Damon Mcknight
Begging is the act of asking others for something, usually money, with no expectation of providing goods or services in return. In Australia, begging in public spaces may constitute a criminal offence. Beggars are often seen in public places such as train stations, parks and shopping areas. While begging is not illegal in NSW, it is prohibited in Victoria, South Australia, the Northern Territory, Queensland and Tasmania. The maximum penalty for begging in a public place is 10 penalty units or 6 months imprisonment.
| Characteristics | Values |
|---|---|
| Begging defined as | The act of asking for financial or material aid from the public, with no expectation of providing goods or services in return. |
| Places begging occurs | Train stations, parks, shopping areas/centres |
| States where begging is illegal | Victoria, South Australia, the Northern Territory, Queensland and Tasmania |
| States where begging is not illegal | NSW, WA |
| Penalty for begging in Victoria | 12 months imprisonment |
| Maximum penalty for begging in a public place | 10 penalty units ($1334.50) or 6 months imprisonment |
| Maximum penalty for disobeying police orders in public places | 2 penalty units ($220) |
| Maximum penalty for "consorting" | 3 years imprisonment or a fine of 150 penalty units ($16,500) or both |
| Fine for begging in or around trains and train stations in Victoria | 5 penalty units ($826.10) |
| Fine for begging in the City of Melbourne | 2.5 penalty units ($413.05) |
| Year begging was decriminalised in NSW | 1979 |
| Year begging was decriminalised in WA | 2004 |
| Year Melbourne's homeless population increased by 74% | 2016 |
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What You'll Learn
Begging laws vary across Australian states and territories
Begging is defined as asking others for something, usually money, without providing anything in return. Begging laws vary across Australian states and territories, and while it is not illegal in some states, it is a criminal offence in others.
Begging is prohibited in Victoria under the Summary Offences Act 1966, and the maximum penalty is 12 months' imprisonment. The Victorian Housing Minister, Martin Foley, stated that the government had no plans to change the law, but there should be an emphasis on directing people to support services. The police in Melbourne have been known to seize beggars' coins and confiscate their cash as 'proceeds of crime'. Begging is also banned in or around trains and train stations under the Transport (Compliance and Miscellaneous) Regulations 2015, and under the City of Melbourne Activities Local Law 2019.
In Queensland, begging in a public place is considered an offence under the Summary Offences Act 2005. The maximum penalty is a fine of 10 penalty units ($1334.50) or six months' imprisonment. However, this does not apply to individuals authorised by a registered charity to solicit donations or to buskers with permits from local authorities.
Begging is also illegal in South Australia, the Northern Territory, and Tasmania. In Western Australia, begging has been legal since 2004, when anti-begging laws were repealed following a recommendation from the Law Reform Commission. However, councillors in Perth have been pushing to outlaw begging again, citing concerns about aggressive behaviour and links to drug cartels.
In New South Wales (NSW), begging is not illegal, but beggars can still be penalised by laws that govern behaviour in public places. The police have discretionary "move-on" powers, allowing them to order individuals to leave a public place if their behaviour or presence is deemed inappropriate. Similar to Queensland and WA, these laws do not apply to authorised charity workers or buskers with permits.
While vagrancy is no longer a crime in Australia, the related practice of begging remains a criminal offence in most jurisdictions, and the prosecution of begging has been criticised for burdening the justice system and targeting vulnerable groups.
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Begging is prohibited in Victoria
In Victoria, begging is also banned in specific areas, such as around trains and train stations, under the Transport (Compliance and Miscellaneous) (Conduct on Public Transport) Regulations 2015. This offence carries a fine of 5 penalty units, which amounts to $826.10. Additionally, begging is banned under the City of Melbourne Activities Local Law 2019, with a fine of 2.5 penalty units or $413.05.
While begging is prohibited in Victoria, there are varying opinions and approaches to dealing with this issue. Some welfare agencies and social commentators have called for the decriminalisation of begging, arguing that it criminalises poverty and homelessness. They suggest that providing housing and support would be more effective in addressing the underlying issues. Additionally, research has shown that aggressive behaviour among beggars is extremely rare, and existing laws can address such instances.
On the other hand, some councillors and police officials have expressed concerns about the impact of begging on public spaces and potential links to criminal activities. They argue for stricter enforcement or the reintroduction of anti-begging laws to deter aggressive behaviour and maintain public order.
It is important to note that the enforcement of begging laws can vary, and police have discretionary "move-on" powers to address begging and related issues in public areas. Additionally, certain defences may apply in cases of begging charges, such as when an individual is authorised by a registered charity to solicit donations or is permitted to busk in a public place.
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Begging is not illegal in NSW
Despite it being legal to beg in NSW, beggars can still be penalised by laws that govern behaviour in public places. Under the Law Enforcement (Powers and Responsibilities) Act 2002, police have discretionary "move on" powers, allowing them to order a person to leave a public place if their behaviour or presence is causing a nuisance or risk to public safety. The "move on" powers are more heavily enforced against Aborigines, youth, the mentally ill, and the homeless. The NSW Ombudsman found that the laws have been mainly applied to vulnerable groups, including homeless people.
