Destruction of Tenant’s Garden Shrine and Trees: Legal Implications and Remedies

Background of the Incident

My name iz Margaret Francic, I am a tenant at Mountainview Apartments (4/69 Alice St, Biggenden QLD), who has experienced a series of distressing actions by Queensland Department of Housing (Housing Queensland) and its contractors. On 21 May 2025, without any prior notice, a contractor crew bulldozed and destroyed my personal garden, which was a religious shrine containing memorial plants, religious ornaments, (jade, basil, wormwood) and contains the ashes of deceased loved ones. There was no entry notice furnished and no permission was given to destroy my shrine and belongings. The bulldozed soil, plant remains, and shrine objects were then carelessly dumped in a pile in my yard. I was then phone by Dep Housing and I was told there would be consequences to my tenancy if I attempted to access my back yard that has cyclone fencing bocking me from access,  effectively preventing me from retrieving her sacred items.

This garden held deep personal significance for me. It wasn’t just a patch of plants—it was a sacred memorial altar for my three deceased husbands and my mother. Among the items were religious objects belonging to my first husband, who was honoured by his local Indigenous people with the name “The Kaiditcha Man.” The shrine also held my mother’s ashes, gifted to me by my father, and the only remaining ashes I had of my third husband, who passed away in 2021. The destruction of this space was an irreplaceable loss.

Back in March 2025, I was already dealing with intimidation and mishandling of my property by a Housing Queensland contractor. At the time, I was extremely unwell. Despite this, a contractor—who I believe was from “Shelley’s Cleaning Services”—forced his way into my space and began removing items beyond what I had agreed to. He dismissed many of my personal belongings as “rubbish.” I still recall his words clearly: he threatened that “Housing is coming in next week to bulldoze the lot” if I didn’t comply. I felt sick, coerced, and powerless. I told him firmly to stop and to leave.

Afterward, I was devastated to discover treasured items—like scarves and items my late mother had knitted, clothes shoes, speakers—thrown into a skip bin, soaked and ruined. I reported this incident to Housing Queensland.  at no point was I ever given a written notice of entry for what had occurred  by contractors carrying out the instructions of Housing Queensland

By May 2025, the situation had escalated even further. On 22 May 2025, without any warning, my garden shrine was bulldozed. I immediately emailed the Bundaberg Housing Service Centre demanding the return of the dirt, plants, and all shrine items taken from me. I described this act as theft by the Department of Housing. I reminded them that this shrine contained the ashes of my loved ones.

In the same email, I begged them not to remove the two mature bottlebrush trees in front of my home. These trees are more than just landscaping—they are living parts of my spiritual shrine. They also serve as critical nesting and feeding sites for native birds. The trees are healthy, not dangerous, and play a vital role in supporting the local environment. There is no valid reason—other than mankind’s greed—to cut them down. The possibility of losing them has caused me immense distress. Local bird populations rely on these native flowering trees, especially as more natural habitat is destroyed by development.

Breaches of Tenancy Law by Housing Queensland

I believe Housing Queensland’s actions have breached several provisions under the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act), which is supposed to protect my rights as a tenant.

1. Failure to Give Notice of Entry:
The RTRA Act requires landlords or agents to issue a proper Entry Notice (Form 9) before accessing a rental property for non-emergency purposes. Unless there is a genuine emergency or imminent threat to the premises, I am legally entitled to receive written notice in the approved form for each entry.

In my case, Housing Queensland and their contractors entered my yard and destroyed my property without providing any notice or obtaining my consent. There was no emergency—bulldozing a garden or doing renovation prep does not qualify as urgent or protective action.

By carrying out this unannounced destruction on 21 May, they clearly violated the entry notice requirements under the Act. I formally cited this violation in a Notice to Remedy Breach (Form 11), noting that on 5 June 2025, Housing staff and builders were again present on my premises without issuing a Form 9 Entry Notice, as required. This is a direct contravention of sections 192–193 of the RTRA Act.

convert this to first person as if i margaret wrote it
Part 1 of a few

Earlier, in March 2025, a Housing contractor had already intimidated and mishandled Margaret’s belongings. While Margaret was severely ill, a contractor (reportedly from “Shelley’s Cleaning Services”) pressured his way in and removed items beyond what Margaret had agreed to, labeling many personal belongings as “rubbish.” He threatened that “Housing is coming in next week to bulldoze the lot” if she didn’t comply. Margaret, feeling coerced and ill, told him to stop and leave. In the aftermath, she found cherished items (like a scarf knitted by her late mother) thrown into a skip bin, soaked and ruined. She reported this to Housing Queensland, who reluctantly agreed to send a different contractor later, but no written notice of entry was ever provided for that incidentfile-jbd5stqhchnemefemj2kvf.

