12 September 2024
The Hon. R.A. SIMMS (16:42): I rise today to indicate that the Greens are not supportive of this bill. Colloquially known as 'post and boast', this bill aims to address the issue of offenders posting videos of crimes on social media. The bill creates a presumption against bail for people aged 14 to 18 who post and then boast about their crimes. It also aggravates an offence where the offender publishes material relating to that matter.
Whilst I do understand the point that the Hon. Frank Pangallo is raising through this legislation—and I do have some concerns around offenders engaging in criminal acts and not demonstrating appropriate contrition; indeed, posting or bragging about your crimes on social media does not point to contrition—the Greens are concerned that this bill is misdirected in its approach. Young people in particular could be targeted through these laws, and we know that young people do not respond well to punitive policies.
What is needed are more wraparound services, more effective diversionary programs. I have spoken in this chamber about some of those alternatives in the context of the debate around the age of criminal responsibility. There are other ways to address this issue. It would make more sense to allow courts to consider the publishing of material in sentencing and to provide more early intervention programs to prevent this kind of offending occurring in the first place.
Rather than managing the behaviour after the event, we should always be looking at the systemic causes of offending and trying to drive that down, looking at the causes of crime and how we might appropriately manage that. I think it is instructive, when considering this bill, to take into account the views of the Law Society. They have written a comprehensive submission on this proposal, and it is clear they are not supportive of the bill. I will quote from a few elements of their submission.
The society provides [these] views, informed by Members of its Criminal Law Committee, emphasising the development of an appropriate legislative response to 'posting and boasting' is a task which must be undertaken carefully. The Society is particular concerned that the amendments to the Bail Act, their disproportionate impact on young people, and their incompatibility with the International Covenant on Civil and Political Rights.
Their submission outlines concerns regarding the application of the bill, the presumption against bail, and the potential disproportionate impact that this could have on young people. Indeed, members are aware of my views around that. The Law Society note in their submission:
…concern with such a reform coinciding with the State Government's considerations to increase the minimum age of criminal responsibility from 10 to 12 years of age and alternative division models for those under the minimum age of criminal responsibility. The Society notes in-principle support for that proposal, and we would consider Parliament's support of a Bill in the terms proposed to be a retrograde step in attempting to achieve that reform.
That is a pretty clear message from the Law Society that now is not the time to be undertaking this kind of reform whilst parliament is still forming a position on the age of criminal responsibility. I take on board the comments made by the Attorney-General where he indicated that this is still an issue on which the Labor government is to form a position, but we do not want to put the cart before the horse by legislating in an area where there is still some consideration around the options.
I make no criticism of the Hon. Frank Pangallo in putting this forward. I know he is someone who is very interested in criminal justice reform, but in this instance the Greens have a slightly different view. I understand the opposition have amendments to this bill to remove the presumption against bail. We are supportive of those amendments. One of the big issues that we have been concerned about in this legislation is the inclusion of a presumption against bail. I do not agree with that principle.
As stated previously, in summing-up it is vital that we look at the systemic causes of offending rather than jailing people after the fact. That is particularly true when we are looking at offences committed by young people. I urge the government to focus their attention on diversion models, things that will actually reduce offending, prevent young people from interacting with our criminal justice system and make our community safer as a result.