Policy and Law Reform

Fitzroy Legal Service submits policy and law reform submissions as part of its efforts to represent the concerns of its clients and to promote social justice for the wider community. FLS submissions are available to the public and can be accessed by clicking on the links below.

2010

Bail Review

In 2007, the Victorian Law Reform Commission (VLRC) found that bail laws did not apply equally to all people. The VLRC report recommended a rewriting of the Bail Act 1977. This would simplify the language of the Act and define the powers of police, bail justices and courts in relation to granting bail and any bail conditions. The report also called for training of bail justices about the special needs of disadvantaged and vulnerable people.

FLS wrote the Department of Justice in support of most recommendations made by the VLRC report but remained opposed to the system of bail justices in Victoria.

Bail Reform Project- Response to Discussion Paper Stage 1

Victims of Crime

In 2010 the Department of Justice began reviewing the Victims of Crime Compensation scheme, including sentencing orders and compensation awards. FLS made a submission to the review.

FLS made a number of recommendations including, Magistrates should have specialised training to hear Victims of Crimes Assistance Tribunal (VoCAT) matters; and, legal fees for VoCAT matters be raised to increase the number of available lawyers. FLS also recommended extending the availability of financial compensation to victims of sexual violence prior to 1997.

The review is ongoing.

Submission to the Department of Justice reviewing Victims of Crime Compensation: Sentencing Orders and State-funded awards

Briefing Paper - Severe Substance Dependence Treatment Bill

In 2009 FLS collaborated with other community legal centres to make a submission to the Victorian parliament about the Severe Substance Dependence Treatment Bill.

FLS argues this Bill extends the power of involuntary detention of those people with drug and alcohol dependence. FLS argued for more definition of the mechanisms which give rise to the Magistrates' Court's power to order detention. FLS also raised concerns about whether the Bill safeguards basic human rights.

The Bill is currently before Parliament.

New Drug & Alcohol Treatment Bill

Submission to the Scrutiny of Acts and Regulations Committee regarding the Severe Substance Dependence Treatment Bill 2009

2009

Sex Trafficking

In 2009, FLS made a submission to a Parliamentary Inquiry investigating the trafficking of people for sex work in Victoria.

FLS points out that most victims of sex trafficking are reluctant to report their experience to Police. FLS believes this may preclude victims from eligibility for financial compensation. We argue that the victims' compensation tribunal (VoCAT) should be able to accept reports from specialised agencies dealing with sexual violence or trafficking as evidence that trafficking occurred.

The report of the Inquiry's findings is expected June 2010.

Drugs and Crime Prevention of Victoria - Inquiry into People Trafficking for Sex Work in Victoria

Spent Convictions

'Spent convictions' are schemes which erase certain convictions on an individual's criminal record after a specified time period has lapsed. The laws around spent convictions are state-specific and can be a significant barrier to employment. Victoria lags behind the other states in this area. In 2008, the Federal Government proposed a Bill to create a uniform scheme for spent convictions across all states.

In 2009 FLS made a submission arguing the proposed uniform scheme needed to go further. FLS argued the Bill needed to strongly state the amount and relevance of information released to prospective employers requesting the check. FLS also called for clarity as to how the uniform scheme would interact with existing schemes in the states.

Submission to the Criminal Law Policy Unit Department of Justice, Draft Model Spent Convictions Bill - Consultation Paper

City of Yarra

FLS wrote to the City of Yarra in September 2009 opposing the proposed law to ban the consumption of alcohol in the streets of Yarra. FLS argued the proposed law gave an anti-poverty, not anti-alcohol message. For example, homeless residents of Yarra who consumed alcohol would be in breach of the proposed law because of their social disadvantage. Further, harm minimization or crime prevention research did not evidence that the proposed law would improve social outcomes.

Ultimately, the City of Yarra passed the law with effect from 1 December 2009, banning the public consumption of alcohol at all times.

