Move On Directions Bill: 2nd reading speeches cont. and 3rd reading

Hansard | NSW Legislative Council | 25 May 2011 

Mr DAVID SHOEBRIDGE [11.25 a.m.]: I speak on behalf of The Greens against this retrograde piece of legislation introduced by the new Coalition Government. The Law Enforcement (Powers and Responsibilities) Amendment (Move On Directions) Bill 2011 will amend the Law Enforcement (Powers and Responsibilities) Act 2002 in relation to move-on directions to intoxicated persons in public places. The bill is of modest compass—with only one effective clause—but the bill will change the move-on powers for police in respect of intoxicated persons. As members know, currently these only apply to groups of three or more people who are in a public place and where a police officer believes on reasonable grounds that their behaviour as a result of intoxication is likely to cause injury or otherwise be a risk to public safety. The substantive amendment in this bill is to authorise police to move on a single intoxicated person by themselves rather than in a group.

It is said by the Coalition that this is the first part of its plan to tackle alcohol-related violence and antisocial behaviour. It is claimed by the Government that it intends to use new ways to address this complex issue. Well, nothing could be further from the truth. This is in fact a throwback to the 1970s, to a failed method of policing and a failed method of dealing with drunkenness in public places. We had some quite insightful contributions by the Hon. Marie Ficarra dealing with the effect of alcohol in our community and dealing quite openly with the impact of drunkenness on our streets and the need for any government to be mindful of ways to deal with public drunkenness and to deal in an effective but also a tolerant and careful manner with the people that the police confront on the streets.

Anyone who goes out in some of our country towns and parts of the central business district of Sydney realises what a tough job the police have dealing with people who are intoxicated on the streets—often groups of people intoxicated on the streets. It is clearly a difficult job for police officers when faced with people who are intoxicated on the streets, but this bill will make the job for the police more difficult. This bill will effectively require the police, because they have the power, to move on individuals who are intoxicated when they run into them on the streets.

The Hon. Amanda Fazio pointed out the history of legislation of this type, which has predominantly been used against marginalised groups in society. It is the single intoxicated homeless person who will be moved on by the police; it is members of the Aboriginal community, who have traditionally been targeted by the police using these kinds of powers in the 1960s and 1970s; it is people who are mentally ill and are often found to be of social difficulty on the streets that will be subject of these move-on powers. That has been the history in the past. This is not a new way forward by the Coalition; this is a throwback to the 1970s.

It is unclear that the Government has looked at the balance of powers found for the police in the Law Enforcement (Powers and Responsibilities) Act before taking this step, because there is already power under section 197 for a police officer to give a direction to a single person in a public place if that person is obstructing another person or persons, or traffic; if that person is undertaking conduct which constitutes harassment or intimidation; if that person is causing or is likely to cause fear to another person or persons, provided that is reasonable; or if that person is, for example, unlawfully supplying or intending to unlawfully supply or solicit from another person a prohibited drug, or if that person is in a public place for the purpose of obtaining, procuring or purchasing a prohibited drug.

Move On Directions Bill: Second reading speeches continued

Hansard | NSW Legislative Council | 24 May 2011

The Hon. AMANDA FAZIO [3.15 p.m.]: In my view the Law Enforcement (Powers and Responsibilities) Amendment (Move On Directions) Bill 2011 is unnecessary because the powers it seeks to introduce by this legislation already exist in other legislation. I take this opportunity to express my concern about the potential for abuse of this legislation. People should be aware that the changes proposed by the legislation will impact disproportionately upon homeless people, young people and Indigenous people. In the longer term, as with similar provisions of the past, the bill will serve no common good while in the meantime causing unnecessary suffering.

The Hon. Marie Ficarra noted disparagingly that Labor dismantled the Summary Offences Act. I personally believe that that was one of the best things done by Neville Wran when he was the Premier of New South Wales, because the Summary Offences Act was used by the police to discriminate against people in the lower echelons of society, people who had problems with alcohol consumption but who were not necessarily causing any difficulties, people who did not have a lot of cash on them, people who for one reason or another were deemed to be unsuitable, and people who were at the bottom of the pecking order in society. Labor members should be proud that Neville Wran dismantled the Summary Offences Act.

Move on Directions Bill: Second reading speech

Full Day Hansard Transcript (Legislative Council, 10 May 2011, Proof)

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) AMENDMENT (MOVE ON DIRECTIONS) BILL 2011

Bill introduced, and read a first time and ordered to be printed on motion by the Hon. Michael Gallacher.

Second Reading

The Hon. MICHAEL GALLACHER (Minister for Police and Emergency Services, Minister for the Hunter, and Vice-President of the Executive Council) [11.10 a.m.]: I move:

That this bill be now read a second time.

Alcohol-related violence and antisocial behaviour have been a source of concern to the community in New South Wales and Australia-wide. The Government is seeking new ways to address this complex issue. The Bureau of Crime Statistics and Research [BOCSAR] identified a significant increase in alcohol-related incidents of offensive behaviour between 2005 and 2009. In 2008 the BOCSAR also reported a statistical increase over a five-year period in alcohol-related assaults and incidents using a glass or bottle as a weapon. Alcohol-related injuries pose a significant cost to the health system. A study conducted at St Vincent's Hospital emergency department in 2004-05 calculated that up to $1.38 million per year was spent on alcohol-related injuries and intoxication alone.

