The criminalisation of homelessness in Australia

Across Australia, countless men and women endure the harsh reality of homelessness every night. Yet, instead of receiving compassion and support, many find themselves further marginalised by policies that criminalise their very survival.

Anti-camping laws, restrictions on public sleeping, and aggressive loitering ordinances have become commonplace, but these measures do not solve homelessness; they make it worse.

At Backpack Bed for Homeless, we believe it’s time for a change: to reject criminalisation and embrace evidence-based, humane solutions that protect lives and uphold human dignity.

Outlawing Homelessness Hurts, It Does Not Help

The widespread criminalisation of homelessness is a blunt instrument that punishes people for their lack of housing rather than addressing the root causes. These policies forcibly displace individuals from public spaces, creating a constant cycle of instability. Research consistently shows that criminalisation leads to increased interactions with the justice system – fines, arrests, even incarceration – that build barriers to accessing employment, health services and stable housing¹. Instead of safety, these laws breed fear and stress, devastating physical and mental health and deepening the trauma of homelessness.

The Shocking Human Cost

The toll of this approach is deadly. Studies reveal that people sleeping rough in Australia die decades earlier than their housed counterparts. On average, unsheltered individuals pass away 22 to 33 years sooner, with the median age of death for rough sleepers tragically low at just 46 years².

When survival itself becomes criminalised, exposure to violence, harsh weather and untreated health conditions becomes inevitable.

Every displaced person is one more life pushed closer to this grim statistic.

What are the rights of a homeless person in Australia?

Criminalisation policies flagrantly violate Australia’s commitments under international and domestic human rights law. As a signatory to the Universal Declaration of Human Rights, Australia recognises the right to adequate housing – a right undermined when people are punished for the basic act of sleeping in public due to having nowhere else to go³. Similarly, the International Covenant on Economic, Social and Cultural Rights obligates Australia to ensure adequate housing and health for all.

At the state level, Queensland’s Human Rights Act 2019 explicitly protects rights that criminalisation infringes upon, including the right to life, protection from cruel treatment, freedom of movement, privacy and liberty⁴.

In 2025 Moreton Bay Council changed their local laws to ban homelessness⁵. They then evicted homeless people from several parks using police and a bulldozer. The Supreme Court has has temporarily ordered Moreton Bay council not to evict homeless residents from parks, warning those sleeping rough faced “serious risk of harm” if denied shelter.

Justice Paul Smith noted “If shelter was to be taken away, the applicants would be placed at serious risk of harm from being exposed to the elements”.

When individuals are arrested, fined or forcibly moved simply for surviving, these policies breach fundamental legal protections and erode human dignity.

Policies that Fail ‘Fit for Purpose’ and ‘Duty of Care’

Government policies criminalising homelessness fail two critical legal tests: they are neither ‘fit for purpose’ nor do they meet the ‘duty of care’ owed to vulnerable citizens. The intent to “clean up” public spaces ignores the complex drivers of homelessness: lack of affordable housing, mental health support and accessible services⁶. Instead of solving homelessness, these policies increase public health risks and perpetuate danger for unsheltered individuals.

Moreover, governments hold a duty of care to protect the health and safety of all people. Criminalising public sleeping without providing alternative shelter exposes people to harm and shortens lives – an indefensible breach of this duty. The failure to provide safe, adequate shelter while enforcing punitive laws is not only unethical but legally questionable⁷.

Backpack Bed: An Evidence-Based, Humane Alternative

At Backpack Bed for Homeless, we advocate for solutions that uphold legal and ethical standards and save lives. Our Backpack Bed product is a lightweight, waterproof, fire-retardant and durable emergency shelter designed specifically for unsheltered individuals (Backpack Bed for Homeless). Tested rigorously to withstand harsh weather and provide protection, it offers immediate, dignified shelter where none exists.

The impact is profound. A peer-reviewed study⁸ found that Backpack Bed users experienced an 87% improvement in health outcomes, along with enhanced dignity, safety, warmth and sleep quality (Backpack Bed for Homeless). This product directly counters the harmful effects of criminalisation by offering a safe space that respects human rights and meets ‘fit for purpose’ and ‘duty of care’ standards.

Your Role: Donate and Advocate for Change

The criminalisation of homelessness is a humanitarian crisis with legal, social and moral consequences. It’s time to demand policies and practices that protect rather than punish. Your donation to Backpack Bed for Homeless helps us deliver life-saving shelter to those who need it most, providing a tangible means of survival and dignity in the face of systemic neglect.

But we cannot stop there. We urge you to advocate for government policy reforms that end the criminalisation of homelessness and fund evidence-based solutions like Backpack Bed. Together, we can create a future where no Australian is forced to choose between safety and survival.

Donate today to save lives and join the movement for compassionate, lawful change.