By May 2025, the situation escalated with the unannounced bulldozing of her garden shrine. On 22 May 2025, Margaret emailed the local Bundaberg Housing Service Centre demanding the immediate return of the dirt, plants, and shrine items taken, characterizing their removal as “theft by the Department of Housing” and highlighting that the shrine contained her loved ones’ remainsmayet.com.au. In the same email, she implored that two mature bottlebrush trees in front of her home not be removed. These trees, she explained, are also part of her spiritual shrines and serve as nesting habitat and food source for native birds. They are healthy, non-dangerous, and integral to the local environment, with “no reason other than mankind’s greed” to remove them. She noted that local bird populations rely on these native flowering trees as natural feed, especially as habitat is lost to development. The potential removal of these trees caused her great anguish\

Breaches of Tenancy Law by Housing Queensland

Housing Queensland’s actions appear to violate multiple provisions of Queensland’s Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) and related regulations, which protect tenants’ rights. Key breaches include:

Failure to Give Notice of Entry: Under the RTRA Act, a landlord/agent must provide a proper Entry Notice (Form 9) before entering a rental premises for non-emergency reasonsrta.qld.gov.au. Except for genuine emergencies or to protect the premises from imminent damage, the tenant is entitled to written notice in the approved form for each entryrta.qld.gov.au. Routine grounds like performing maintenance or renovations require at least 48 hours notice to the tenantrta.qld.gov.au. In Margaret’s case, Housing Queensland or its contractors entered her yard and removed/destroyed property without any prior notice or consent. There was no emergency at hand – the bulldozing of a garden or preparation for renovations does not qualify as an emergency or urgent protection of the premises. By proceeding “without notice” on 21 May, Housing clearly breached the entry notice requirements of the Actmayet.com.au. Margaret formally cited this in a Notice to Remedy Breach (Form 11), noting that on 5 June 2025 Housing staff and builders were on the premises with “no Form 9 Notice of entry… furnished each day of entry”, contravening RTRA Act sections 192-193 which mandate notice

Interference with My Right to Quiet Enjoyment:
Under Queensland tenancy law, I am guaranteed the right to quiet enjoyment of my home. The lessor is legally required not to interfere with my peace, comfort, or privacy while I am living here. They must take all reasonable steps to protect that right. Yet in my case, Housing repeatedly violated it. Bulldozing my personal garden sanctuary, sending work crews without notice, subjecting me to loud construction, threats of tree removal, and aggressive behavior has caused serious distress. These disruptions weren’t isolated—they were ongoing. Housing did not follow lawful process and acted with no consideration for my wellbeing. The stress, trauma, and humiliation I endured—especially being intimidated in full view of neighbours by staff and contractors—violated the covenant of quiet enjoyment I’m entitled to as a tenant.

Destruction of My Property – Conversion and Trespass to Goods:
I was never asked, nor did I ever give permission, for my belongings to be touched. Housing Queensland and their contractors destroyed and removed my possessions—including sacred plants, memorial objects, and the soil from my shrine—without any lawful authority. During an active tenancy, a landlord has no right to take or destroy a tenant’s belongings. What they did constitutes trespass and even conversion—denying me my right of ownership. It doesn’t matter if they saw it as “rubbish”; they had no right to remove anything. These were spiritual items of irreplaceable value. In their actions, they breached the tenancy agreement and potentially exposed themselves to legal liability. I have publicly referred to it as “theft by the Department of Housing”—and I stand by that.

I Was Never Given a Chance to Save or Collect My Things:
Even in cases where a tenancy has ended (which mine hadn’t), landlords are required to follow procedures—like giving notice to collect belongings or storing goods above a certain value. But in my case, I was never given the opportunity to save any of my plants or shrine items. After the threat made in March, I was specifically warned not to go near my yard or the dumped remains—under threat of legal action. That meant I could see the bulldozed remains of my shrine, but I wasn’t even allowed to retrieve them. This wasn’t just careless—it was cruel. It denied me the most basic right to try and salvage what was sacred to me. It made everything worse.

Aggressive Threats and the Appearance of Constructive Eviction:
Housing contractors repeatedly told me and others to “move everything or it will be bulldozed.” I was told “Housing is coming in next week to bulldoze the lot.” These were not polite notices—they were coercive threats. I wasn’t the only one affected. Other tenants here—many of them elderly or disabled—have also reported feeling bullied, unsafe, and targeted. While Housing claims these are “renovations,” they’re doing them in a way that feels more like harassment. There’s been no process, no respect, just constant pressure. Queensland tenancy law prohibits landlords from trying to force tenants out through intimidation, removing property, or changing conditions to make living there unbearable. While I haven’t been officially evicted, the destruction of my home environment, my sacred space, and my belongings has made it feel like they are pushing me out through other means. And that is something the law is meant to protect me from.

Summary and Legal Basis for My Action
In summary, Housing Queensland’s conduct clearly breached the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act). They entered my property without notice, destroyed sacred areas, and failed to respect my right to quiet enjoyment or care for my property. These violations gave me solid legal grounds to issue formal Notices to Remedy Breach. When Housing failed to address those breaches within the required 7-day timeframe, I was left with no choice but to pursue dispute resolution through the Residential Tenancies Authority (RTA), and now, to seek orders and recognition from the Queensland Civil and Administrative Tribunal (QCAT).

