Summary Offences (Declared Public Precincts) Amendment Bill

Second Reading

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (18:03): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

As part of its commitment to providing safe communities and creating a vibrant city, the Government is introducing the Summary Offences (Declared Public Precincts) Amendment Bill 2016.

The Bill provides for the declaration of public precincts, for a specified time, where there is a reasonable likelihood of conduct occurring in the area that would pose a risk to public order and safety. For example, in areas such as Hindley Street on Friday and Saturday nights, the combination of alcohol, large groups of people and a high concentration of licenced premises creates situations that can very quickly escalate into violence.

A declaration can be made by the Attorney-General on his or her own motion or on the recommendation of the Commissioner of Police. The declaration would be gazetted and would operate for a specified period, which must be no longer than 12 hours within a 24 hour period, on both a recurring basis, for example, Hindley Street or Rundle Street on Friday and Saturday nights, and on an as-needs basis, for example, Gouger Street during the Chinese New Year.

A declaration will mean that police will have enhanced powers within the declared public precinct to effectively manage inappropriate behaviour as it happens.

Under proposed new section 66O, police will have the power to order a person or a group of persons to leave a declared public precinct if the officer believes or apprehends on reasonable grounds that an offence of a kind that may pose a risk to public order and safety has been, or is about to be committed, or the presence of the person or group of persons, poses a risk to public order and safety. A person who remains within the precinct, or re-enters or attempts to re-enter, the precinct during the declared public precinct period can be charged with an offence and faces a maximum fine of $1,250 if found guilty.

Similar powers to those used to bar a person from licensed premises will also apply to a declared public precinct so that police can bar a person from a precinct for the period that it is declared public precinct. Proposed new section 66T provides that a police officer may bar a person from entering or remaining within the declared public precinct if the person commits an offence of a kind that may pose a risk to public order and safety or behaves in an offensive or disorderly manner. The police officer may also chose to bar the person from entering or remaining within any other declared public precinct specified in the order for a period specified in the order. However, the barring order may only operate during the declared public precinct period for that precinct and it may not extend beyond 24 hours after the time of the order. The maximum penalty for an offence under this section is a $2,500 fine.

Proposed new section 66P of the Bill allows police to serve an expiation notice on a person within a declared public precinct if the person is behaving in an offensive or disorderly manner. As is the case with the similar offence in section 117A of the Liquor Licensing Act 1997, because the offence is expiable, it will not apply to any behaviour involving violence or a threat of violence. Offences of a violent, or potentially violent, nature should be dealt with under existing offence provisions in the Summary Offences Act 1953 and should not be expiable.

The Bill also makes it an offence to carry an offensive weapon or dangerous article in a declared public precinct without lawful excuse. Currently, section 21C(3) imposes higher penalties for carrying an offensive weapon or a dangerous article without lawful excuse if the offensive weapon or dangerous article is carried at night while in, or apparently attempting to enter or leave licensed premises or the car park of licensed premises. The maximum penalty for such an offence is $10,000 or imprisonment for 2 years.

The aggravated offence was introduced a number of years ago because there is a higher than usual risk of violence and anti-social behaviour in and around licensed premises at night time. As similar concerns arise in relation to public precincts, particularly those with a high proportion of licensed premises on Friday and Saturday nights, the aggravated offence has been extended to apply to declared public precincts.

Police powers to carry out metal detector searches and to carry out general drug detection under section 52A of the Controlled Substances Act have also been extended to a declared public precinct. A police officer will be authorised, for the purposes of detecting the commission of an offence under Part 3A of the Summary Offences Act or new section 66Q, to carry out a search of a person, and any property in the possession of the person, if the person is in a declared public precinct. If the metal detector search indicates the presence of metal, the officer may require the person to produce the items detected by the metal detector and, if the person refuses or fails to produce any such item, the officer may proceed to conduct a search of the person for the purpose of identifying the item. Such a search may be conducted as if it were a search of a person who is reasonably suspected of having, on or about his or her person, an object possession of which constitutes an offence. An officer will also be able to undertake general drug detection which includes the use of drug detection dogs.

Finally, the Bill gives police the power to remove children from declared public precincts, utilising the powers of removal under section 16 of the Children's Protection Act 1993 if the child is, in the opinion of the police officer, in a situation of serious danger. A child is in a situation of serious danger if the child is: in danger of being physically harmed or injured; or in danger of abuse (including assault and sexual assault, ill treatment and exposure to behaviour that may cause psychological harm to the child); or behaving in an offensive or disorderly manner or is otherwise committing or about to commit an offence.

