Human rights lawyers challenge City of Moreton Bay homeless evictions

Australia Broadcast Center

22-05-2025

Human rights lawyers are taking the City of Moreton Bay to court over its destruction of homeless camps on public land.
On Thursday, lawyers representing Basic Rights Queensland and the Northwest Community Group applied for a Supreme Court judicial review on behalf of homeless people evicted from Eddie Hyland Park.
The judicial review would determine whether the council's actions were lawful.
In April the council bulldozed the homeless encampment with an excavator and garbage truck, as well as threatening fines of up to $8,065 if people stayed.
Basic Rights Queensland legal practice director Sam Tracy said they would argue that the City of Moreton Bay had violated their clients' human rights.
"We believe the obligations in regards to people's human rights have not been sufficiently taken into account," Mr Tracy said.
Mr Tracy said they were applying for a judicial review to test in court whether the seizures were legal.
The human rights lawyer said they would argue that the seizures were a breach of property rights and the prohibition against "cruel, inhuman, or degrading" treatment.
A council spokesperson said it had not violated human rights laws.
"Council has received appeals from individuals who were removed from Eddie Hyland Park," the spokesperson said.
"We respond to appeals in accordance with any requirements of the law.
"There is no breach of anyone's human rights in relation to this matter."
Homeless couple Debbie and John Bobeldyk have both lodged appeals with the City of Moreton Bay after being evicted from Eddie Hyland Park.
The couple said they were given one hour to collect some of their belongings before council officers loaded the rest into a garbage truck.
Mrs Bobeldyk said they had lost several tents, a fridge, a portable air conditioner, and their daughter's ashes in the process.
The 56-year-old said she felt as though she had also been stripped of her human dignity.
"They make you feel as though you're not worth the land you're standing on," Mrs Bobeldyk said.
"We're not homeless because we want to be."
Mrs Bobeldyk said the Department of Housing did not offer them accommodation because they were unable to find their ID documents after their camp was destroyed.
She said they had since applied for the documents but were yet to hear back from the department.
A housing department spokesperson said they were unable to comment on the Bobeldyks's case due to privacy reasons.
"The department and our specialist homelessness services work with individuals to establish their identity and obtain ID documents," the spokesperson said.
"Our Critical Response Team is working on the ground across the Moreton Bay region offering housing support to every person willing to engage."
Northwest Community Group president Paul Slater said he hoped that taking City of Moreton Bay to court would set a precedent for other councils.
"From the start we've said this is a violation of people's human rights," Mr Slater said.
"If it is found to be illegal we're hoping this will stop not just Moreton Bay but any other council, including Brisbane City Council and the Gold Coast council."
Mr Bobeldyk said they spent Anzac Day sheltering under a tarp because they did not have a tent to keep out of the rain.
The disability pensioner said they had since set up camp in a secluded plot of land and were lying low in the hopes of not being reported.
But he said their remote location meant less access to charity and support services.
"The rangers told us to stay sight unseen," Mr Bobeldyk said.
"If nobody complains they'll leave us alone. That's what it's come to."
The City of Moreton Bay said it would follow a complaints-based system, responding to resident reports of illegal homelessness.