By Glenn Elliott-Rudder WYONG, NSW -- In the state election campaign in March, both major parties attempted to outdo each other on law and order. Each claimed to be tougher on crime than the other. Within this political climate, the 1994 Children (Parental Responsibility) Act was passed with little or no community consultation. The act reflects a belief that young people pose a threat to society and that they are responsible for a "crime wave". The act is divided into two main parts -- "Welfare of Children in Public Places" and "Parental Responsibility". Under the former, it empowers the police to "remove unsupervised young people under the age of 15 from a public place if ... [they] believe that to do so would reduce the likelihood of a crime being committed or if the person is being exposed to some risk". The young person is then taken to their parent's or parents' home or to a prescribed place of refuge if the parents are not at home. Young people may be held for 24 hours and the act states that "police may use responsible force to achieve this end". Under the section dealing with "Parental Responsibility", when a young person is found guilty of an offence, the parents may be required to give security for the good behaviour of their child for a period of time determined by the court. The parent/s may be required to guarantee the young person's compliance with any court undertakings. Parents may be convicted of an offence and fined if it is shown that their failure to exercise proper care has contributed to the child committing an offence. The act is currently being trialed by the Gosford and Orange police patrols. It will be reviewed by the NSW attorney general in March. The act has been criticised by the Police Association, Youth Action and Policy Association, church organisations and the Australian Council of Social Services. Top of the list of criticisms is that the act is unnecessary. Police already have the powers to remove young people who they believe are "at risk" or who are suspected of committing an offence under the 1987 Child (Care and Protection) Act, and under the 1988 Summary Offences Act. The latest act may increase the number of young people coming into contact with the juvenile justice system. The act is open to abuse by police and may be used to harass young people. The act contravenes the right of young people to congregate in public places like other community groups. The act does not recognise that young people socialise in groups and does nothing to address the lack of venues and entertainment facilities for young people. Neither does it address the needs of those young people most likely to congregate on the streets -- the homeless, poor, unemployed, disabled and Aboriginal and Torres Strait Islanders. Returning a young person to a home which may not be safe or to a prescribed place for 24 hours does not address the issues of homelessness, poverty, unemployment or child abuse. There are also questions relating to how parents can guarantee their child's good behaviour. Will the courts compel parents to give up their employment in order to ensure their child's good behaviour? The act will increase the number of people involved in the criminal justice system and lead to further delays and costs. According to the Penrith Youth Workers' Interagency, the act, in effect, "makes failing as a parent a crime that should be punished rather than an occasion for providing support". The act is less than a bandaid solution to juvenile crime. Action needs to be taken to have this act repealed. Send letters of concern to local MPs, the opposition, the NSW premier and attorney general.
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