The proposed amendments are intended to give police more flexibility to deal proactively with anti-social behaviour and public disorder, particularly alcohol related disorder, before more serious offending occurs, without unnecessary intrusion on personal rights. This will enhance the vibrancy of entertainment precincts like Hindley Street by attracting more law-abiding patrons, and reducing the number of patrons charged with public order offences, which in turn reduces the strain on the criminal justice system.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Summary Offences Act 1953

4—Amendment of section 4—Interpretation

This clause provides definitions of declared public precinct and declared public precinct period for the purposes of the measure.

5—Insertion of Part 14B

This clause inserts a new Part 14B into the Summary Offences Act 1953 as follows:

Part 14B—Declared public precincts

Division 1—Declared public precincts

66L—Limitation on action

This clause provides that the powers granted in the Part must not be used in a manner that would diminish the freedom of persons in this State to participate in advocacy, protest, dissent or industrial action.

66M—Public order and safety

This clause provides an inclusive definition of public order and safety for the purposes of the measure.

66N—Declaration of public precinct

This clause provides that the Attorney-General may, by notice in the Gazette, declare a defined area comprised of 1 or more public places to be a declared public precinct for a period, or periods, specified in the declaration. A declaration may be made if the Attorney-General is satisfied that there is, during the period or periods specified in the declaration, a reasonable likelihood of conduct in the area posing a risk to public order and safety and that the declaration is reasonable having regard to the risk. An area may not be a declared public precinct for more than 12 hours in any 24 hour period unless the Attorney-General is satisfied that special circumstances exist in the particular case

Division 2—Maintaining public order and safety in declared public precinct

66O—Request to leave declared public precinct

This clause gives a police officer power to order that a person or persons leave a declared public precinct if the police officer believes or apprehends on reasonable grounds that an offence of a kind that may pose a risk to public order and safety has been, or is about to be, committed by that person or by one or more of the persons in the group or the presence of that person, or of the group of persons, poses a risk to public order and safety.

It will be an offence for a person, having been ordered to leave a declared public precinct, to remain in the precinct or re-enter or attempt to re-enter the precinct.

66P—Offensive or disorderly conduct

This clause provides that a person must not behave in an offensive or disorderly manner within a declared public precinct. A maximum penalty of $1,250 will apply with an expiation fee of $250.

66Q—Offensive weapons and dangerous articles

This clause provides that a person must not, without lawful excuse, carry an offensive weapon or dangerous article within a declared public precinct. A maximum penalty of $10,000 or imprisonment for 2 years is fixed.

66R—Power to conduct metal detector searches etc

This clause provides for police, for the purpose of detecting the commission of an offence under clause 66Q or Part 3A of the Summary Offences Act 1953, to carry out a search in relation to a person within a declared public precinct (and their property). Such a search must be a metal detector search in the first instance which, if that search indicates the presence or likely presence of metal, will lead to the requirement to produce the metal items or a search of the person if no metal items are produced by the person.

66S—Power to carry out general drug detection

This clause provides that a police officer may carry out general drug detection under the Controlled Substances Act 1984 in relation to any person present within a declared public precinct.

66T—Declared public precinct barring order

This clause provides that a police officer may bar a person from entering or remaining within the declared public precinct for a period specified in the order and may also bar the person from entering or remaining within any other declared public precinct specified in the order for a period specified in the order if the person commits an offence of a kind that may pose a risk to public order and safety, or behaves in an offensive or disorderly manner, within a declared public precinct.

A person who enters or remains within a declared public precinct from which he or she is barred under this section will be guilty of an offence with a maximum penalty of $2,500 fixed.

66U—Hindering police

This clause provides an offence of hindering or obstructing a police officer in the exercise of the powers conferred by clause 66R or clause 66S and also of refusing or failing to comply with a requirement made of the person, or a direction given to the person, pursuant to clause 66R or clause 66S.

Division 3—Power to remove children from dangerous situations

66V—Power to remove children from dangerous situations

This clause provides that a minor who is in a declared public precinct will be taken, for the purposes of section 16 of the Children's Protection Act 1993, to be in a situation of serious danger if the minor is, in the opinion of a police officer in danger of being physically harmed or injured, in danger of abuse or behaving in an offensive or disorderly manner or otherwise committing or about to commit an offence.

Debate adjourned on motion of Hon. T.J. Stephens.