We, The People United, have reviewed the Sorell Council’s new Public Places By-law. While most sections of the by-law are sensible, some of them are concerning and need to be reviewed. While the Council has not explained why these particular by-laws were put in place, we want to ensure they are practical, look out for our most vulnerable, encourage community building and keep the community safe.
You can read our letter to Council below or download the PDF here.
If you have any issues or feedback regarding the new Public Places By-law, we encourage you to contact Council on [email protected]. You are welcome to use the wording below or reference our letter.
Dear Sorell Council,
We, The People United, have reviewed the Sorell Council’s new Public Places By-law. While most sections of the by-law are sensible, some of them are concerning and need to be reviewed. While the Council has not explained why these particular by-laws were put in place, we want to ensure they are practical, look out for our most vulnerable, encourage community building and keep the community safe.
Summary of recommendations
1. The Council should remove the prohibition of camping on Council land, subject to the following conditions (with consideration that most people who camp on Council land are rough sleepers):
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- If a person is identified who may be sleeping rough, a Council Authorised Officer is to have an open and friendly conversation which includes offering to connect the individual/s to local services (e.g. housing services). This will allow the Council to be better informed as to their circumstances.
- They are to keep the local area clean and hygienic.
- They are to not cause any safety concerns or issues, or disrupt the quiet enjoyment of surrounding areas.
2. The Council should consult with Tasmanian housing/homelessness services to develop a policy/procedure with how Council can support rough sleepers.
3. Drivers resting or sleeping in their cars to manage fatigue should be exempt from camping restrictions.
4. Exemption for all community-based signs in the by-law that includes but not limited to:
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- Garage sale signs
- Signs advertising local events
- Signs no larger than an A3 sheet of paper
5. State in the by-law that Council will ensure any permit application process is efficient and timely, with minimal barriers to individuals or small community groups.
6. Update the by-law to state that the Sorell Council supports residents' right to peaceful protest and assembly. Ensure permit processes are simple, accessible, and low or no cost - including consideration for waiving the need for public liability insurance wherever possible.
7. Council ‘authorised officers’ to undergo LGBTQ+ sensitivity training.
8. Remove use of change rooms and public toilets clause.
9. Council to better explain the role, power, and intention of Authorised Officers. Council to provide information to the community regarding their rights and responsibilities in relation to this by-law, particularly if approached by someone claiming to be an Authorised Officer.
10. Amend by-law to include identification requirements for Authorised Officers and clarify the circumstances under which a person is required to provide personal details, as well as recourse for inappropriate or wrongful removal of persons or articles.
11. Council to provide training to Authorised Officers in dealing with people who are under the influence of alcohol and other drugs, or otherwise exhibiting challenging behaviours.
12. Confirm if the Sorell Council plans to employ specific additional staff members to maintain public compliance with this by-law.
13. Amend supply of name and address clause to exempt children and young people under 18 years old from providing their details.
14. Amend supply of name and address clause to require that Authorised Officers appropriately identify themselves prior to requesting a person’s name and address.
People sleeping rough
We have some people in our community that are sleeping in their cars, vans or in tents. The new Council by-law means rough sleepers could be fined over $2,000 if they ‘camp’ on Council land. If the Council does force rough sleepers to leave, it will simply mean they will have to live further out of town and further away from services - not that they will stop being vulnerable. This is likely to make it even more difficult for them to get back on their feet. Issuing a fine to rough sleepers who are likely unable to pay could lead to court summons and even incarceration, which is known to further increase barriers to escaping homelessness.
We want to ensure that we as a community do what we can to assist people who are unhoused. The Council must recognise that preventing people from sleeping or resting in public places does not stop them from needing somewhere to sleep or rest, and encourage them to do better than other councils in Tasmania and Australia by investing in alternative solutions to solve the root of the problem, instead of issuing ‘move on’ directions.
Additionally, drivers may sleep in their cars on the side of the road due to fatigue. We encourage the council to give consideration to fatigue management and support safe behaviours like pulling over for a nap instead of driving fatigued.
Recommendations
1. The Council should remove the prohibition of camping on Council land, subject to the following conditions(with consideration that most people who camp on Council land are rough sleepers):
-
- If a person is identified who may be sleeping rough, a Council Authorised Officer is to have an open and friendly conversation which includes offering to connect the individual/s to local services (e.g. housing services). This will allow the Council to be better informed as to their circumstances.
- They are to keep the local area clean and hygienic.
- They are to not cause any safety concerns or issues, or disrupt the quiet enjoyment of surrounding areas.
2. The Council should consult with Tasmanian housing/homelessness services to develop a policy/procedure with how Council can support rough sleepers.
