At the meeting on Monday, February 19, 2024, the council adopted the Wodonga Environment and Community Protection Local Law (Local Law No. 1 of 2024).

During the consultation process, a key theme identified in the feedback related to Clause 35 (Camping and Caravans), where camping on council land is not allowed. A number of people expressed concerns about the potential impact on people who are homeless.

Consideration for enforcement under this clause requires reviewing officers to consider the requirements of the Infringements Act 2006 and associated internal review guidelines (Fines and Enforcement Services Guidelines). The guidelines list factors to consider when reviewing an infringement such as whether any exceptional circumstances exist to withdraw a fine.

These guidelines include homelessness (and a person’s mental health, any drug or alcohol addiction, diagnosed intellectual disability or disorder, or domestic violence) as a factor to consider, and where supported by appropriate documentation or evidence, provides the reviewing officer with the discretion and ability to overturn an infringement and/or issue a warning.

Historically, council officers have displayed a compassionate attitude towards members of the public who are challenged by any of these factors and have not knowingly issued infringements in these instances.

If the clause were to be removed, it would result in no controls over camping within the municipal area, and could theoretically, see tents and caravans staying in any public place or residential property with no consequence.

The clause remains in the Local Law to ensure that the amenity, health, and safety of all the Wodonga community is considered and protected, and that where applicable, full review rights of infringements are offered.