Statement during TC Alfred:
Police, Department of Housing and Council staff have met with rough sleepers right across the city on multiple occasions in the lead up to TC Alfred before it was unsafe.
Unfortunately, many have refused to take accommodation. Some will shelter with family and friends, and many are intending to go to places of refuge set up by Council.
Places of refuge, while a last resort, are available for everyone in our community. Both levels of government are working to accommodate the needs and requests of rough sleepers, as we attempt to house as many people as possible during this period.
Statement re: Fines:
City of Moreton Bay’s local laws reflect community needs, and Council has overwhelming community support for ensuring local laws are abided by. Local Laws - City of Moreton Bay City of Moreton Bay can make and enforce local laws under the Local Government Act 2009.
Fines are issued for a breach of local or state law. However, the first course of action at City of Moreton Bay is a compliance notice.
A compliance notice issued by Council requires the person to stop a contravention of a local law or take action to remedy a contravention of a local law.
Issuing of compliance notices, for a breach of local or state law, is business as usual for city councils Australia-wide.
Under our local laws, should any person not comply with a Compliance Notice within the compliance timeframe, Council officers will re-engage with the person and, dependent upon the circumstances, may issue a Penalty Infringement Notice.
This type of Penalty Infringement Notice would attract a fine of $806 (5 penalty units). Council notes, however, that there have been no Penalty Infringement Notices issued to Persons Experiencing Homelessness.
As with any fine, if that is not paid, disputed or withdrawn the person fined may elect to go to court.
The maximum penalty in Court for this type of Penalty Infringement is $8,060 (50 penalty units), and that would be determined by a Magistrate, not Council. Council is required by law to include a statement noting this on our compliance notices.
Penalty unit values govern the dollar amount displayed on the infringement notice. Queensland's Penalties and Sentences Regulation 2015 defines this value, and the Queensland State Treasurer reviews it yearly.
The penalty unit value in Queensland from 1 July 2024 is $161.30
