Moved by Councillor Davis, seconded by
Councillor Kok –
It is resolved that:
(A) Council note:
(i)
the 21
November 2022 Council resolution, arising from a Lord Mayoral Minute, which
welcomed the formation of the bipartisan Justice Reform Initiative, and
expressed support for the Initiative’s campaign for evidenced-based criminal
justice reform, reduced incarceration; and a greater emphasis on addressing the
sources of disadvantage that lead to, and flow from, incarceration;
(ii)
on 3 April
2024, the Minns Labor Government’s Bail and Crimes Amendment Act 2024 became
law after passing the NSW Parliament with the support of the Liberal and
National Parties;
(iii)
this
Act:
(a)
creates
sweeping new changes to youth bail laws that will make it harder for children
aged over 14 years and under 18 years to get bail;
(a)
inserts
a new section 22C into the Bail Act 2013 (NSW) which will require a bail
authority be satisfied of an extra test for children aged 14 to 18 while on
bail for alleged motor theft or a serious break and enter offence; and
(b)
introduces
the new offence of “performance (‘post and boast’) crime” into the Crimes Act
1900 (NSW) which imposes an additional penalty of two years imprisonment on
persons who disseminate material, for example by social media, showing them
breaking and entering or committing a motor theft offense;
(iv)
the
Bill was strongly opposed by law and Aboriginal Community Controlled
Organisations including the Law Society of NSW, the Aboriginal Legal Service
NSW/ACT, NSW Aboriginal Lands Council, Deadly Connections Community Justice
Services, the Justice Reform Initiative and 560 legal practitioners, community
workers and academics working across the fields of law, criminology, social sciences and Indigenous studies; and
(v)
issues
raised by these groups and individuals include:
(a)
a grave
concern that an increasing number of children may be denied bail, enmeshing
them in the criminal justice system with the risk of increasing rates of
incarceration and exacerbating pathways to adult imprisonment;
(b)
overwhelming
evidence by youth detention management, children’s commissioners, outside
experts and young people that youth detention does not work; and
(c)
while
applying to all young people, the impact of the new laws will be
disproportionate and potentially disastrous for young people of colour,
Aboriginal and Torres Strait Islander children and young people in both
regional and inner city areas;
(B) Council welcome the
announcement of increased funding for community services to regional NSW,
noting that these services will be undermined by the implementation of the Bail
and Crimes Amendment Act;
(C)
Council
endorses the opposition to the Bail and Crimes Amendment Act noted above, and
joins with the Aboriginal Legal Service NSW/ACT and other organisations in
calling for its repeal;
(D)
Council
supports the implementation of the following three point
youth crime prevention plan put forward by a coalition of Aboriginal and legal
organisations:
(i)
resources
allocated for local communities to support after-school, evening and weekend
activities that engage at-risk young people;
(ii)
intensive
and targeted programs and responses for at-risk children with appropriate
referral services; and
(iii)
formal
community partnerships between police and Aboriginal controlled services; and
(E)
the
Lord Mayor be requested to write to the Premier, the Attorney-General and the
Minister for Aboriginal Affairs conveying the terms of this motion.
The motion
was carried on the following show of hands –
Ayes (8) The
Chair (the Lord Mayor), Councillors Chan, Davis, Ellsmore, Kok, Scott, Weldon
and Worling
Noes (2) Councillors
Gannon* and Jarrett*.
Carried.
*Note – Councillors
Gannon and Jarrett abstained from voting on this matter. Pursuant to the
provisions of clause 10.4 of the Code of Meeting Practice, Councillors Gannon
and Jarrett are taken to have voted against the motion.
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