Destruction of My Religious Shrine — A Violation of My Human Rights
One of the most heartbreaking aspects of this entire ordeal is that what they destroyed wasn’t “just a garden.” It was a sacred shrine — a living altar and deeply spiritual memorial space I created in honour of my deceased loved ones. The soil and planters didn’t just hold plants — they contained the ashes of those I’ve lost. This was literally their resting place. I called the two bottlebrush trees at the front of my home the “Twin Sentinels.” They represent my Mother Earth goddess and my late sister. These are not metaphors — they are real, living symbols tied to my beliefs, my healing, and my identity.

I am a practicing Pagan, and my connection to nature, trees, and earth is central to my spirituality. That shrine was a sacred place of mourning, meditation, remembrance, and peace. To bulldoze it, without notice or dialogue, was not simply thoughtless — it was a spiritual violation. It ripped out something sacred, alive, and personal.

Violation of My Right to Religious Freedom
Under the Human Rights Act 2019 (Qld), I have the right to freedom of thought, conscience, religion, and belief. This includes my right to observe and practice my religion individually or in community, in public or in private. Housing Queensland — as a public entity — destroyed my place of worship without any effort to consult, accommodate, or understand. I was not warned. I was not asked. My shrine was destroyed without notice, consideration, or reason. That is not “reasonable limitation” — it is a direct interference with my ability to manifest my beliefs.

There was no emergency. No danger. No immediate necessity. They were removing a garden and possibly clearing land to install a new letterbox. I can’t imagine a less proportionate reason to destroy a sacred religious space. It was arbitrary and unnecessary, and it failed every test of lawful or ethical conduct.

Violation of My Right to Privacy and Home
I also assert that Housing Queensland violated my right to privacy and home. The Human Rights Act protects not only the inside of my dwelling, but also the yard and external space that forms part of my home environment. That garden was not public — it was mine. It was my sanctuary. Bulldozing it, without notice or lawful authority, was a gross intrusion into my private life. I was not consulted. I was not given any opportunity to respond or protect what I had created. And when I pleaded with them to return the soil, the plants, the remains — I was ignored.

According to the Queensland Human Rights Commission, decisions made in public housing tenancies must not be arbitrary. They must respect tenants’ rights and be implemented fairly. Nothing about this was fair. Nothing about it respected my humanity, my faith, or my home. Their actions were the definition of arbitrary — targeting something sacred and personal without process, respect, or understanding.

Part 4

I am one of Australia’s stolen generation. I was taken at birth, and I’ve never been able to trace my lineage to confirm if I am Indigenous by ancestry — but I live Indigenous in spirit, in practice, and in connection to the land. My cultural and spiritual identity is inseparable from the earth, the trees, and the sacred spaces I have created.

It’s important to speak now to cultural rights. While I do not have confirmation of Indigenous heritage, I am a Pagan and I venerate nature in a way that deeply aligns with Indigenous spirituality. My late husband, whom I honor in my shrine, carried the name and spirit of the “Kaiditcha Man” — a protector and spiritual walker. That name, and what it represents, holds immense significance to me. I invoke him in my rituals, and I carry his memory through the earth and trees we shared.

Under Section 28 of the Human Rights Act 2019 (Qld), the cultural rights of Aboriginal and Torres Strait Islander peoples are protected — especially spiritual relationships with land and resources. If there is any Indigenous cultural significance to my shrine or the land (for example, if my late husband had Indigenous heritage or if local Elders regard the site as spiritually meaningful), then Housing Queensland may also have violated protected cultural rights. Regardless, my own spirituality and beliefs are clearly tied to that garden and those trees — and Housing’s complete disregard for them has caused me immeasurable harm.

When contractors came and bulldozed my shrine, they didn’t ask, didn’t listen, and didn’t care. They laughed at me. One contractor dismissed me and said, “Take it up with Housing.” His voice was condescending and without remorse. I recorded it. To them, my altar — the soil holding my loved ones’ ashes — was just rubbish. They treated my sacred space as junk. This wasn’t just disrespect. It was spiritual violence.

Under the Anti-Discrimination Act 1991 (Qld), it is unlawful to discriminate against someone in accommodation based on their religion. Housing Queensland knew the significance of my shrine. I called it an altar. I wrote to them. I pleaded. And they destroyed it anyway. That is not ignorance — that is knowing harm. Their refusal to acknowledge or accommodate my spiritual needs, even after I made them known, is disturbing. I believe this may amount to both religious and disability discrimination — under both the Anti-Discrimination Act and the Human Rights Act.

As a public authority, Housing Queensland is legally obligated to act compatibly with human rights and anti-discrimination law. They failed. Utterly.

What happened to me is not just a tenancy breach. It is a violation of my freedom of religion, of my privacy and home, and possibly of my cultural rights. This adds not just legal weight to my case — but moral weight. Any resolution must address the full impact — not just physical destruction, but the spiritual and emotional devastation.

Environmental and Community Harm

The two bottlebrush trees at the front of my home are not just sacred to me — they’re vital to our local ecosystem. These native flowering trees (genus Callistemon, also known as Melaleuca) are rich in nectar and attract a huge variety of native wildlife. Honeyeaters, lorikeets, and many other birds come daily. I’ve observed hundreds of different species visiting these trees over the years.

