Bipartisan support for new law to honour policewoman killed in Eastern Freeway tragedy

Both Daniel Andrews and Matthew Guy have thrown their support behind a new law to honour the policewoman killed in the Eastern Freeway tragedy.

A new law will be introduced to parliament clamping down on grossly offensive conduct following public outrage over Richard Pusey being sentenced to only three months jail for filming the police officers killed in the Eastern Freeway tragedy.

A new Bill, to be introduced to parliament on Wednesday, will put a new offence of “engaging in conduct that is grossly offensive to community standards of behaviour” on the books.

The law had been proposed by Leading Senior Constable Lynette Taylor’s widower, Stuart Schulze and backed by the Herald Sun.

Had the new offence been on the books in 2020, Pusey could have been jailed for years, rather than months.

If passed, the new offence will replace the old — and barely used — common law offence of outraging public decency, which prosecutors charged Pusey with, prompting a complicated legal battle before he could be convicted.

Leading Senior Constable Lynette Taylor before her tragic death.

Stuart Schulze, whose wife Lynette was among four police killed in the Eastern Freeway tragedy. Picture: Alex Coppel.

The Victorian Opposition has backed Lynette’s Law, saying they “can’t imagine a circumstance” in which they wouldn’t support the legislation.

In a rare show of bipartisanship, opposition leader Matthew Guy on Wednesday morning praised Attorney General Jaclyn Symes for implementing the new laws.

“It is a good idea,” Mr Guy said.

“I can’t imagine a circumstance in which the opposition wouldn’t support Lynette’s law.

“Stuart Schultz’s proposition to government and their accepting of it is good news. Its very good news. It’s well done to the work they have put in to do this.”

Opposition Leader Matthew Guy has backed Lynette’s Law. Picture: Andrew Henshaw

Premier Daniel Andrews said the Victoria Police tragedy was about listening to the stories of victims.

“It’s not about pride,” he said.

“It’s about listening to victims and responding to them.

“What that tragedy exposed was that we had a Common Law offence but we didn’t have the right law in place.”

Mr Andrews said he was confident the offence wouldn’t be over used.

“I don’t think it’ll be used very often because it’s a very high standard, but it’s about putting those matters beyond doubt so that people, who behave in that thoroughly objectionable and evil way, can be appropriately dealt with.”

Ms Symes said the laws had not been designed to target “low-level offensive behaviour” like swearing or public drunkenness.

“This is targeting extreme levels of behaviour that is unacceptable in society,” she said.

“I don’t think anyone expected anyone to behave the way Mr Pusey did … This was a niche, horrible offence that identified a gap.”

Premier Daniel Andrews says the law is about “listening to victims”. Picture: Andrew Henshaw

Pusey’s ten month jail sentence, including three month’s for outraging public decency, shocked the families of Leading Senior Constable Lynette Taylor, Senior Constable Kevin King, Constable Joshua Prestney and Constable Glen Humphris, but was not appealed.

It led to Mr Schulze approaching Attorney-General Jaclyn Symes with a proposal for the new offence, which carries a five-year maximum jail penalty.

Ms Symes said the new laws would make it clear what Victorians expected from the justice system.

“Public Spaces are for everyone — it’s important that Victorians can feel safe to use them and enjoy them without intimidation nor distress,” she said.

Mr Schulze told the Herald Sun the proposed new laws would be a fitting legacy to his late wife.

“These events happened and you can’t change it. You can’t change what the Porsche driver did,” he said.

“You can’t stop people doing stupid things, that’s just not possible, but you can hold them to account for what they do.”

Richard Pusey sparked national outrage when distributed video of Ms Taylors’ final moments.

The aftermath of the tragic crash. Picture: Mark Stewart

Mr Schulze said the five year maximum penalty under the proposed new offence would make it clear to judges that society expected offenders to spend longer behind bars than Pusey did.

“My beef was with the court. I believe that the appropriate charge was laid and my beef is with the court not doing something about it,” he said.

Mr Schulze praised Ms Symes for giving him a “positive reception” when he first met with her last year, and for keeping him “in the loop” as bureaucrats worked on the proposed new laws.

He said the new offence was “exactly what I was looking for when I first went to (Ms Symes) with the proposal” and urged the opposition and crossbenchers to thrown their weight behind the reform.

The families of the other three police killed in the Eastern Freeway tragedy have been told of the government would introduce the Bill in recent days.

Ms Symes said the new offence would rarely be used, and would require the Director of Public Prosecution’s rubber stamp before someone is charged.

It will outlaw public acts that are “grossly offensive and cause significant harm and distress”, and will target acts far more vile than conduct which is merely indecent or obscene.