This week in state parliament the Labor Opposition joined with the Greens and the Shooter's Party to strike down Barry O'Farrells anti-graffiti legislation. The proposal would have seen all offenders put before a court - and would have given magistrates the power to prevent those convicted from obtaining a drivers license.
It is so tempting to politicians to use the issue of a driving license as a legal punishment, but the ramifications of such action not only have implications for the young person involved - they also are boomerangs that come back and hit other members of the public behind the ear !
Huge numbers of young people already are barred from obtaining a driving license because the state debt recovery office has them on a banned list because they owe money for offences such as riding a bicycle without a safety helmet. Not only can they not obtain a drivers license, but this ban extends to obtaining a legal " proof of age " card, hence they are also excluded from most entertainment venues which exclude all those under eighteen.
There is an obvious outcome to such a ban. They drive cars without a license - and when caught they get a fine - and further extension of the driving ban, and they resort to forging and other criminal activity to enter licensed premises with their mates.
The people who offend with graffiti are usually young - and the young do not think of the consequences. They think they are " bullet proof " and reality only sinks home when lack of a driving license prevents them getting a job, having a social life and being a normal member of society. Young people are naturally rebellious - and the outcome of this rebellion is usually more license ban extensions.
There are consequences for the general public. Those without a legal license fall outside the protection of the insurance cover that applies to driving. Not only can it be impossible to recover the cost of car damage from a young person with no assets, but those crippled for life may also miss out on compensation to recover from their injuries.
It is tempting to use the withholding of a drivers license as a weapon to force payment of fines and to punish those who offend and go before our courts, but there are unintended consequences - and the outcome of those courts is supposed to be rehabilitation.
A sixteen year old with a spray can is not likely to be thinking about the time he will be able to drive when he is tagging a wall. That will come home to him years later, when he is of age to drive and finds that his stupidity will delay that option for more years to come.
This legislation has been struck down for purely political posturing - and it will go back before parliament in the days ahead - but hopefully it may receive more careful consideration - and an evaluation of the real consequences of using one of life's necessities as a form of punishment.
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