Aboriginal Legal Service of Western Australia Limited

Prohibited Behaviour Orders Bill (WA) 2010

ALSWA provided this submission to members of the Western Australian Parliament to contribute to the debate against the Prohibited Behaviour Orders Bill (WA) 2010. In the submission, ALSWA strongly opposed the introduction of the Bill and submitted that existing penalties and offences in the Western Australian criminal justice system already appropriately punished offenders. It was argued that the Bill in its existing form was too broad and did not provide enough protections to ensure that Prohibited Behaviour Orders (PBOs) would be made in appropriate circumstances. ALSWA noted that the Bill was likely to increase incarceration rates for relatively minor offences.

ALSWA argued that the Bill was likely to disproportionately disadvantage vulnerable groups such as Aboriginal and Torres Strait Islander peoples, young peoples, the homeless and people with mental health concerns; and was likely to increase the interaction of these peoples with the justice system, without increased correlation in rates of offending. It was also argued that if enacted, the Bill had scope to breach civil liberties, including the right of association, without appropriate justification.

ALSWA stated grave concerns about the proposed publication of people’s names, photographs and general locations which can then be republished by anyone. By allowing publication to automatically extend to children, ALSWA submitted that the Bill contravenes the International Convention on the Rights of the Child.

ALSWA called for the Bill to be immediately withdrawn from Parliament.

Prohibited Behaviour Orders – 120810 – WA.pdf    (229.88 Kb)

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