City of Moreton Bay argues destroyed homeless camps were not 'homes'

The City of Moreton Bay has told the Supreme Court that tents removed from homeless camps earlier this year did not qualify as "homes", rejecting claims it breached residents' human rights.

Basic Rights Queensland is challenging the council's decision to clear camps at Eddie Hyland Park in April. But the council's barrister, Scott McLeod KC, argued that the right to home and privacy did not apply because the campers had not lived there long enough to establish a genuine home, and because camping on council land had been made illegal in March.

The Queensland Human Rights Commission disagreed, saying council officers still had discretion in how they enforced the law and could have acted in a way that was more proportionate and respectful of human rights.

The Attorney-General's office supported the council's view, adding that applicants must prove any rights were breached unlawfully or arbitrarily. It noted the case may hinge on whether some campers gave consent for their camps to be removed.

The matter was adjourned, with a new date yet to be set. An injunction remains in place preventing further evictions. Basic Rights Queensland says the case will have wider implications for how councils deal with homelessness across Queensland.