In December, after months of consultation and countless meetings with a range of stakeholder groups, City of Port Phillip councillors voted to change local laws relating to homelessness.
If this change passes through the statutory review process (which will take many months), it will permit authorised officers to remove or impound camping equipment from anyone intending to sleep in a public area within the City of Port Phillip. Previously, if a person was experiencing homelessness, confiscating their sleeping equipment was illegal. Under the proposed change, homelessness would no longer provide that protection.
It is important to note that this proposal was opposed by a large group of local not-for-profits (I am not aware of any that supported the change), including First Step. Led by Southside Justice, there was significant collective effort to encourage council to allocate greater resources to supporting people who are homeless, rather than punishing them when they are guilty of no crime.
It is also important to acknowledge that the City of Port Phillip does commit considerable resources to supporting people who are homeless, including administrative staff and logistical support for the Port Phillip and Stonnington Zero collective. This collective includes not-for-profits (such as First Step), council representatives and police. It is in part because of council’s broader commitment to addressing homelessness that this decision (opposed by three councillors) is particularly disappointing.
If and when this change to the local laws is enacted, the law outlines a number of steps that must be taken before it is permissible for an authorised officer to impound the sleeping gear of a person sleeping rough on council land. These steps include referring people to support services and asking them to move on. Those of us who are deeply concerned about this issue will continue to monitor the use of this power closely and advocate for compassion and assistance ahead of punishment.
The great unanswered question remains: if you ask someone to take their gear and leave, where are they supposed to go?
