Council is seeking your feedback on draft Local Laws, including community amenity local laws to deal with antisocial behaviours on our streets. Provide your feedback before 31st March 2023 here Proposed Local Law 2023 | Have Your Say Port Phillip

When completing the survey, you may wish to consider if current local laws are working in relation to community safety and amenity. 

Behaviour on Council Land (Clause 17)

The new law defines nuisance behaviours should be adopted to assist Council officers manage the behaviours of individuals and stop them from being a nuisance. Street campers can create a nuisance when the local community is verbally abused, threatened, harassed, or physically attacked.

Camping on Council land (Clause 42)

Council is not proposing to change this local law Clause 42, but the current law is inadequate and allows for homeless people and those with complex needs to camp on council land. A caring society must do better to care for homeless people and people with mental health and substance addictions. It is not acceptable for vulnerable people with complex needs to camp on the streets where they fall prey to drug dealers. We must do better as a society.

The camping laws must be changed because the number of people camping on the street will continue to grow if nothing is done. The council must consider how it is going to activate business activity and increase tourism on our iconic high street and these economic zones must be free of unacceptable behaviour.

Council must find a solution because it is not safe for vulnerable people to camp on footpaths and  campers deter customers and tourists from coming to our iconic high streets. Traders are losing business and many shops are empty. St Kilda was a thriving entertainment precinct when there was no camping on the footpath. The camping laws are not fit for purpose and must be changed. Council should consider two options:

Option 1:

Removal of the exemption “42(2) (b) have complex needs or is in the need of additional assistance because of mental or physical disability or illness” in the camping laws would allow Council Officers to stop most people camping on the street because most of the street campers are known to have housing. 

It is unacceptable for people with complex needs or in need of additional assistance to camp on the streets when they should be referred to drug and alcohol and mental health services. There are few genuinely homeless people in the Fitzroy, Acland, and Carlisle Street precincts, but they are protected under the existing law because they have complex needs.

Option 2:

The council amends the existing law to prevent camping on certain streets such as Fitzroy, Acland, and Carlisle Streets to activate cafes, bars, restaurants, and shops by including an additional clause to the existing law. 

42(2)(a) "A person is not guilty of an offense under sub-clause (2) where that person establishes, they are homeless or in need of secure accommodation" could be amended to include an additional clause such as "Unless the person is camping on any particular street or public land which is designated by Council as a commercially important zone. For example Fitzroy, Acland, and Carlisle Streets"

This proposed amendment would allow the key commercial areas to be declared commercially important zones and allow for Council officers and or police (if required) to move anyone on that is camping. This amendment avoids the need to firstly ascertain who can and cannot remain on our key commercial streets due to their housing status or mental capacity.

To address the problem of where to relocate the existing street campers, Council may consider providing a suitable meeting place or community meeting facilities for these people to meet for social interaction. 

Furniture, other items on Council land and footpaths (Clause 43)

This proposed new law will help Council Officers remove dumped furniture when it is obstructing footpaths and access to properties.  Dumped furniture including couches, chairs, mattresses, sofa's, rugs, blankets, kitchen goods, electrical good is a major problem on Grey and Fitzroy Streets and adjoining streets precinct and often, dumped rubbish is not collected for weeks.