These trees are nesting sites. They’re shade. They’re sanctuary. And in a time when natural habitats are being rapidly destroyed, they are a rare haven.

I turned my front yard into something I call the “Biggenden Bird Breakfast Bar.” It’s more than a nickname — it’s an informal conservation and education project. I feed, watch, and document the birds that visit. I share their stories and photos online with a growing community of over 5,500 followers. Together, we educate others about Australian native birds and the importance of preserving biodiversity in local areas like mine.

When Housing Queensland announced plans to cut down these trees, the local community reacted. People were in uproar. These trees aren’t just mine. They belong to the birds, to the land, and to the people who have come to love and learn from them.

Their destruction would not just be an environmental loss — it would be a cultural, spiritual, and communal one.

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Part 5

From an environmental law perspective, I know that while property owners can often remove trees, that does not mean they should — and certainly not without thought or care. There are serious legal and moral considerations being ignored here.

Wildlife Protection

All native birds in Queensland are protected under the Nature Conservation Act 1992. It is illegal to harm protected fauna — including disturbing or destroying active bird nests. The bottlebrush trees in front of my home are vital nesting habitat. I’ve observed birds nesting there regularly, and removing those trees during nesting season could be unlawful. No one from Housing Queensland has made any mention of ecological assessments, checks for active nests, or bringing in a fauna spotter. Nothing. It’s standard practice to delay tree removal if nests are found, but they never even looked. These trees aren’t just decorations — they are part of the natural cycle of life for local birds.

Local Council Regulations

I live in Biggenden, under the North Burnett Regional Council, which has its own rules about tree protection and vegetation management. These are mature native trees — healthy, thriving, and part of the broader landscape. While Housing Queensland might not legally require council approval for removal because it’s a state authority, good governance would suggest that such protections still be followed, or at the very least respected. From what I understand, Housing has not sought any permits or approvals to remove these trees. The only reason they’ve given is to make space for a new, large letterbox structure — or possibly just because someone thinks it “looks better” without trees. That’s not safety. That’s aesthetics. And it’s a betrayal of environmental values.

Climate and Amenity

These two bottlebrush trees are my only source of morning shade. I don’t use artificial shades or blinds. I rely on nature to cool and protect my home. Removing the trees will increase heat and glare into my unit — raising temperatures, harming my health, and possibly increasing energy costs I cannot afford. But it’s more than that. These trees block the view of neighboring units where harassment has occurred, making them part of my domestic violence safety plan. They’re not just trees — they are shields. They protect me emotionally, spiritually, and physically. The destruction of this natural barrier is not just inconvenience — it is a threat.

The name of my complex is “Mountainview Apartments.” These trees frame and filter my view of Mount Walsh — my sacred mountain. If Housing follows through on its plan to cut them down, the “Mountainview” will be lost. The view will be replaced with a harsh metal structure and open exposure to people I do not feel safe near. It changes everything.

Community Harm

This isn’t just about me. The tenants here are mostly elderly — many of them in their 70s, 80s, or 90s — and many have disabilities. None of them were consulted about these “renovation” plans. None of them were asked if they wanted their homes altered or their gardens destroyed. One neighbor of mine, in Unit 6, is 81 years old. He was told by Housing’s contractors to clear out his shed within two hours or everything would be bulldozed. He had to scramble, using a mobility scooter and a trailer to save what he could. That’s not care. That’s cruelty.

This pattern of aggressive behavior by Housing Queensland and its contractors has terrified us. No written notice. No dialogue. No choice. Just threats and bulldozers.

These green spaces — our trees, our gardens — aren’t luxuries for us. They are lifelines. They support our mental health. They are what makes this place feel like a home, not a prison. The trees, in particular, are sacred to me and beneficial to all. Their removal, without genuine consultation, without environmental review, without even basic empathy, is a disgrace.

In Summary

The bottlebrush trees in front of my home are healthy, native, and important — ecologically, spiritually, and emotionally. There is no valid reason to destroy them. This is not a safety issue. This is not emergency maintenance. This is a bureaucratic decision that prioritizes concrete over community, and convenience over compassion.

I am fighting to save these trees not just for me, but for the birds, the earth, and the people who still believe in harmony between humans and nature. I’m asking Housing Queensland to stop. To review. To consult. To listen.

Because once these trees are gone, so much more is lost than just branches and leaves. What’s lost is safety, serenity, and the spirit of this place.

Part 7
Further Impact on My Health and Disability Rights

I live with multiple serious disabilities and chronic health issues. These include complex trauma (C-PTSD), hearing loss (I am partially deaf), autism, severe allergies, and physical health conditions that are directly worsened by stress. Housing Queensland was fully aware of my situation. I provided them with a psychiatric report that outlined my PTSD, as well as detailed information about my allergies and sensitivities. Despite this, they continued to behave in ways that aggravated my condition and ignored their legal responsibilities.

Failure to Provide Reasonable Accommodations

Housing staff are legally obligated to consult with me respectfully and ensure that their actions do not harm me or worsen my condition. They are required to provide reasonable accommodations for my disabilities, as set out in the Anti-Discrimination Act 1991 and the Human Rights Act 2019. I clearly asked that communication be via email only, due to my deafness and PTSD. Email is the only safe and accessible method I have — and they knew that. Yet they ignored it.

