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Heavier drinking penalties will increase Indigenous prison population: lawyer Heavier drinking penalties will increase Indigenous prison population: lawyer
(7 months later)
Heavier on-the-spot fines for drink-related offences in New South Wales will increase the already disproportionate number of Aboriginal people in jail, according to their legal service.Heavier on-the-spot fines for drink-related offences in New South Wales will increase the already disproportionate number of Aboriginal people in jail, according to their legal service.
Patrons in Kings Cross and CBD clubs will now face 1.30am lockouts and last drinks at 3am in the first round of legislation passed by the NSW parliament in its crackdown on alcohol-fuelled violence.Patrons in Kings Cross and CBD clubs will now face 1.30am lockouts and last drinks at 3am in the first round of legislation passed by the NSW parliament in its crackdown on alcohol-fuelled violence.
In the legislation introduced on Thursday there was also mandatory eight-year minimum jail sentencing for fatal one-punch assaults in which drugs or alcohol were involved and increases in on-the-spot fines from $200 to $1,100 for a variety of offences related to drinking.In the legislation introduced on Thursday there was also mandatory eight-year minimum jail sentencing for fatal one-punch assaults in which drugs or alcohol were involved and increases in on-the-spot fines from $200 to $1,100 for a variety of offences related to drinking.
The chief legal officer of the Aboriginal Legal Service for NSW, John McKenzie, said the increase in fines could send Aboriginal people in regional and remote areas into a vicious circle ending in them being jailed.The chief legal officer of the Aboriginal Legal Service for NSW, John McKenzie, said the increase in fines could send Aboriginal people in regional and remote areas into a vicious circle ending in them being jailed.
“Those fines in many cases, because of the poverty and unemployment of all too many Aboriginal people, will remain unpaid,” he said.“Those fines in many cases, because of the poverty and unemployment of all too many Aboriginal people, will remain unpaid,” he said.
“In NSW if you owe a debt to the state that means that after three months if it’s not paid then you will be stopped from obtaining a driver’s licence, or if you have one already in effect it will be cancelled and suspended and you won’t be able to register any motor vehicles either.”“In NSW if you owe a debt to the state that means that after three months if it’s not paid then you will be stopped from obtaining a driver’s licence, or if you have one already in effect it will be cancelled and suspended and you won’t be able to register any motor vehicles either.”
“What that means is people who have fines they are unable to pay, then you’re going to have these snowballing amounts of state debt that will means Aboriginal people are going to be ruled out of being lawful drivers.”“What that means is people who have fines they are unable to pay, then you’re going to have these snowballing amounts of state debt that will means Aboriginal people are going to be ruled out of being lawful drivers.”
McKenzie said this would make it difficult for people to go to medical centres, job interviews or Centrelink and they would end up driving unlicensed and sometimes in an unregistered car as well. That could end in jail, all from originally not moving on from a place when drunk, he said.McKenzie said this would make it difficult for people to go to medical centres, job interviews or Centrelink and they would end up driving unlicensed and sometimes in an unregistered car as well. That could end in jail, all from originally not moving on from a place when drunk, he said.
He also pointed out the higher proportion of Aboriginal people living in regional and remote areas compared with the city.He also pointed out the higher proportion of Aboriginal people living in regional and remote areas compared with the city.
“As we say in rural and regional Australia, if you don’t have a licence to drive, we equate that to not having a licence to live.“As we say in rural and regional Australia, if you don’t have a licence to drive, we equate that to not having a licence to live.
“These fine increases for simple language offences, offensive behaviour – it could be urinating in public for instance, or gesticulating rudely to a person you’re having an argument with, or being drunk and not moving on – these are the things that are going to be far more heavily financially penalised and because of the situation with Aboriginal poverty, that will impact in the way I’ve outlined,” he said. “These fine increases for simple language offences, offensive behaviour – it could be urinating in public for instance, or gesticulating rudely to a person you’re having an argument with, or being drunk and not moving on – these are the things that are going to be far more heavily financially penalised and because of the situation with Aboriginal poverty, that will impact in the way I’ve outlined,” he said.
McKenzie said he would prefer the on-the-spot fines to stay at their current level.McKenzie said he would prefer the on-the-spot fines to stay at their current level.
However, the premier, Barry O’Farrell, told parliament: "[This] will make our streets safer by introducing new measures to tackle drug and alcohol related violence. The NSW government has heard the community's call for action."However, the premier, Barry O’Farrell, told parliament: "[This] will make our streets safer by introducing new measures to tackle drug and alcohol related violence. The NSW government has heard the community's call for action."
The Australian Hotels Association (AHA) has also spoken out against some aspects of the legislation, with the NSW director of policing, John Green, saying there were concerns for staff safety.The Australian Hotels Association (AHA) has also spoken out against some aspects of the legislation, with the NSW director of policing, John Green, saying there were concerns for staff safety.
"We all agree on one thing – no one wants to see violence on our streets, we all want safer streets, better venues and smarter drinkers," he said in a statement."We all agree on one thing – no one wants to see violence on our streets, we all want safer streets, better venues and smarter drinkers," he said in a statement.
"Our concern is that good businesses with no links to violence will be unfairly captured by some of these measures."Our concern is that good businesses with no links to violence will be unfairly captured by some of these measures.
"Hotel staff are on the front line and there is a real concern that at 1.31am they will bear the brunt of frustration when people can't get in to venues.""Hotel staff are on the front line and there is a real concern that at 1.31am they will bear the brunt of frustration when people can't get in to venues."
The AHA said the NSW government's proposed education campaign needed to include clear information about the lockout, so staff doing their job were not targeted.The AHA said the NSW government's proposed education campaign needed to include clear information about the lockout, so staff doing their job were not targeted.
"We remain sceptical about the success in a city such as Sydney,” the statement said."We remain sceptical about the success in a city such as Sydney,” the statement said.
A second bill which will include a raft of mandatory sentencing measures is expected to be brought before parliament next month.A second bill which will include a raft of mandatory sentencing measures is expected to be brought before parliament next month.