3. Drivers resting or sleeping in their cars to manage fatigue should be exempt from camping restrictions.
Erection of signs
A person can be fined over $2,000 for erecting any signs on Council land unless a permit is obtained. This means that community members can be fined for putting up signs to advertise community events or even a garage sale. It is vital for community groups and individuals to be able to easily advertise their events and initiatives which contribute to a thriving community.
Recommendations
4. Exemption for all community-based signs in the by-law that includes but not limited to:
-
- Garage sale signs
- Signs advertising local events
- Signs no larger than an A3 sheet of paper
5. State in the by-law that Council will ensure any permit application process is efficient and timely, with minimal barriers to individuals or small community groups.
Busking, preaching, concerts and similar activities (including protests and rallies)
The by-law states that many types of gathering on Council land, including rallies and ‘assemblies’, require a permit. It is important to protect the right of the public to use publicly owned land in a safe and respectful manner, including to exercise their right to protest, which is protected under the Australian constitution.
Historically, marginalised groups in particular have used protests to achieve vital societal and legislative changes. Adding bureaucratic and financial barriers to such actions could have disproportionate and unintended effects on these groups, which the Council must take into account.
Recommendations
6. Update the by-law to state that the Sorell Council supports residents' right to peaceful protest and assembly. Ensure permit processes are simple, accessible, and low or no cost - including consideration for waiving the need for public liability insurance wherever possible.
Use of change rooms and public toilets
The Council restricts people over the age of 10 from using a change room or toilet marked for the ‘opposite sex’. This is an unnecessary and potentially harmful restriction and we have significant concerns around potential enforcement. While the Council has not provided reasoning for the inclusion of this clause, other organisations which implement such policies often claim it is to prevent indecent exposure, harassment, or assault. Other laws already exist to prevent such acts, and a person intending to harm another person is unlikely to be deterred by a stick figure on the door.
In practice, these policies rarely prevent harm and in many cases increase the likelihood of people being accosted in toilets or refused access to facilities based on their perceived gender - regardless of whether they are cisgender. We are particularly concerned that authorised officers or even the general public may feel empowered by this by-law to discriminate against people based on their perceived gender.
Many transgender people already put their health at risk by avoiding public toilets, change rooms, and other communal spaces. Implementing policies such as these signal to the trans and gender diverse community that Sorell is not a safe place to be.
Recommendations
7. Council ‘authorised officers’ to undergo LGBTQ+ sensitivity training.
8. Remove use of change rooms and public toilets clause
Powers of Authorised Officers
The by-law provides ‘Authorised Officers’ with the powers to ‘remove any person from Council Land or Recreational Facility whom they reasonably believe is offending against this By-law’. This raises many questions and concerns. In particular, how will the public know who is a Council ‘Authorised Officer’ - will the ‘Authorised Officer’ have identification? What constitutes ‘removal’, and will the ‘Authorised Officer’ be trained to de-escalate situations and ‘remove’ people who may be under the influence of alcohol and other drugs? We also encourage Council to explain the scope of appointing Authorised Officers, and if they are expected to act in place of Police if a person is accused of trespassing or other illegal activity.
Recommendations
9. Council to better explain the role, power, and intention of Authorised Officers and provide information to the community regarding their rights and responsibilities in relation to this by-law, particularly if approached by someone claiming to be an Authorised Officer
10. Amend by-law to include identification requirements for Authorised Officers and clarify the circumstances under which a person is required to provide personal details, as well as recourse for inappropriate or wrongful removal of persons or articles
11. Council to provide training to Authorised Officers in dealing with people who are under the influence of alcohol and other drugs, or otherwise exhibiting challenging behaviours
12. Confirm if the Sorell Council plans to employ specific additional staff members to maintain public compliance with this by-law
Supply of name and address
The by-law states that if an ‘Authorised Officer’ reasonably believes that a person is offending or has offended against a provision of this By-law, they may request that the person give their name and address. Community members are more aware of the risks of handing over personal information than ever, and must be assured that their information will be kept safe.
The Council must explain for what purpose they are collecting this information, and what measures it will take to ensure the safekeeping of this information. Additional consideration is needed to ensure minors are protected, and we encourage the Council to consider how collecting personal information aligns with their Child Safeguarding responsibilities - particularly in conjunction with the previous recommendations around identification of Authorised Officers.
Recommendations
13. Amend supply of name and address clause to exempt children and young people under 18 years old from providing their details
14. Amend supply of name and address clause to require that Authorised Officers appropriately identify themselves prior to requesting a person’s name and address
Warm Regards,
Olive Polzin and Kristian Horvath
on behalf of The People United