Read The Times Australia

Daily Bulletin

Ban on sleeping rough does nothing to fix the problems of homelessness

  • Written by: James Petty, Researcher in Criminology , University of Melbourne

Melbourne Lord Mayor Robert Doyle has announced a plan to ban sleeping rough in the city. Doyle did so last week amid significant pressure from both Victoria Police and the tabloid media.

When Victoria Police Chief Commissioner Graham Ashton called on the state government to extend police powers, Doyle at first seemed to reject the idea. But he later said he would propose a new bylaw to the city council.

Ashton claimed that the people living on Flinders Street are not really homeless, a suggestion echoed by Herald Sun columnist Rita Panahi. They say new laws and powers are needed to “clean up the city”. Critics from the homelessness and community sectors argue this would effectively criminalise being homeless.

However, what exactly does this mean? And how would this differ from current strategies for governing homelessness in Melbourne?

My doctoral research, which examined how homelessness in regulated in Melbourne, found homelessness is already effectively criminalised and has been for some time.

Is being homeless a crime?

First, being homeless is not a criminal offence anywhere in Australia. If such a law were passed it would breach multiple long-standing legal principles. It would also breach various domestic and international charters and covenants on citizenship as well as human and civil rights.

Despite this, people experiencing homelessness, especially those who are highly visible, socially disruptive or who have complex needs, are frequently subject to systems of regulation and control that drag them into the criminal justice system.

For example, begging is outlawed in Victoria by the Summary Offences Act and carries a maximum sentence of 12 months’ imprisonment. While an individual is unlikely to be jailed for begging, they will likely receive a fine.

Unsurprisingly, people who engage in begging find it very difficult to pay these fines. When a person accrues enough of them, a warrant can be issued for their arrest. Challenging these fines accounts for the bulk of the work of specialist homeless legal services in Melbourne.

Beyond begging being outlawed, many other laws directly or indirectly target people experiencing homelessness. These include laws banning squeegeeing at traffic lights, camping in public space, drinking in public, being drunk and/or disorderly, using offensive language in public, besetting footpaths or entrances and indecent exposure.

For people experiencing homelessness, performing actions and behaviours that are necessary for survival frequently places them in breach of these laws. For example, going to the toilet may result in a charge of indecent exposure. Going to sleep may result in a charge of camping in or besetting public space.

Do these kinds of laws work?

image Attempts by cities around the world to ‘move on’ the homeless are doomed to fail without adequate housing support. Oliver Weiken/EPA

In the past two decades many cities, states and countries have introduced new ways of regulating the homeless, particularly in the UK and US. The use of hostile architecture, for example, appears to be increasing.

Such strategies essentially bypass legal frameworks by embedding the “move-on power” into the architecture of public space itself. This leaves homeless people with fewer places to be. And it often renders them increasingly visible and thus more exposed to intervention by municipal officials or police.

Some US cities have passed laws banning all kinds of behaviours that the homeless may engage in and enforce these selectively. Some have even banned giving food to the homeless. This has led to police arresting and charging members of local churches and charity groups. In the most egregious examples, some cities round up anyone suspected of being homeless, pack them into buses and dump them in the hinterlands of another municipality.

Have these actions reduced rates of homelessness? No. Such laws may decrease the visibility of homelessness in some areas, but bans are ineffective when used against populations that have nowhere else to go.

What other options are there?

Where does or should responsibility for the homeless lie?

Justifying such laws are claims, like Ashton’s and Panahi’s, that these people have been offered accommodation and refused, revealing their homelessness as voluntary.

However, interpreting the choice to turn down temporary stop-gaps and band-aids in this way misses something crucial. If a person refuses temporary accommodation in order to demand more stable and supported accommodation, it is because they know such short-term solutions are not solutions at all.

Temporary housing simply results in people churning in and out of desperate situations. We must understand housing as being defined by its stability and relative permanence. Offering someone a month or two of accommodation is not the same as offering them housing.

Questions of who should take responsibility for the homeless inevitably arise from these situations. The most common answer to these questions are shouts of “Not me!” However, given the criminal justice systems — police, courts and corrections — are publicly funded institutions, choosing to criminalise these behaviours is choosing to take responsibility for those who perform them.

Importantly, research has shown that dealing with homelessness through punitive means is actually far more expensive than strategies that supply affordable housing and supported accommodation.

So whether we choose to help or punish, we are choosing to take responsibility for and invest resources in this persistent social problem. Why don’t we choose the option that is not only cheaper but kinder as well?

This article was co-published with Pursuit.

Authors: James Petty, Researcher in Criminology , University of Melbourne

Read more http://theconversation.com/ban-on-sleeping-rough-does-nothing-to-fix-the-problems-of-homelessness-71630

Business News

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

Portable Toilet Hygiene Standards Explained: Clean vs Sanitised vs Disinfected

In portable toilet servicing, the words clean, sanitised, and disinfected often get used as if they mean the same thing. They don’t. And that difference matters because a unit can look tidy and still ...

Daily Bulletin - avatar Daily Bulletin

Options Available When a Company Faces Financial Distress

Financial distress can develop gradually or arrive suddenly, and when it does, the decisions made in the early stages often determine what options remain available later. Directors who act promptly ...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...

Australia’s Best Walking Trails and the Shoes You Need to Tackle Them

Australia is not short on spectacular walks. You can follow ocean cliffs in Victoria, cross ancien...

Why Pre-Purchase Building Inspections Are Essential Before Buying a Home in Australia

source Have you ever walked through an open home and started picturing your furniture, family d...