People are entitled to enjoy a night out without fear of having their evening ruined by drunken and violent hooligans. That is why the Coalition Government is proposing the implementation of the first stage of the Making Our Streets Safe Again policy by strengthening existing move-on powers. Current move-on powers in section 198 of the Law Enforcement (Powers and Responsibilities) Act restrict police to giving directions to persons in groups of three or more intoxicated people. The proposed amendment enables police to give directions to intoxicated individuals regardless of whether they are by themselves or part of a group. Move-on powers give police an effective enforcement tool to address drunk and disorderly behaviour before it becomes a public safety issue. Giving police the power to encourage intoxicated individuals to go home will help to reduce the incidence of violence around entertainment and licensed venues.

The current thresholds in relation to the likelihood of the intoxicated person causing injury, causing damage or giving rise to a risk to public safety will continue to apply. The direction given by the police officer must be reasonable in the circumstances in order to prevent injury or damage or to reduce the risk to public safety. The period during which a person may be directed not to return to the public place is not to exceed six hours. While our election commitments focus on alcohol-related violence, we recognise that antisocial behaviour can be the result of the consumption of alcohol or drugs, or both. The current definition of "intoxicated" in section 198 covers the effects of both alcohol and drugs. A person is intoxicated for the purposes of issuing a move-on direction when:

(a) the person' speech, balance, co-ordination or behaviour is noticeably affected, and

(b) it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of alcohol or any drug.

The only substantive amendment in the bill amends the Law Enforcement (Powers and Responsibilities) Act 2002 to omit from section 198 (1) "in a group of 3 or more intoxicated persons". This amendment means there is no longer a requirement for the intoxicated person to be in company with other intoxicated persons for the direction to apply. The amendment authorises police to move on intoxicated individuals regardless of whether they are by themselves, with another person or in a group of people. This bill is the first important step towards making the streets of New South Wales safe again. Police will be able to direct intoxicated persons to move on before trouble starts. Strengthening the existing move-on powers will lay the groundwork of the next stage of our election commitments relating to intoxicated and disorderly behaviour. The Government is committed to ensuring that intoxicated and disorderly behaviour on our streets will not be tolerated. I commend the bill to the House.

Debate adjourned on motion by the Hon. Amanda Fazio and set down as an order of the day for a future day.

O’Farrell Government To Strengthen Police Move-On Powers

Press Release | NSW Government | 9 May 2011

NSW Premier Barry O’Farrell and Minister for Police and Emergency Services Michael Gallacher today announced strengthened police move-on powers to crackdown on anti-social behaviour.

“Under these new laws to be introduced by my Government today, fulfilling yet another election commitment, Police will be able to move-on intoxicated individuals who are acting in a way that may cause harm to themselves, to others or to property,” Mr O’Farrell said.

“Under the current law, move-on powers can only be used for groups of three or more under the current law,” he said.

“We have to change the culture of alcohol related anti-social behaviour in NSW, and that change starts with making people personally responsible for their own actions.

“The Police are sick of being punching bags on a Friday and Saturday night in our major entertainment districts,” he said.

Mr Gallacher said the community is all too familiar with the problems and the destructive nature which can be caused by a single drunk.

“The offending individual may be shouting and swearing under the windows of people trying to sleep. He or she can be seen any Friday and Saturday night walking recklessly out into traffic or stumbling around railway stations,” Mr Gallacher said.

“We are changing this so Police can give a direction to move on intoxicated individuals as well as groups. The laws can only be exercised in public places.

“This is aimed at those individuals whose excessive drinking makes late night entertainment areas unpleasant and, often, positively dangerous.”

Mr Gallacher said the new laws will be a valuable preventative measure as, by complying with the police move-on direction a person will be able to avoid a charge of being 'intoxicated and disorderly' – a new summary offence which the NSW Government will also shortly introduce.

“With this simple but important reform, the capacity of police to keep our streets and other public places safer will be considerably strengthened,” Mr Gallacher said.

Law and Order Auction Commences

Press Release | NSW Greens, David Shoebridge MLC | 9 May 2011

New legislation to be introduced by the O’Farrell Government will give police extraordinary powers 30 years out of date, and, according to NSW Greens MP and Justice spokesperson David Shoebridge will unfairly target disadvantaged members of the community.

“Police already have the powers to deal with people who have had too much to drink and are causing trouble. This legislation is an extreme and unnecessary extra step.

“There is scant evidence other than tabloid and shock-jock scare-mongering papers that police need further powers in this area.

“The ability for the police to force an individual to move from a public space is not something that should be lightly considered in a free society. These laws are more at home in a repressive closed society than in NSW in 2011.

“The Move On Directions Bill will essentially re-introduce the drunk and disorderly provisions which were sensibly removed from the statute books in 1979. We are seeing a real step backwards.

“This legislation will give police wide powers to hassle and intimidate people at their discretion. We might get more arrests, but we’re not going to get a better society.

“At police discretion, people returning from a dinner party, a sporting event or even the theatre will be a police target if they’ve had a couple of drinks, or take offence to the police harassing them.

“Previous laws of a similar nature have been shown to have a disproportionate effect on the most vulnerable members of the community, homeless people, young people and Aboriginal people.

“The Coalition is wasting no time at all in trying to take NSW back to the future,” Mr Shoebridge said.