The Crimes Act 1900 is another piece of legislation that can be used to penalise beggars. This Act makes "consorting" an offence, where a person who habitually mixes with convicted offenders can face a maximum penalty of 3 years' imprisonment or a fine of 150 penalty units ($16,500), or both. Again, this law has been found to disproportionately affect vulnerable groups.
While it is not a criminal offence to beg in NSW, the state has a history of vagrancy laws that criminalised homelessness and the associated behaviours. The Vagrancy Act stood until the enactment of the Summary Offences Act 1970 (NSW), and many of its offspring laws now sit within the Summary Offences Act 1988 (NSW). Although vagrancy is no longer a crime, the system has become more sophisticated in how it criminalises associated behaviours, such as begging in other states.
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Beggars are vulnerable to discrimination and public disapproval
Beggars in Australia are vulnerable to discrimination and public disapproval. Although begging is not illegal in some Australian states, such as NSW, beggars are among the most vulnerable groups in society, often suffering from homelessness, drug addiction, and mental illness. They are often subjected to negative stereotypes that portray them as troublesome, dangerous, or lazy, without acknowledging the underlying social issues that lead to begging.
Beggars in Australia face discrimination and public disapproval in various forms. One common form is the enforcement of "drunk and disorderly" rules, which give police the authority to move intoxicated individuals out of public areas. These laws are often disproportionately applied to vulnerable groups, including Aborigines, youth, the mentally ill, and the homeless. Over 40% of fines issued under these laws are given to individuals from these vulnerable groups, despite their small proportion of the population.
Additionally, begging laws themselves can contribute to discrimination and public disapproval. In states where begging is illegal, such as Victoria, beggars can face fines, confiscation of their money as "proceeds of crime," and even imprisonment. These punitive measures further marginalize an already vulnerable population and create a cycle of disadvantage. For example, the accumulation of fines can become a disincentive for beggars to seek stable accommodation or exit the justice system.
The criminalization of begging also leads to increased interactions with the justice system, which can result in a criminal record and further hinder an individual's ability to find employment and housing. This is especially true for homeless individuals who may also face discrimination in accessing education and employment due to their lack of a fixed address. Furthermore, the act of begging itself can be degrading and unpleasant due to the scowls and dirty looks from passersby, adding to the stigma and public disapproval faced by beggars.
While the decriminalization of begging is a complex issue, it is clear that the current situation leaves beggars vulnerable to discrimination and public disapproval. There are calls for the decriminalization of begging across Australia, with homelessness organizations arguing that it unnecessarily burdens the police and justice system without deterring people from begging. Instead, they advocate for a focus on service-based responses that address the underlying issues of homelessness and poverty.
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Welfare organisations call for the decriminalisation of begging
Begging is illegal in some Australian states, including Victoria, South Australia, Queensland, Tasmania and the Northern Territory. However, welfare organisations are advocating for the decriminalisation of begging in these states. They argue that the criminalisation of begging ties up police and the justice system and does not address the underlying issues of homelessness and poverty.
In Victoria, begging is prohibited under the Summary Offences Act 1966, which states that a "person must not beg or gather alms" and can result in a penalty of up to 12 months imprisonment. Despite this, there have been over 800 prosecutions for begging in the past five years, with some homeless individuals facing fines or even imprisonment.
Welfare organisations argue that begging should not be a criminal offence as it further marginalises and disadvantages those who are already vulnerable. They believe that the law should not be used punitively against beggars and that the issue should be addressed through service-based responses, such as providing housing and support services.
A study by Justice Connect Homeless Law found that almost 90% of people begging had a mental illness, more than 75% were homeless or jobless, and 37% had experienced childhood trauma. Organisations like Justice Connect argue that the small number of people who beg aggressively can be managed through existing laws, such as those prohibiting the use of threatening words in public places.
Additionally, there is concern that criminalising begging could result in homeless people acquiring a criminal record, further hindering their ability to find stable housing and employment. As such, welfare organisations continue to call for the decriminalisation of begging, arguing that it is a symptom of underlying social issues rather than a crime.
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Frequently asked questions
Begging is prohibited in some Australian states and territories, including Victoria, South Australia, the Northern Territory, Queensland and Tasmania. However, it is permitted in others, such as NSW and Western Australia.
Begging is defined as asking others for something, usually money, without providing anything in return.
The penalties for begging vary depending on the state or territory. In Victoria, begging is punishable by up to 12 months imprisonment and fines ranging from $413.05 to $826.10. In Queensland, the maximum penalty is 10 penalty units or 6 months imprisonment.
There are differing opinions on the criminalisation of begging. Some argue that it acts as a disincentive and helps address aggressive behaviour, while others believe it is counter-productive, tying up police and the justice system. Social commentators have also pointed out the aggressive and annoying behaviour of charity workers.
The prosecution of begging can impose a burden on the justice system and negatively impact vulnerable individuals, potentially pushing them towards more harmful activities. It may also lead to discrimination and unpleasant experiences for those who are homeless.
