Page 2751 - Week 10 - Wednesday, 14 August 1991
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There is a provision which covers behaviour in an offensive, indecent or insulting manner. I will leave out "riotous", because there are obvious problems about "riotous". So, for the sort of activity that people are concerned about - drunken youths, youths using obscene language, insulting people, acting as though they are likely to commit an offence - there is a provision there which covers it. A police officer can say to these young blokes, "Listen, fellows, if you do not cut it out I will charge you with offensive behaviour". The young person knows what his conduct is that is possibly criminal and has the option of copping a charge or not.
The problem with the move-on power is that it is perceived by young people as the police officer having authority and moving them on for no reason. We think that is an unsatisfactory and counterproductive measure. It cannot be demonstrated that the streets of Canberra are particularly safer now than they were. There are fewer charges for offensive behaviour - it is true - because the move-on powers are being used instead. We think it would be better to be in a position where substantive offences are used and police have that general power of warning.
It was said by Mr Stefaniak that a survey was conducted which showed that 86 per cent of Canberrans favoured the use of move-on powers. I want to make some brief remarks about the survey. The essential problem with the survey is that it was conducted by a lobby group specifically formed for the purpose of preserving the move-on powers - not necessarily impartial, although I respect their views. The problem with the survey is that the question "Do you think Canberra police should be able to keep the move-on powers?" was question 7. Before that question there were six other questions: "Have you ever been the victim of crime? Would you catch a bus alone at night? Would you feel safe walking through major centres alone at night? Do you feel safe alone in a carpark after dark? Do you think the level of crime has increased in Canberra in the last five years? Do you think Canberra police have sufficient powers to combat crime?".
Anyone who has ever looked at opinion surveys knows that, if you create a climate of opinion through a series of questions, you will get a specific answer. Those six questions highlighted concerns about safely walking through the streets at night; they said that the level of crime was increasing. They asked, "Do you think police have sufficient powers?" and "Do you think the Canberra police should keep the move-on powers?" without them being explained, and 86 per cent said yes. One could equally say, "Do you favour arbitrary powers in the police?", and almost everyone would say no. If you asked, "Do you think the Canberra police should be able to keep the move-on powers?", I suspect that you would get a very different result.
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