They scheduled and carried out noisy, invasive construction without notice. They gave no consideration to my mental or physical wellbeing. I was not offered extra time or help to move sentimental or sacred items. They even dumped piles of dirt and foreign materials directly outside my unit — knowing full well that I suffer from severe environmental allergies. These weren’t just oversights — they were deliberate refusals to accommodate. They disregarded my emails, my warnings, and my rights.

They applied a “one size fits all” approach to these works — ignoring the clear fact that their actions would especially harm someone with my disabilities. This isn’t just neglect; it’s indirect discrimination. Their refusal to make simple and reasonable adjustments caused me immense suffering.

Psychological Harm and Re-traumatization

The way Housing and its workers treated me was deeply traumatic. I no longer feel safe in my own home. My PTSD has worsened significantly. I feel violated, degraded, and intimidated on a daily basis.

I was humiliated publicly by a Housing officer named Courtney. She dismissed and patronized me in front of others, and made threats regarding my tenancy. That incident destroyed what little stability I had left. As a survivor of domestic violence, these experiences of powerlessness and control are severely re-traumatizing. They have undone years of healing.

The two bottlebrush trees in front of my unit are not just trees. They are part of my domestic violence safety plan. They block the direct view from two men who have abused or assaulted me in the past. They are physical and symbolic protectors. Housing was told this. I made sure they knew. Still, they moved ahead with plans to remove them. To me, that isn’t just reckless — it’s a grave violation of duty of care in the context of domestic violence. It’s cruel.

Health Hazards from Renovations

The renovation works have been constant and unbearable. Jackhammers and cement drills have gone from morning to night. The noise is relentless. For someone with autism and sensory processing issues, it’s been absolutely destabilizing. Add to that the airborne dust, fumes, and constant disturbances — and it becomes a serious health threat.

Housing dumped piles of loose soil and materials in my backyard, despite knowing I have life-affecting allergies. They didn’t notify me. They didn’t provide any protective measures. To me, it felt like another deliberate insult — a figurative and literal “slap in the face.”

These works have placed my health in danger. I’ve already shared that I suffer from malnutrition and have low body weight. The stress of this situation — the loss of my spiritual spaces, the noise, the fear — has only made that worse.

Housing’s failure to accommodate my medical and disability needs could amount to a breach of Section 36 of the Anti-Discrimination Act, which prohibits discrimination by failing to accommodate impairment-related needs. It may also breach Housing Queensland’s own internal policies for supporting vulnerable tenants. I feel like I’ve been treated as disposable — as though my health, safety, and rights don’t matter at all.

• Part 8
  Possible Disability Discrimination and Legal Remedies

  I have clearly raised that the conduct of Housing Queensland may constitute disability discrimination under the law. Discrimination doesn’t just happen through open hostility — it can occur in subtle and systemic ways. It can be direct, such as when someone is treated unfairly because of their disability, or indirect, where policies or actions are applied to everyone equally but have a disproportionate and unreasonable impact on people like me.

  In my case, there are signs of both kinds of discrimination.

  Housing staff singled me out. They humiliated me in public, made threats, and treated me like a nuisance. I believe this was because I was vocal, because I stood up and made complaints, and because I was a disabled tenant they found difficult. My emails were ignored when others’ may not have been. My distress was dismissed, and my condition was not treated with the seriousness it deserved. That is direct discrimination.

  There was also indirect discrimination. Housing carried out construction and clearance works across the complex as if all tenants were equally able to manage. But I’m not. I physically cannot clear a garden in two hours. I cannot cope psychologically with sudden noise, loss, or disruption. Still, Housing imposed the same harsh deadlines and expectations on me as they did on able-bodied tenants — despite knowing I have serious disabilities. They failed to consult with me, offer help, or explore reasonable alternatives. They could have scheduled differently. They could have involved support services. They didn’t. That failure may well be unlawful under the Anti-Discrimination Act 1991, which obligates them to provide reasonable adjustments unless doing so would cause unjustifiable hardship. In my case, they made no adjustments at all.

  Violation of My Right to Equality and Recognition

  The Human Rights Act 2019 (Qld) guarantees my right to recognition and equality before the law. It also binds public authorities — including Housing Queensland — to act compatibly with human rights. I was not treated with dignity. My needs, vulnerabilities, and voice were dismissed. I wasn’t included in decision-making about my own home. I wasn’t protected from foreseeable harm.

  The Act exists to uphold dignity — and mine was stripped away by the way I was handled.

  In my communication to QCAT, I asked the Tribunal to consider that Housing’s conduct worsened my condition and made me feel unsafe in my own home. I have asked for direction that Housing must respect the health and rights of residents like me — disabled, vulnerable, and human.

  Summary: My Rights Were Ignored

  Housing Queensland completely failed to accommodate my health and disabilities. What should have been a careful, consultative process — if renovations were truly needed — turned into a source of trauma. This strengthens my legal case. I can, and likely will, seek an injunction or compensation on the basis of the harm caused to me. Their actions may expose them to claims under multiple laws: tenancy law, anti-discrimination law, and human rights protections.