Submission to the City of Yarra regarding the proposed introduction of Local Law No.8 (2009) - Consumption of Liquor in Public Places

Surveillance in public places

In 2009, the Victorian Law Reform Commission (VLRC) began an inquiry into surveillance in public places with a view to improving the relevant laws. FLS argued that surveillance technology has significant limitations as a tool to enhance safety within the community. FLS supported the development of laws to regulate surveillance practices which were weighed against human rights such as the right to use public space.

The VLRC has not yet published its final report into this project.

Submission to the Victorian Law Reform Commission, Surveillance in Public Places - Consultation Paper July 2009

Public offences and increased powers to the Police

The Victorian Government proposed to introduce the Summary Offences and Control of Weapons Acts Amendment Bill 2009. The amendments will give police increased powers to intervene and diffuse situations that may interfere with the peaceful enjoyment of public places. The introduction of these amendments was linked to increased public space offences in the central business district and other entertainment precincts.

FLS argues that the terms of the powers and offences proposed are too broad and give the police discretionary powers that can be applied arbitrarily. FLS argues this may encourage discriminatory profiling, unjustly impact upon people who are vulnerable and increase the chances of punitive interference by the police.

FLS concludes the Bill offends Human Rights Charter, and will negatively impact upon the well-being and tolerance in the community.

Position Paper - Move on Laws The End of an Era – Basic Freedoms Give Way to An Entrenched Police State

Submission to the Scrutiny of Acts and Regulations Committee – Summary Offences and Control of Weapons Acts Amendment Bill 2009

2008

Equal Opportunity Act submission

In 2008, FLS made a submission about the proposed changes to the Equal Opportunity Act 1995 (the Act) to the Victorian Equal Opportunity Commission. FLS argued that the Act did not adequately equip the Commission to prevent discrimination across the whole of society or against individuals. FLS was supportive of the expansion of the Commission's powers to initiate actions even where there had been no complaint. FLS suggested that the conciliation function of the Commission would be better positioned with a third specialist dispute resolution agency.

The amended legislation is currently being debated in the Victorian Parliament.

Submission to the Review of the Equal Opportunity Act 1995

Vexatious Litigants

Vexatious litigants are people identified by the courts as repeatedly bringing matters without merit to court and they are then 'barred' from bringing further matters to Court. In 2008, the Victorian Parliament began an inquiry to improve the way Victorian courts were dealing with vexatious litigants. FLS made a submission which argued that the reforms should be broadly focused on improving access for individuals to representation in court, rather than narrowly focused on vexatious litigants.

Submission to the Victorian Law Reform Committee into Vexatious Litigants

2007

Abortion

In 2007 the Victorian Law Reform Commission (VLRC) began a review of the laws which made abortions a criminal offence in Victoria. FLS made a submission recommending that abortion should no longer be a criminal offence. FLS argued that all people should be able to equally access health care and this was only achieved where women and their doctors could legally access and perform abortions.

Ultimately, the VLRC recommendation to decriminalise abortion was accepted by the Victorian parliament which legislated for the necessary changes to the Crimes Act 1958 in 2008.

Submission to the Victorian law Reform Commission: The law of abortion

Suspended Sentences

In 2007, FLS wrote to the Sentencing Advisory Council (SAC) about suspended sentences. Suspended sentences involve an offender being sentenced to prison but by not committing another offence during the term of the 'sentence', they do not have to serve a time in prison. Sometimes suspended sentences have other conditions attached, such as a community based treatment orders.

In 2008 the SAC recommended that suspended sentences should continue to be available but needed reform, especially in relation to suspended sentences with conditions.

FLS agreed with the continued availability of suspended sentences and most other recommendations of Part II of the report. FLS queried whether allowing 'special conditions' to be imposed on Intensive Correction Orders would be in breach of Victoria's Charter of Human Rights.

Submission to the Sentencing Advisory Committee: Suspended Sentences