Homeless stung

By Kath Gannaway
YARRA Ranges councillors have defended the intention, but not the wording, of a proposed local law which welfare groups fear could criminalise the homeless.
Council voted at its meeting on 25 February to defer the proposed General Provisions Local Law and to go through further public consultation, particularly in relation to the law which covers camping and sleeping in vehicles on public land.
New by-laws proposed under the General Provisions Local Law would re-enact existing laws covering unsightly properties, caravans on private property, motorised recreational vehicles and obstructing roads, council land and public places.
The new by-laws would cover camping and sleeping in vehicles on public land, keeping of bees and the destruction of European wasp nests.
While the proposed by-law governing the keeping of bees was enthusiastically supported by Victorian Apiarists Association spokesman Bernie Hinze, the real sting came as community groups including the Salvation Army voiced concerns about unintended consequences of the by-law governing people sleeping in vehicles.
Their submission quoted the 2006 census showing more than 500 people were homeless in the Shire of Yarra Ranges including 64 people living on the streets. Many, the submission said, would be sleeping in their car.
“It is our concern that the proposed by-law has the ability to criminalise homelessness in the Yarra Ranges municipality,” the submission states.
It said a lack of affordable housing options led to people sleeping in their cars and that agencies working with the homeless have experienced an increase in that situation.
Any fines imposed on people sleeping in cars would add to their poverty, it said.
Mt Evelyn resident Lawrence Mobsby addressed the councillors calling for the proposed by-law to be abandoned.
“Council knows very well it has a serious homeless problem, but this is not the solution,” he said.
He claimed local laws had been misused in the past and warned there was the potential for the same misuse of the proposed by-law.
Cr Samantha Dunn moved to defer the matter pending new guidelines that clarify the intent of the local law in relation to homeless people.
“Nothing could be further from the truth in relation to this law than to say it is about criminalising homelessness,” she said.
“We all know what it’s about and that’s about camping, and about serious problems (with campers) at Lillydale Lake,” she said. She said deferring a decision would allow time for guidelines to be developed for applying the law.
Cr Heenan said there were also potential consequences for people stopping for a power nap, or to have a meal by the side of the road in their caravan.
Cr McRae called for council to look at changing the wording of the by-law, rather than simply proving guidelines for by-laws officers saying the review needed to go further.
She warned there could be unintended consequences from a poorly written by-law that, she said, would hold precedence over any guidelines.
Cr Higgins said council by-laws officers had the commonsense to make decisions and that they had options under the proposed by-law.
The matter is set to go back to council at the end of March.