  I believe both legal channels should be engaged — QCAT for the tenancy breaches and Queensland Human Rights Commission for the disability discrimination. Together, these may finally provide a full and just consideration of what has been done to me.

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  Legal Remedies I Have Already Taken and My Next Steps

  I have already begun the formal process of asserting my rights.

  • I issued a Form 11 – Notice to Remedy Breach to Housing Queensland. The first was dated 27 May 2025, covering the destruction and theft of my religious shrine and the degrading treatment I endured from contractors.

  • A second Form 11, dated 9 June 2025, related to illegal entry by Housing and builders on 5 June — entries that took place without any Form 9 Entry Notice, which is a breach of my tenancy rights under the RTRA Act.

  Under Queensland tenancy law, Housing had 7 days to remedy these breaches. That means:

  • They should have stopped the unlawful entries immediately.

  • They should have returned my destroyed belongings (what’s left of them).

  • They should have paused any further removals (especially of the trees).

  • They should have offered some form of redress, including potential compensation or apology.

  As of 16 June 2025, which marked the expiry of the remedy period for the 9 June notice, I have received no formal response or meaningful rectification from Housing.

  Because they failed to act within the time allowed, I now have the right to escalate this matter further. I intend to do so.

• • RTA Dispute Resolution: For many tenancy disputes in QLD, the next step after an unremedied Form 11 is to file a dispute resolution request with the Residential Tenancies Authority. The RTA’s free conciliation service would then attempt to help the parties reach an agreement. Issues like property damage or compensation normally go through this process before QCAT. However, certain matters are classified as “urgent” applications to QCAT that do not require prior conciliation – these include disputes about unlawful entry, and applications for injunctions to stop a party breaching the agreement. Given the ongoing nature of the breach (e.g., Housing continuing to be on-site without notice, and impending tree removal), Margaret’s situation likely qualifies as urgent. For example, if she wants to prevent the removal of the bottlebrush trees, she could seek an urgent order from QCAT to restrain the landlord from altering the premises or removing those trees on the basis that it’s a breach of her agreement and causes her irreparable harm. Urgent QCAT applications can be made without an RTA reference number when time is of the essencerta.qld.gov.aurta.qld.gov.au. It appears Margaret has indeed been trying to get QCAT’s attention quickly – she mentions submitting three applications to QCAT in late May (possibly seeking interim orders)mayet.com.au.

  • Queensland Civil and Administrative Tribunal (QCAT): In QCAT, Margaret can pursue multiple remedies:

    • An order for compensation for the damaged/destroyed property (e.g., the value of her garden plants, materials, and sentimental items – though money can’t truly compensate the sentimental value, QCAT can award an amount for their loss). She could also claim for the stress and inconvenience caused, though personal injury/mental anguish is not typically compensated in tenancy cases, it can be indirectly reflected if her enjoyment of the premises was reduced (possibly a rent reduction or nominal damages for breach).

    • An order requiring the landlord to refrain from further breach, i.e., to abide by the Act’s entry provisions and not remove any more of her property or the trees without proper process. QCAT can make orders to enforce the tenancy agreement or the Act, which could include forbidding certain actions by the landlord that would breach quiet enjoyment.

    • An order terminating the tenancy and allowing her to leave (with compensation) if she felt she cannot continue living there due to the breach. This would be a last resort if the situation is unresolvable. The RTRA Act allows a tenant to apply for termination if the landlord’s breach is serious and not remedied (for example, causing the premises to be unfit or the tenant’s safety at risk). However, Margaret has expressed that this is her home and she seems to want to stay with proper accommodations – so termination is likely not her preferred outcome.

    • Importantly, QCAT and Human Rights: Since this dispute involves a public entity, QCAT is required to consider the Human Rights Act in making its decision. Margaret has formally drawn QCAT’s attention to her human rights (citing discrimination and her rights to religion and privacy)mayet.com.aumayet.com.au. QCAT could, in its orders, acknowledge the breaches of her human rights and make directives accordingly. For example, it could declare that the destruction of the shrine was unlawful and that Housing must consult and accommodate her religious and disability needs henceforthmayet.com.au. She has specifically asked for a declaration that failure to accommodate her disability is unlawful discriminationmayet.com.au – while QCAT’s tenancy jurisdiction might not normally issue “declarations” in the human rights sense, under the Human Rights Act it can make a determination of incompatibility or at least note the violations as part of the tenancy order.

  • Queensland Human Rights Commission (QHRC) Complaint: Separately from the tenancy route, Margaret can lodge a complaint with the QHRC (formerly the Anti-Discrimination Commission). This could cover both disability and religious discrimination, as well as a direct human rights complaint. The QHRC would investigate and attempt to conciliate the complaint. If unresolved, she could potentially take the discrimination case to the Queensland Civil and Administrative Tribunal (in its discrimination jurisdiction) or even to the courts for human rights enforcement. The advantage of a QHRC complaint is that it brings in the broader picture of rights, allowing for remedies like apologies, training for staff, or policy changes, in addition to compensation. Given the systemic nature of what she’s describing (a “pattern of abuse, coercion, and neglect” by Housingfile-jbd5stqhchnemefemj2kvf, and other residents affected), a QHRC process might push the Department to institute policy changes or staff training to prevent future occurrences.

