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Victoria has decriminalised begging after decades of campaigning and nearly 50 years after New South Wales scrapped the offence.
Legalise Cannabis MP Rachel Payne moved an amendment to end the criminalisation of begging in Victoria, which received the support of the Labor government, along with the Greens, Animal Justice Party and Libertarians.
Begging or gathering alms is currently a criminal offence in Victoria, punishable by a fine or up to 12 months in prison.
Advocates across legal, human rights, lived experience, homelessness and First Nations organisations have for decades been calling for begging to be decriminalised.
The reform will bring Victoria into line with New South Wales, Western Australia, Tasmania, Queensland and the ACT, which have all decriminalised begging.
It is still an offence in South Australia and the Northern Territory.
Labor MP Jaclyn Symes signalled on Thursday that the state government will support the amendment.
“A criminal response to begging disproportionately punishes the most vulnerable people in our community,” Symes said.
“It is inconsistent with the government’s commitment to early prevention, health-based reform and harm reduction.”
Justice Connect, an organisation that has advocated for the repeal of the law for more than 25 years, welcomed the move and said it marked a “significant shift away from the criminalisation of poverty and homelessness” in the state.
“No one should face criminal penalties because they are experiencing poverty or have nowhere else to turn,” Justice Connect Head of Community Programs Paula Hughes said.
“We welcome the government’s recognition that support services, housing and outreach are the right response to hardship, not policing and prosecution.”
Victorian Aboriginal Legal Service CEO Nerita Waight said the reform was “overdue”.
“This offence is an outdated remnant of colonial laws,” Waight said.
“[It] has been criticised for being unfair, unclear and potentially unconstitutional. A state which punishes and criminalises those most vulnerable is not progressive; it is punitive and cruel.”
It also has the backing of the Federation of Community Legal Centres (FCLC).
“Every day in Victoria, criminal law is used to punish people simply for being poor,” FCLC Director of Policy and Advocacy Rachael Pliner said.
“We strongly support the decriminalisation of begging as a positive move which will help people escaping family violence avoid the spiral into fines and a criminal record and begin to rebuild their lives.”
A recent coronial inquest also recommended the decriminalisation of begging.
“[It] further marginalises people who are already significantly isolated from mainstream society,” the Coroner said.
“Criminalisation may also increase a person’s mistrust or fear of police and services and therefore limit a person’s willingness to engage with community or support services, further impeding their access to safety.”
“It is critical to divert resources away from further criminalising people who beg and seek alms and invest in opportunities to provide support and safety.”
