The NSW government passed legislation amending the Law Enforcement Act during a special sitting. This is the Hansard for the Assembly special sitting. This is the legislative amendment. It looks like populist legislation to ward off criticism of the NSW Government, both Labor and Liberal backed it, fearing that they would lose their tough on crime credentials. The Hansard doesn't claim why existing laws are not sufficient.
From the Hansard, Morris Iemma speaks;
These powers are not intended to be used in respect of peaceful protests, union demonstrations and the like. One of the most central parts of this bill is the lockdown powers. These will enable police to declare an area on the basis that large-scale public disorder is occurring or threatens to occur and then employ roadblocks and stop and search powers in or around that area. The disorder need not be constituted by one big incident, but can be constituted by several smaller incidents in different locations. This gives police freedom to nip a developing situation in the bud.Like the anti-terror legislation, this is giving pre-emptive powers. There were police in Cronulla on Sunday. They had legal powers to arrest anyone who was under a range of infringements, drunk and disorderly, violence, etc etc. This new legislation is unnecessary. While it has oversight powers with the Ombudsman, it creates the ability for the executive to use the police force to lockdown legitimate protests on the premise of large scale "public disorders". This is described as;
public disorder means a riot or other civil disturbance that gives rise to a serious risk to public safety, whether at a single location or resulting from a series of incidents in the same or different locations.These can be done at the discretion of the Commissioner of Police, his Deputy or the Assistant Commissioner for a maximum of 48 hours. Any lockdown that is longer than that, can only be done through the approval of the judicial. A lockdown of any kind will only serve it inflame passions and indignation, more likely involving others who see this as an infringement of public rights. Violence is already covered in law enforcement, there is no need for the police to have this capability. Search and Seizure In addition the expectation to be free of unreasonable search and seizure is turned on its head.
These tough new sentences send a clear message to would-be thugs and hooligans: If you tear up the fabric of our society, you will pay the price - a price that as of today just got a whole lot heavier.Violence is violence and is already covered. This is escalation of the penalty is another Helmet vs Sanderz, same as the $700 for a speeding offence. The NSW Labor Government has successfully proved it is tougher than tougher than tough on crime by taking things to ludicrous speed. This will not stop mobs gathering and committing violence. Only a quick, and speedy police presence will do that. This solves none of the problems. From the legislation;
The special powers include a power to cordon off a targeted area (so as to prevent persons entering or leaving the area) or to set up a roadblock on targeted roads (so as to prevent persons travelling by vehicle to participate in a public disorder). In a targeted area or at a roadblock, police officers may exercise powers to stop and search persons and vehicles, require persons to disclose their identity and to seize and detain vehicles, mobile phones and other communication devices for up to 7 days.The NSW Government and Police own you. Helmet says; Ludicrous speed;
The final measure I want to address is changes to the Bail Act 1978. Twenty three rioters charged over Sunday's riots have been granted bail, one of whom had been granted bail days earlier for assault and destroying property. It is unacceptable that such thugs and morons are automatically granted bail, just to be given the chance to wreak further havoc. This bill will help shut that revolving door by creating a presumption against bail for riot and for any other offence that is punishable by imprisonment for two years or more, where that offence is committed in the course of the person participating in a large-scale public disorder, or in connection with the exercise of police powers to prevent or control such a disorder or the threat of such a disorder. That way the police can do their jobs knowing that they will be backed up.This is populist legislation that will get stuck on the books for far longer than it is relevant. The populism it does nothing;
That is an important point- backing the police. The police can be assured that they have our full support to use these new laws to rid our streets of the violence, the thugs, the hooligans and the criminals who have been responsible for the actions we have seen. Front-line police should not need to look over their shoulder wondering if sound policing decisions will be second-guessed. They will not be. Police will be free to use these powers as intended by this Parliament. Good, firm, effective policing will be rewarded, not questioned.More like appearing to do something. This is more over the top legislation by populist politicians, fearful of saying the truth, we have laws to cover these problems already. So what does the Liberal party in opposition think, over to Peter Debnam;
The Opposition supports rushing the bill through the House, but there are some difficulties about it. Opposition members do not oppose the passage of the bill but we wish to highlight a number of concerns with it. The bill simply is not strong enough in almost all its provisions.The NSW legislative process is reduced to posturing over who can be tougher on crime, forget liberty; forget rights; such as due process, such as facing your accuser, such as protection from unreasonable search and seizures; forget property rights. Nope it is a classic Helmet vs Sanderz. Our parliament is conducting itself in the same manner as a scene from a Mel Brooks movie.
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