The Greens party and the Law Society of NSW have slammed the State Government’s latest attempts to crack down on graffiti.
The Graffiti Legislation Amendment Bill had its second reading in NSW Parliament last week and if passed will mean warnings and fines can no longer be issued to offenders. Instead, juveniles caught by police will be forced to appear before the courts.
The Greens have criticised the bill, stating the laws “will do nothing to reduce graffiti and is a step backwards.”
Greens MP and Justice spokesperson, David Shoebridge, said: “Evidence shows that pushing more young offenders into the criminal justice system in this way will end up being both expensive and counter-productive.”
But Minister for Police and Emergency Services, Michael Gallacher, believes appearing before court is important for offenders to “understand the community and the Parliament view graffiti vandalism as a serious crime”.
The bill will also give courts the power to suspend an offender’s driver licence for up to six months or limit the number of demerit points the individual can accrue for the period of the order.
“We say to them that…if they are not mature enough to conduct themselves properly in the community . . . they are not mature enough to get behind the wheel of a motor vehicle,” Minister Gallacher said in Parliament last week.
President of the Law Society of NSW, Stuart Westgarth, wrote to the Attorney General in opposition to the bill.
“Criminal proceedings should not be instituted against a child if there is an alternative and appropriate means of dealing with the matter,” wrote Mr Westgarth.
Mr Westgarth and the Law Society of NSW condemned the plan and pointed towards its failure in the past.
“Young people who commit graffiti offences are likely to be among the most marginalised in the community, and licence sanctions only exacerbate their hardship.”
But some have praised the State Government for delivering on its pre-election promise to crack down on graffiti vandals.
“I do feel they [the legislative changes] are fair,” said CEO of Keep Australia Beautiful NSW, Peter McLean.
“People know it’s illegal and there needs to be consequences for those who degrade our community.”
Mr McLean said he believes illegal graffiti is a “gateway crime”, echoing Minister Gallacher’s calls that “today’s graffiti is tomorrow’s malicious damage, next week’s stealing and next month’s break and enters”.
Chief Executive of Youth Action & Policy Association (YAPA), Reynato Reodica, is unconvinced of the correlation.
“I think that whether or not the link is actually there is questionable.”
