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Proposed laws to hurt the vulnerable and young

There has been public outcry in relation to the proposed laws removing rights to engage in public assembly and political demonstration. See concerns outlined in recent submissions to Scrutiny of Acts and Regulations Committee.

Apart from those engaged in political demonstration,  the proposed amendments will have a disproportionate impact on marginalised young people, people experiencing homelessness, poverty, and mental health issues who occupy public spaces.

In brief, the Bill proposes to extend the power of police and PSOs to issue move on directions in a number of key ways that will affect these vulnerable members of the community who rely on public spaces.Changes proposed under the new Summary Offences and Sentencing Amendment Bill 2013 (Vic) include expanded powers to move people on in public spaces, to exclude from  public places for up to 12 months, and to effect arrest where there is a failure to comply.

Under the new laws, a  member of the police force or a PSO can direct a person to leave a public place and not to return to it for up to 24 hours where they reasonably suspect:

  • person(s) are present for the purpose of buying or selling drugs
  • the person has committed a summary offence in the public space in the last 12 hours (e.g. littering, begging, drunk and disorderly),
  • where the conduct of person(s) is causing a reasonable apprehension of violence in another person.

Under the new laws arrest powers are extended to cover a failure to comply with a move on direction.

Where three move on directions are issued within six months, or five within twelve months, police may lodge a Court application to exclude a person from a public space for a period of up to one year.

Where a person engages in conduct in contravention of an exclusion order knowing or being reckless as to whether the order is in effect, a maximum penalty of two years imprisonment may apply.

Young people are particularly vulnerable to the impact of move on powers and exclusion orders, as they are more frequently in the public eye and frequently occupy public spaces and facilities, as a result of social choice and financial necessity.

We already hear from young people especially those from diverse cultural backgrounds or with experiences of homelessness, that current move-on powers are often used in a way that makes them feel targeted, alienated and unjustly excluded from public space

At a time when government, police and community are exploring ways to divert and support young people away form the criminal justice system, these proposed laws will pull more young people into the system.

At a time when police are reviewing their policies and training to help officers engage with people fairly and impartially, the proposed laws may well exacerbate tensions between police and young people.

NOW is the time for concerned individuals and organisations to raise any these issues with members of Parliament, and to request a stay of the Bill to allow opportunity for proper consultation and consideration of community  concerns.

Landmark decision by Court of Appeal paves way for Youthlaw human rights case

Last Friday the Court of Appeal of the Supreme Court of Victoria made a landmark decision to grant a protective cost order to our client Nassir Bare.  Without this order he would have had to discontinue his appeal. The appeal will now proceed.

This decision is a first for Victoria and will create a legal precedent to protect people bringing public interest cases where they might otherwise be stopped from doing so by prohibitive costs.

The decision was made by the highest court in Victoria and will be influential nationally.  Australia has no national laws regulating costs in public interest cases and few court decisions.

The anti-corruption body  IBAC and the Victorian Attorney-General opposed the costs order arguing that public interest  was not a sufficient reason for costs to be restricted  and that the appeal case is unlikely to be successful .

The order restricts any costs against our client to $5,000.  Compare this to the possibility of hundreds of thousands of dollars and you can understand why this decision is so significant.

The substantive case is about the accountability of police when they misuse and abuse their powers.  Our client Nassir Bare a vulnerable young man was assaulted at the age of 17 by police and requested his complaint be investigated not by police but by an independent body. His complaint was sent to the OPI (now IBAC) but they refused to investigate and referred it to Victoria Police.  It is at this point that this test case began by challenging the decision by IBAC.

IBAC  currently only investigates 1% of complaints against police. The rest are investigated by Victoria Police.

The appeal follows a March decision by Justice Williams of the Supreme Court. Justice Williams found against Nassir Bare and in favour of  IBAC. The court case heard that Nassir was subjected to a serious assault, including being capsicum sprayed while handcuffed and being racially abused at the hands of Victoria Police officers in February 2009. At issue was the right to independent review of the allegations rather than investigation by police themselves.

Both the Equal Opportunity and Human Rights Commission and the Attorney-General have intervened in the case as it calls into question whether IBAC has complied with the Victorian Charter of Human Rights and Responsibilities.

We thank the legal team at Maddocks and counsel Jason Pizer, Emrys Nekvapil and Fiona Spencer for their exceptional pro bono assistance.

Reasons for today’s decision, which sets an important precedent, will be handed down in court on Friday 9th August 2013 at 9.45am.

Read the following media coverage of the decision:

For media comment at or after the hearing on Friday 2 August:

Ariel Couchman, Director (Youthlaw) mobile: 0438 812 937

For media assistance contact:

Darren Lewin-Hill, Communications Manager (Federation of Community Legal Centres) mobile: 0488 773 535

Inquiry into Victoria Police’s stop and search policy opens

Victoria Police has just opened a public inquiry into two key policies that shape their interactions with the community, particularly culturally and linguistically diverse groups and the Aboriginal community: its field contacts policy (‘stops and searches’) and its cross-cultural training program.

This inquiry is the first of its kind held by Victoria Police. Its outcomes have the potential to improve the interactions of police with Aboriginal, newly arrived and culturally diverse communities not only in Victoria but across Australia, as other police services take note of the Victorian response.

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It’s smarter to invest in diversion than in prisons

A review of the evidence shows that prison is costly, has negligible or negative effects on re-offending and, in the case of young people, may inflict long-term damage, thereby squandering the opportunity for rehabilitation and diversion that is presented with young people.[1]

 Prison is costly

The cost of new prison infrastructure and expansion of prisons to accommodate an increasing prison population within Victoria is in the hundreds of million of dollars. The 2013–2014 Victorian State Budget committed an extra $131.5 million on top of the $819 million prison funding announced last year to extending the prison system. Despite these budget commitments, it is predicted that Victoria’s prison system will still fall 1,400 beds short of the required capacity by 2016.[2]

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