland can continue treating homelessness as a crime,” Mr Haywood said. “This is a chance to reset, to consult with frontline organisations who are proving every day that when people are treated with dignity, they can stabilise and thrive.”

Basic Rights Queensland, who brought the case on behalf of 11 Kallangur residents, said their clients could now sleep a little more easily knowing they would not be forced from their homes or have machinery destroy them while the case is being heard.

Queensland’s Human Rights Act provides protections to all people, including those experiencing homelessness. Today’s orders affirm that there is a prima facie case that Council’s actions may have failed to give sufficient consideration to, and may have infringed, several human rights. With the Attorney-General and Queensland Human Rights Commission both intervening, the full hearing in November will be a defining moment for how these protections are applied in practice.

Both NWCG and Nourish Street called out the lack of mental health, rehabilitation, and meaningful outreach services in the region.

“We’ve shown that grassroots groups can provide safety, connection and stability,” Mr Slater said. “But we cannot solve this crisis alone. Councils must abandon punitive approaches and sit down with community to develop workable solutions that serve everyone – housed and unhoused alike. That means exploring designated spaces with appropriate facilities, proper outreach, and wraparound supports to ensure people are not just surviving, but moving toward stability.”

The injunction will remain in place until the full case is heard in November.

NWCG and Nourish Street further urged councillors to respect the law and listen to their communities. "If mayors and councillors cannot uphold the Human Rights Act and work constructively with frontline groups, then they should step aside so that people who understand the urgency of this crisis can act in good faith and do the right thing," Mr Slater said.