Legal and community groups urge Tas MPs to repeal crime of begging

It has been almost five years to the day since the Tasmanian government announced it would repeal the crime of begging. As the issue returns to parliament, MPs are being implored to act.

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A coalition of legal and community groups has written to all Tasmanian members of the lower house urging them to repeal the offence of begging because they say it “criminalises poverty”.

The letter, signed by eight groups, was sent to MPs on Friday ahead of next weeks’ debate in parliament on a Greens’ motion to have begging removed from the Police Offences Act.

They said it was “almost five years to the day” since the government announced it would repeal the offence of begging and while a bill was passed it lapsed when parliament was prorogued ahead of the 2021 State Election.

“Criminalising begging is criminalising poverty,” the letter said.

“By abolishing the criminalisation of begging, we pave the way for a more compassionate societal approach, safeguarding the rights of individuals to seek assistance without fear of legal repercussion.”

Ben Bartl principal solicitor Tenants Union of Tasmania. Picture: Nikki Davis-Jones

The penalty for begging is a fine up to $975 or imprisonment for up to six months.

The letter said Community Legal Centres Tasmania research this year after interviewing 18 people who begged in Hobart and Launceston found that 73 per cent of people were homeless, 55 per cent had spent time in prison and 44 per cent identified as Aboriginal.

A significant proportion had schizophrenia, an intellectual disability or other mental health issues such as depression.

Despite begging regularly none of those interviewed had been charged or asked to move on by shopkeepers, the letter said.

“Whilst academic research has found that the incidence of aggressive begging is rare, it should be emphasised that the Police Offences Act 1935 (Tas) already allows Tasmania Police to move people on,” the letter said.

“In summary, with the majority of Australian jurisdictions having already passed laws that begging should not be an offence or having recommended decriminalisation there is a clear national trend towards embracing policies that confront socio-economic challenges with evidence-based solutions and compassion.”

Community Legal Centres Tasmania policy officer Ben Bartl said repealing begging as a crime would send a message that “poverty cannot be addressed through the courts and that no-one who asks for help need fear legal repercussions”.

“Rather than criminalising people asking for assistance we need to be ensuring that everyone has housing and access to treatment programs,” he said.

“We also need to raise welfare payments so that people can live rather than just survive.”

The letter was signed by Anglicare Tasmania, St Vincent de Paul Society, Shelter Tasmania, Australian Lawyers Alliance. Community Legal Centres Tasmania, Tasmanian Aboriginal Centre, TasCOSS and Prisoner Legal Service.

Originally published as Legal and community groups urge Tas MPs to repeal crime of begging