The City of Port Phillip has approved changes to local laws allowing officers to impound personal possessions, including bedding, from people at encampments following anti-social behavior, despite significant community opposition.
(Changes have been made to the City of Port Phillip's encampment laws following a council meeting on Wednesday night. The amendment allows council officers to seize personal items of someone at an encampment, including bedding, in response to anti-social behaviour.abc.net.au/news/port-phillip-council-encampment-laws-homeless-belongings-impound/106651672The City of Port Phillip will be able to impound a homeless person's personal possessions, including bedding, following anti-social behaviour under amendments to the local law.
Five councillors for the area, which takes in suburbs including St Kilda, South Melbourne, Balaclava and Port Melbourne, voted in favour of the changes at Wednesday night's meeting despite strong opposition from members of the community. Council's own survey of 708 residents found that 76 per cent of residents said they did not support the proposal. The council said it had around 25 people sleeping rough each night with many more in cars, couch surfing or in crisis accommodation.
Crime rates for Port Phillip are higher than the state average, with almost 11,000 criminal incidents recorded in the year to June 2025 compared to 6,814 Victoria-wide. But on Wednesday night, residents and some councillors raised concerns that removing personal belongings could be a breach of human rights and would do little to de-escalate a situation. The council maintained it had a "welfare first" response and the laws would only be enacted as a final resort.
Under the amendment, items could be removed from a person at an encampment in response to anti-social behaviour if the person does not comply with a council officer. The items would be stored for as long as required and could be collected within the business day at no charge, according to council.
During Wednesday night's meeting, a statement was read on behalf of a person experiencing homelessness in St Kilda who said being able to camp with others improved their safety and made their experience less isolating.
"I'll be forever be looking over my shoulder and feeling like im doing something wrong. Another resident, who also works as a social worker in Port Phillip, spoke about the trauma that could be caused to a person experiencing homelessness by removing their belongings.
"I've seen how having belongings taken away from someone, everything they own, can be one of the most distressing and traumatic events a person can go through," she said. "People have lost their birth certificates, their only forms of identity, the only photos they have of deceased parents and loved ones, and their shelter for the night — their home. "People don't choose to live on the streets. It's due to systematic failures and the housing crisis.
" It was also highlighted that council's report did not outline the impact the amendment could have on First Nations people. Other residents spoke in favour of the proposal including one man from St Kilda who alleged he had experienced vehicle break ins and assaults after confronting people trespassing on his property.
"I feel the systems and assistance provided in this municipality only aids ... and attracts poor and or criminal behaviour. A Middle Park resident said whilst encampments were not a concern in his suburb, he supported the amendment for neighbouring suburbs.
"The proposing encampment laws do not seek to criminalise homelessness and they are only to be enforced as a last resort when behaviours make people feel unsafe. " According to council's report, Victoria Police also supported the proposal and would work with council and social service providers to deliver coordinated responses. This would involve connecting people to housing, mental health, and drug and alcohol support, it said.
Victoria needs almost five times as many outreach field workers to support people who are sleeping rough, according to a report from the Council to Homeless Persons. During Wednesday night's meeting, a council officer said they would not intervene unless there was anti-social behaviour.
The City of Moreton Bay in Queensland last year made homeless camping illegal on public land.when it evicted them from public parks and that several "errors of law" were made including disposing of homeless tents and other possessions without consent.
Port Phillip Council Homelessness Local Laws Anti-Social Behavior Encampments
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