WA entertainment precinct laws will target Aboriginal people, legal experts warn

NIT Published November 15, 2022 at 1.42pm (AWST)

Tough laws designed to bar dangerous people from entering some of the most popular entertainment precincts in Boorloo/Perth will unfairly target Indigenous people, legal experts have warned.

The proposed Protected Entertainment Precinct laws would apply to five Perth entertainment precincts - Northbridge-Perth, Mandurah, Hillarys, Scarborough and Fremantle - and would prohibit people convicted of committing certain crimes in one of the precincts from entering every zone for five years.

The offences include wounding, murder and drink spiking.

Along with the mandatory five-year bans, the proposed law will authorise police to impose exclusion orders of up to six months for people behaving in an offensive, anti-social or violent manner.

WA Racing and Gaming Minister Tony Buti said the legislation, tabled in state parliament on 26 October, would keep West Australians safe.

"For too long we have witnessed incidents and heard stories about antisocial behaviour or violence in entertainment precincts," he said.

"This proposed policy is to protect all individuals - whatever their background - from antisocial or violent people.

"When we make entertainment precincts safer, we're supporting business, supporting families and supporting a culture of fun without fear."

Exclusion orders could be issued if someone is acting in a variety of anti-social or offensive manners, with orders to be issued by WA Police.

Breaching the orders comes with penalties of up to two years in prison and a $12,000 fine.

Aboriginal Legal Service of WA legal services director Peter Collins said police issuing exclusion orders without judicial oversight "will inevitably lead to abuses of police powers against vulnerable Aboriginal people".

"No attempt was made to consult with ALSWA in relation to the impact of the laws on Aboriginal people," he said.

Mr Collins said the new laws fly in the face of WA's commitment to Closing The Gap in terms of the reducing the high rate of Indigenous incarceration in the state.

The ALSWA said many Indigenous people would not have the means to appeal exclusion orders.

Noongar law academic and human rights expert Hannah McGlade said punishing offenders after serving their time was unjust.

"Any law that retrospectively punishes someone after they have finished their custodial sentence goes against the ethos of rehabilitative justice," Dr McGlade said.

"Money should be spent on Indigenous welfare and social justice groups to help Noongar people. Laws like these are so disappointing."

The Law Society of Western Australia also argued the law was unnecessary and could lead to further incarceration of First Nations people.

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National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.