Youthlaw, Victoria’s specialist legal service for young people, says new Workplace Protection Orders could see young people banned from trains, trams and buses on alleged conduct that has never been proven in a criminal court. Youthlaw is concerned this could cut them off from travelling to school, work, court dates and healthcare.
The Victorian Government has today announced the introduction of a Workplace Protection Order Scheme that wouldn’t just apply in shops and hospitality venues but would also ban young people from public transport. Once made, an order can ban a young person from specified transport operators or limit their access.
“For many adults, a public transport ban is an inconvenience. For a young person with no other feasible method of transport, it’s a ban on getting to school, work, or their own court date,” said Youthlaw’s Deputy CEO, Jo Ellis.
The threshold for a Work Place Protection Order would not require a criminal offence to be proven. It can be triggered by “unacceptable conduct.”
“We are concerned that young people experiencing homelessness or struggling with their mental health are more likely to be caught by this law, and lose their ability to get around on public transport,” Ms Ellis said.
Youthlaw also considers these new laws will fall hardest on young people who have the fewest alternatives to get around.
“A young person without a train or a bus isn’t just inconvenienced. They lose their job. They stop turning up to school. They miss a court date and end up with a warrant for their arrest,” said Ms Ellis.
Youthlaw also warns the orders risk creating a cycle of criminal charges for young people who have no way to comply.
“If public transport is the only way you can afford to get anywhere, you don’t stop travelling because of a piece of paper. You have to get around, so you keep breaching the order, and then you have a list of charges and a criminal record for breaching an order that was made based on allegations never proven in a criminal court in the first place,” said Ms Ellis.
Youthlaw is calling on the Victorian Government to ensure that any legislated WPO scheme won’t lead to a blanket ban on children and young people from using public transport. WPO legislation should also ensure an adequate threshold for conduct before an order is made, build in individual assessment of a person’s life circumstances, and consider less restrictive alternatives before any exclusion order is made that would limit a person’s access to public transport.
“Everyone deserves to feel safe at work. But a proportionate response looks at the person in front of you, not a blanket ban that punishes a young person for being homeless or unwell,” Ms Ellis said.
Young people who think they may be affected by a Workplace Protection Order can contact Youthlaw for free legal advice.
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About Youthlaw
Youthlaw is Victoria’s specialist community legal centre for young people under 25, providing free legal advice, representation and advocacy.
Media contact:
Imogen Cowan – Manager, Social Work (Youth Crime)
0494 727 200 | [email protected]