13/03/2026
We work closely with our most vulnerable clients, who are sometimes facing homelessness through no fault of their own. The issues we encounter include: - lack of communication, - lack of understanding, - lack of providers engaging appropriate support teams and referrals, and - lack of access to healthcare. The list goes on! It is nice to see this outcome; we had a similar situation in one of our local parks.
SUPREME COURT DECISION CONFIRMS HUMAN RIGHTS BREACH
You will have heard about the recent Supreme Court decision regarding the treatment of people sleeping rough in parks across the Moreton Bay region.
The Court found that the actions taken against people experiencing homelessness were unlawful.
For those who have been following this issue, the case looked at the use of compliance notices that forced people sleeping rough to leave public parks, sometimes within extremely short timeframes, and in some cases resulted in people losing their belongings.
The Supreme Court found several serious issues with how these actions were carried out.
The Court found that:
• Proper consideration was not given to the human rights of people sleeping rough before action was taken.
• Forcing people to leave places where they were living breached their human rights.
• Some people had their belongings destroyed without their consent, which also breached their rights.
• A one size fits all approach was used instead of considering each person’s individual circumstances.
• Some of the timeframes given to leave were unreasonable, particularly when people had nowhere else to go.
Importantly, the decision makes it clear that evicting people from public land when they have nowhere else to go is likely to breach human rights, unless there are exceptional circumstances such as immediate safety risks.
The Court also made clear that:
• Human rights must be considered for each individual case before action is taken.
• Any time given to move on must be reasonable and appropriate to the person’s situation.
• People’s property cannot simply be disposed of without their consent.
In simple terms, this decision places significant limits on how local laws can be used against people experiencing homelessness.
This is not about encouraging people to live in parks.
No one wants that.
What this decision recognises is a basic truth that those of us working on the ground see every day.
People cannot leave somewhere if there is nowhere else for them to go.
Until governments at every level address the housing crisis and provide real accommodation solutions, people experiencing homelessness will continue to exist in our community.
They are human beings.
And like every other person in Australia, their human rights must be respected.
At Nourish Street Inc we will continue to focus on what we have always done.
Supporting people without judgement.
Providing food, tents and basic essentials when there is nowhere else for people to turn.
Advocating for dignity, compassion and practical solutions.
Because homelessness is not a crime.
It is a housing crisis.
