Case 76: Stopping the criminalisation of sleeping in cars

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The Homeless Persons’ Legal Clinic used the Charter in its advocacy campaign against a proposal by the Yarra Ranges Shire to criminalise sleeping in cars. The Shire wanted to stop backpackers who were using parks without paying a fee. However, the consequence of the law would have been to penalise homeless persons sleeping in their cars due to the lack of available appropriate accommodation. The clinic argued that the proposed law was incompatible with Charter rights including freedom of movement, right to life and right to security and liberty. The campaign was successful. The Shire agreed to redraft the law and develop implementation guidelines in consultation with the clinic and local community service providers. That process specifically sought to avoid penalising people experiencing homelessness and even imposed an obligation upon shire officers who suspected a person was homeless to contact a support agency.

Source: Homeless Persons’ Legal Clinic, Submission to the Review of the Victorian Charter, 2011