Homeless people policy

These guidelines are derived from the NSW Government Protocol for homeless people in public places (the Protocol).

The Protocol is based on the following principles:

• Homeless people have the same entitlement as other members of the public to:
  • be in public places (while respecting the right of local communities to live in a safe and peaceful environment)
  • participate in public activities or events
  • carry with them and store their belongings.
• Any response to homeless people should consider their diverse backgrounds and needs. Aboriginal homeless people, and homeless people from other cultural backgrounds, should be treated with sensitivity and respect.
• Behaviour by homeless people that appears antisocial may be the result of mental health and/or drug and alcohol issues, or cognitive impairment.
• Homeless people may have experienced other issues that affect their needs (for example, they may have experienced domestic violence or left custody or statutory care).
• Homeless people have the same access to a right of reply and appeals/complaints mechanisms as any other members of the public.

Policy

1. The NSW National Parks and Wildlife Service (part of the Department of Climate Change, Energy, the Environment and Water) will implement the Protocol.
2. The Protocol states that, as a general rule, a homeless person should be left alone and not asked to 'move on'. If a homeless person is in a park in an area that is generally accessible to the public, National Parks and Wildlife Service (NPWS) staff will intervene only when:
   • the person asks for help or help is being offered
   • the person appears to be distressed or in need of help
   • the person's behaviour threatens their safety or the safety and security of others
   • the person's behaviour is likely to result in damage to property or the environment.
3. The Protocol does not prevent NPWS from taking appropriate action where there is an ongoing breach of the National Parks and Wildlife Act 1974 (NPW Act) or the National Parks and Wildlife Regulation 2019 (NPW Regulation) that has implications for park management. For example, removing a homeless person and their property from a park may be justified if the person's behaviour threatens park visitors or is likely to result in damage to the park. It may also be appropriate if the person can find suitable accommodation elsewhere (this needs to be ascertained by consulting with relevant support services and/or talking to the homeless person).
4. If the NPW Act or the NPW Regulation has been breached, NPWS staff should first consider dealing with the matter informally (for instance, by asking that a person cease certain activities, remove a structure and their belongings, and/or leave the park).
5. If a homeless person needs help, NPWS staff should:
   • contact and involve assistance services directly
   • provide advice or information to the homeless person about available services
   • provide a contact point that the homeless person can call or go to for further advice and help.

6. NPWS staff should respect homeless people's rights over their own property. Using legal powers to remove a person or his or her property should only be done in exceptional circumstances, such as where:

   • warnings to remove property have failed
   • the property impedes access or is a threat to health and safety
   • the property poses threats to park property and the environment
   • other avenues to offer assistance have failed.

   If seizure, impounding or other similar powers are used, this must be done in strict accordance with the law.

7. Before NPWS staff issue penalty infringement notices to a homeless person they should consider the implications and practicalities of issuing such notices.
8. If NPWS staff think that acting in accordance with paragraphs 2 and 3 of this policy may be unsafe for staff or others, they should seek the assistance of NSW Police.
9. If NPWS staff are uncertain about implementing the Protocol (for example, about how to remove from a park a homeless person who has acted unlawfully, or remove or seize unlawful structures or property), they should seek the advice of Legal Services.

10. NPWS staff should maintain a record of their interactions with homeless people, including:

    • details of the people
    • times and locations of the interactions.

    This record should be used to locate homeless people when areas of a park need to be evacuated (for example, if there's a fire or flood).