  Part 9
  Ombudsman, Administrative Appeals, Police Action & Public Pressure

  Because this matter involves a government department, I have also pursued an administrative review of Housing Queensland’s decisions. On 28 May 2025, I filed a Form 23 – Application for an Administrative Decision Review with QCAT, relating to Housing’s decision to remove my garden and conduct renovations without any proper consultation or notice.

  I framed this application as an “Appeal of an Administrative Decision”, based on both procedural failure and breaches of my human rights under the Human Rights Act 2019 (Qld). My position was that I was not consulted, not notified, and not accommodated, which violates multiple legal duties of a public authority.

  Unfortunately, QCAT has so far rejected my submissions on what appears to be procedural grounds. I filed three applications — all three were dismissed without going to hearing. The registry stated they were not reviewable “administrative decisions” under the relevant housing legislation. I disagree. Just because tenancy matters are often framed as contractual, it does not mean they don’t also have public and human rights implications. Regardless, since QCAT has taken this view, I will now redirect my efforts to the Queensland Ombudsman and the Queensland Human Rights Commission (QHRC).

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  Ombudsman Complaint: Public Misconduct and Maladministration

  The Queensland Ombudsman can investigate maladministration by government departments, including Housing. This situation clearly meets that threshold: Housing failed to consult, entered my home unlawfully, and destroyed my belongings, including my religious shrine and remains of loved ones. They showed no procedural fairness, and their behavior was degrading and dismissive.

  I will be lodging a formal complaint with the Ombudsman about:

  • the destruction of my shrine and memorial trees;

  • the complete absence of proper notice or consultation;

  • the discriminatory treatment and failure to accommodate my disabilities;

  • and the lack of remedy or response after multiple complaints.

  While the Ombudsman cannot award me compensation, I believe a public report or formal investigation would be enough to pressure Housing Queensland to fix what they can — replace what was destroyed, apologize, and review their internal processes.

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  Police Report: Theft and Desecration

  I have described Housing’s actions — especially the bulldozing of my garden and taking of my shrine soil — as theft. That’s exactly what it felt like. They didn’t ask. They didn’t give me a chance to move anything. They simply took my property — property that included sacred plants, religious items, and most painfully, ashes and organic remains of my loved ones.

  This wasn’t rubbish. It wasn’t yard waste. It was my spiritual altar, my burial space, and my connection to my family.

  I intend to report this to the police. I understand that Queensland Police are often hesitant to intervene in tenancy disputes, but this isn’t just a tenancy issue. Desecrating remains, destroying a shrine, and taking private property without consent can cross the line into criminal conduct. If I can provide evidence (photos, soil contents, witness accounts), I believe I can demonstrate the seriousness and sacredness of what was taken. Even if the police decide not to lay charges, the existence of a police report will help reinforce the legal and emotional weight of what was done to me. It may also assist if any insurance claims are made or if QCAT or QHRC seek supporting documentation.

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  Raising Public Awareness and Political Pressure

  I have not stayed silent. I’ve documented every step of this ordeal — photos, video evidence, text messages, letters, breach notices — and I’ve shared the truth publicly on my website and with my community. This isn’t just about me. It’s about a government department trampling the rights of tenants, elders, and people with disabilities.

  I’ve built a following online — including people passionate about nature, spiritual freedom, and tenant rights — and many of them have expressed outrage over what’s happened. There is potential to engage local media and state parliamentarians, and I am prepared to take that step.

  I am considering writing directly to the Queensland Minister for Housing, as well as my local MP, to demand an internal review of Housing’s conduct and to halt any further actions, such as the planned removal of my sacred bottlebrush trees.

  A headline like “Housing Department Bulldozes Woman’s Memorial Garden Containing Loved One’s Ashes” will not sit well with the public. Nor should it.

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  Restorative Actions I Am Seeking

  This is not just a legal fight. This is a fight for truth, for dignity, and for the sacredness of life and memory.

  In all my communications to Housing Queensland, QCAT, and other bodies, I’ve been clear about what I want and need to see happen in order to even begin healing from what has been done to me:

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  1. Immediate Cease of Destruction

  I have repeatedly asked Housing Queensland to stop all destruction — that means no more bulldozing, no more tree removals, and no more damage to tenants’ gardens and personal property. This is a basic starting point. Until they stop, nothing else can be resolved.

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  2. Restoration of My Shrine and Garden

  I understand they cannot undo the harm they caused. My shrine was bulldozed. My soil and sacred plants, some containing the ashes of loved ones, are gone. But I have requested they replant mature plants of the same species, return any remaining soil, and assist me in rebuilding what was taken.

  Even though it won’t be the same, a genuine attempt at restitution would be a sign of acknowledgment and decency. I deserve the opportunity to rebuild my altar, to reclaim a space for healing and spiritual practice.

