Prohibited Behaviour Orders

Serious anti-social offenders would face orders banning them from doing things, being places or associating with people related to their crimes under a bill tabled in State Parliament today.

Attorney General Christian Porter said State Cabinet had approved the introduction of the Prohibited Behaviour Orders Bill 2009 which would give courts the power to make civil orders when dealing with repeat, anti-social offenders more than 14 years old.

"What this legislation says is that if you engage in serious and repeat anti-social behaviour the freedoms you might otherwise enjoy are less important than the rights of the community," Mr Porter said.

"The orders would be in addition to any criminal penalty and would ordinarily ban forms of behaviour that assisted in, or contributed to, the offence for between six months and two years."

The breach of a Prohibited Behaviour Order (PBO) would be a criminal offence with a maximum penalty of two years jail or $6,000 in the Magistrates Court or Children's Court, and up to five years jail or a fine of $10,000 in the District or Supreme Court.

"Anti-social behaviour encompasses criminal acts which cause alarm, intimidation or harassment to the community," the Attorney General said.

"It includes such offences as alcohol-fuelled violence, graffiti, inappropriate behaviour on public transport, rock attacks, hoon behaviour and arson.

"This legislation recognises the distress and frustration the community feels when they are subject to such behaviour.

"During the past 10 years we have seen a 48.4 per cent increase in reported assaults.

"We have also seen a 53.1 per cent rise in reported rates of graffiti between 2003 and 2008; and between January and November this year there have already been 1,170 incidents where objects were thrown at a bus or security vehicle."

When issuing a PBO, the court would also have the discretion to publicise the offender's details, including any or all of:

·         the name of the offender

·         a photograph or description of the offender

·         the suburb where the offender lives

·         the terms of the PBO.

Publication would apply to both adult and juvenile offenders more than 14 years of age and initially occur on a Government website.

Mr Porter said the legislation had been tabled as a bill for public comment to allow the Opposition time to consider their position during the summer break prior to the bill's formal introduction.

"The State Government's law and order focus this year has been to address offences which impact heavily on our everyday lives," he said.

"We have passed legislation to target graffiti, rock throwing and arson offences.

"We have also passed laws targeting the possession of weapons, put more police on our roads, cracked down on hoons and introduced mandatory sentencing for assaults on police officers.

"The time has come for the Opposition to decide where it stands.

"They have previously indicated they won't support this legislation but we are calling on them to listen to the public and support our measures to deal with anti-social behaviour in our community."