Last Chance to Say ‘No’ to Local Law Amendment

The City of Port Phillip has opened a new round of consultation on its proposed changes to the Community Amenity Local Law – specifically the introduction of powers relating to “encampment equipment.” This has understandably caused confusion in the community, as a major consultation already took place in 2025 regarding a similar local law change proposal.

Why is there another consultation?

The consultation now open (closing March 29 2026) is part of the statutory process required to amend a local law. However, it is not just procedural or technical.

The City of Port Phillip’s consultation page makes it clear that community views will directly influence the decision about “whether we go ahead with the proposed changes”.

This means Council is again seeking feedback on the substance of the amendment – not simply on the wording or legal drafting. Despite the opposition expressed in the 2025 survey and engagement activities, the question is once again open.

In practical terms, this means:

The community has another genuine opportunity to be heard.

That is significant. It means your voice is still powerful and still needed.

Background: What happened in 2025?

Throughout June 2025, Port Phillip conducted public consultation on a similar proposed local law amendment, that also focused on ‘encampments’ and ‘encampment equipment’. The majority of consultation participants opposed the change, as did a coalition of community organisations and groups who conducted additional engagement with Council.

Despite this outcome, Council voted in December 2025 to commence the formal statutory process for amending the local law based on a modified proposal that was put forward at Council’s final meeting of 2025. As a result, the proposal has now progressed to the current statutory consultation stage.

Now the community is once again being asked whether the local law should change.

What the proposed amendment would do

The amendment would give authorised officers the power to remove and impound “encampment equipment”, including blankets, mats, cardboard, sleeping bags and other items used for sleeping rough. These powers could be used after attempts at engagement and support are deemed unsuccessful.

Impoundment is said to be a “last resort” tool to maintain amenity, safety, and wellbeing on Council land. But in practice, it is a targeted enforcement mechanism that could be used to remove encampments and induce people to move on when they have nowhere else to go.

Why Southside Justice Continues to Oppose the Amendment

We have consistently opposed this proposal because it is harmful, unnecessary, and out of step with best practice. Our position remains unchanged, and this new consultation only strengthens the need to speak up.

Below is a summary of our stance.

  1. “Encampment equipment” refers to survival items

The items Council proposes to impound include anything used to sleep outside –  blankets, swags, mats, cardboard. These items are essential for the safety and survival of people sleeping rough.
Removing them is potentially even more harmful than issuing fines and cannot be justified as a proportionate measure.

  1. It is a de‑facto “move-on” power

A direction to remove encampment equipment is in practice a direction to leave the area as people have to carry their items with them if they do not want them to be impounded. For people with nowhere to go, this further destabilises their lives, distances them from support, and places them at greater risk.

  1. It is disproportionate and raises human rights concerns

Taking survival items in response to amenity concerns cannot be executed in a trauma-informed or proportionate manner. There is a risk of breaching the Charter of Human Rights and Responsibilities.

  1. There is no evidence the approach works

No evidence supports the idea that removing people’s belongings improves community safety or amenity. Punitive approaches consistently worsen outcomes and fragment support pathways.

  1. It is unnecessary as Council already has adequate powers

Existing local laws allow the removal of furniture or items obstructing footpaths and accessways.
The new amendment is duplicative and is focused specifically on “encampments,” making it stigmatising and targeted.

  1. It does not support Port Phillip’s own homelessness and housing strategy

Council recently endorsed a Homelessness and Affordable Housing Strategy that emphasises supportive, housing focused responses.
This amendment moves in the opposite direction, diverting attention and resources away from solutions that actually work.

A Better Way Forward: What We Support

We advocate for practical, evidence‑based approaches that improve both community amenity and the wellbeing of people sleeping rough, including:

✓ Assertive outreach

✓ More safe hubs and day programs

✓ Investment in supported and social housing

✓ Practical help with storage, safety, and connection to services

✓ Maintaining engagement first responses rather than enforcement

These initiatives are already part of Council’s strategy — they need strengthening, not undercutting.

Have Your Say

Because this consultation explicitly seeks feedback on whether the amendment should proceed, your input can still influence the final decision.

Complete the consultation here: Community Amenity Local Law Amendment 2026 | Have Your Say Port Phillip

Anyone who lives, works, or spends time in Port Phillip is eligible to participate.

The consultation closes 29 March 2026.

This is a critical moment to advocate for humane, effective, and rights-based responses to homelessness.

 

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