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  3. Return of My Property

  I made a very specific request on 22 May 2025: that the “dirt, garden bits, jade, basil, and wormwood” be returned to me immediately. I do not care if the items were mixed together or scooped up. If anything salvageable remains — even a single cutting or fragment of earth — it must be given back.

  Those fragments might still contain the essence of what was lost. I have the right to try and recover what I can.

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  4. Compensation for the Damage

  I haven’t yet placed a dollar figure on what they destroyed. That’s because the value is immeasurable. But some things can be calculated: the cost of plants, soil, stone, wood, ornaments, and ceremonial items — most of which I paid for using my Victims of Crime payout as part of my healing process.

  While no amount of money could replace what was lost, a formal acknowledgment and financial compensation is necessary. Whether it’s reimbursement, general damages, or a rent reduction, something tangible must be done to reflect the gravity of their actions.

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  5. Policy Reform and Accountability

  This isn’t just about me. I have already asked QCAT to make findings that Housing Queensland staff and contractors acted outside lawful authority, violated my rights, and discriminated against me.

  But it goes further than that. I want to see:

  • A policy change requiring fair consultation with tenants before any major works.

  • A commitment to respect spiritual and cultural property.

  • And mandatory training for staff and contractors in how to deal respectfully with tenants, especially those with disabilities, trauma, or cultural obligations.

  If QCAT can’t issue these orders, then I ask the Ombudsman, the Queensland Human Rights Commission, or Housing’s own complaints unit to step in.

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  6. My Right to Stay in My Home

  I have built my life, my healing, and my sanctuary around my unit. I do not want to be forced to move. Relocation should only be offered if I request it, not as an excuse to cover up Housing’s misconduct.

  What I want is simple: a safe, dignified home, with my rights respected, and my trees and garden restored to the best extent possible.

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  Final Statement and Conclusion

  I have rights under tenancy law. I have rights under the Human Rights Act 2019. I have protections under the Anti-Discrimination Act. I will continue using all legal channels available to me — through QCAT, the Residential Tenancies Authority, the Queensland Human Rights Commission, the Ombudsman, and if necessary, the media and public.

  I will not be silenced. I will not allow my pain to be buried beneath bureaucracy.

  This is not just a garden. This was my shrine. This was my safety, my healing, and the resting place of my dead. The Department of Housing bulldozed more than soil — they bulldozed my dignity, my beliefs, and my basic rights as a human being.

  And I will fight — calmly, legally, and unwaveringly — until justice is done.

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Part 11: My Final Words and Call for Justice

Moving forward, I am demanding remedies and change. Housing Queensland has now been put on clear legal notice for multiple breaches of law and duty. They must return my property or compensate me fully, they must cease all further unilateral actions, especially the threatened removal of my sacred bottlebrush trees, and they must ensure that any future entries or works comply strictly with the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act).

But beyond the law, they owe me an apology — a profound, human acknowledgment of the cultural, spiritual, and emotional harm they’ve inflicted. What they bulldozed wasn’t just a few garden pots. It was the shrine of my dead, the living altar of my healing, and the only sacred space I had left. What they crushed with a machine, I carried in my soul.

This isn’t just about me. This is about how the Department treats vulnerable tenants. I am autistic, I am deaf, I am disabled. I am also strong. But consultation, respect, and reasonable accommodation are not privileges — they are rights. They are not optional under the law. They are required by decency.

I refuse to be treated like a nuisance. I will not accept being labeled “difficult” just because I stand up for myself.

My fight is not isolated. It is part of a much larger truth — that people in public housing are often disrespected, ignored, and silenced. But I have refused to be silent. I have documented everything. I have written reports, saved evidence, filed complaints, and told my story.

My garden shrine was destroyed unlawfully. The proposed removal of my bottlebrush trees will only deepen that injustice — taking away not just shade, privacy, and biodiversity, but the spiritual anchor that protects me.

The laws are on my side:

• The RTRA Act guarantees my right to quiet enjoyment of my home.

• The Anti-Discrimination Act 1991 (Qld) prohibits what they’ve done — failing to accommodate my disabilities, treating me differently for being autistic, deaf, and traumatised.

• The Human Rights Act 2019 (Qld) enshrines my right to freedom of belief, to peace and privacy in my home, and to equality under the law.

And still — they ignored me. They silenced me. They bulldozed my sanctuary without warning. I wrote on 22 May 2025 asking for my “dirt, jade, basil and wormwood” back — a plea that has gone unanswered.

If they will not listen to me, then let them hear the voice of QCAT, the Queensland Human Rights Commission, the Ombudsman, the Minister for Housing, and the people of this state.

I want compensation.
I want apology.
I want my garden back — even if only in part.
And I want assurances this will never happen to anyone again.

They must develop fair policy. They must train their staff. They must stop treating tenants like dirt beneath their boots.

If they cannot act with conscience, then I will bring law to their doorstep. I will bring justice through every channel available to me. And I will speak until every last right they tried to trample is restored.

Because this is my home.
Because I am Margaret Francic.
Because what they destroyed mattered.
Because truth matters.
Because I matter.