The decriminalisation of begging in Victoria is "long awaited and much needed", legal advocates say.
This week, an amendment by Legalise Cannabis MP Rachel Payne repealing the offence of begging and gathering alms under section 49A of the Summary Offences Act passed the Legislative Council.
Long criticised by human rights groups as criminalising some of the most vulnerable people in the community, the reform was a key recommendation of the 1991 Royal Commission into Aboriginal Deaths in Custody. It will bring Victoria into line with New South Wales, Tasmania, Western Australia and the ACT.
The reform was welcomed by the Victorian Aboriginal Legal Service (VALS), with CEO Nerita Waight describing the offence as an "outdated remnant of colonial laws".
"This offence has been criticised for being unfair, unclear and potentially unconstitutional," Ms Waight said.
"A state which punishes and criminalises those most vulnerable is not progressive; it is punitive and cruel."
Federation of Community Legal Centres director of policy and advocacy Rachael Pliner said criminal law was currently being used in Victoria to punish people for being poor.
"Family violence is the single biggest driver of homelessness for women and children in Victoria," she said.
"When women and children end up on the street and rely on asking for help to survive, the last thing they need is to be treated like criminals.
"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."
Animal Justice Party MP Georgie Purcell said in comments reported by the Herald Sun: "Putting financial pressures and excessive fines onto a person who is already experiencing significant hardship often results in the very opposite of what is desired to be achieved."
However, Opposition Attorney-General James Newbury said legalising begging only encourages "anti-social behaviour".
"Labor keeps giving the green light to crime and it is wrecking our state and keeping it unsafe," he told News24.
Ms Waight said the decriminalisation of public drunkenness in 2023 provided a "clear blueprint" for the government to successfully decriminalise begging.
"VALS has borne witness to the incredible impacts in community when Aboriginal-led responses to health and welfare issues are supported by government, like the hugely successful Aboriginal-led public intoxication response which is now being expanded," she said.
The legislation came alongside a $24.8 million state government investment to strengthen Victoria's response to rough sleeping.
Homelessness Minister Nick Staikos said the investment, which includes complex care coordinators working across the state, coordinated by-name lists and an online triage system, spans the full continuum of homelessness support.
"From outreach and crisis accommodation to supportive housing and social homes," he said. "This plan finds new ways to maximise our investment and tackle this confronting, increasingly visible issue."
VALS said it strongly encouraged the government to ensure the funding was "appropriately and adequately allocated to Aboriginal organisations who are already delivering fantastic outcomes to Aboriginal Victorians experiencing or at risk of homelessness".
