Former Deputy Prime Minister and Civil Libertarians Join Forces in Opposition to Proposed Knife Crime Legislation
Rumoured calls by NSW Police to have parents held responsible for offences committed by their children is being criticized by NSW Civil Liberties as a simplistic solution.
Both Nationals MP Barnaby Joyce and the New South Wales (NSW) Council for Civil Liberties are concerned about the proposal from NSW Police, supported by their union, to penalize parents of children caught carrying weapons, such as knives.
During a riot that followed a stabbing incident at the Assyrian Christ the Good Shepherd Church in Wakeley, six paramedics had to seek refuge in the church for three and a half hours.
NSW Health Minister Ryan Park described the situation as alarming, stating, “That’s not the sort of scenes we want to see in NSW and it’s not the way in which our paramedics [and] frontline emergency workers should be treated.”
It was discovered that the alleged 16-year-old offender had been previously caught with a flick knife at a train station in November 2023 and received a good behavior bond. Additionally, the boy had a history of being found with a knife at school in 2020.
NSW Health Services Union leader Gerard Hayes, along with the police, urged Premier Chris Minns to implement laws like those in Queensland, which allow police to use metal detectors for searches without a warrant.
Under new legislation from last year, the maximum penalty for possessing a knife in public or school doubled to four years in prison, a $4,400 fine, or both.
Police Believe It Should Be a Serious Offense
In a submission to the ongoing NSW Sentencing Council review, police recommended making it an indictable offense for parents to allow their child to possess a blade. Indictable offenses are more serious crimes that can result in higher sentences and potentially prison terms.
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Police also called for a distinct category of offenses for individuals caught with knives on public transport, citing the high risk due to the concentration of people in these areas and the potential vulnerability of passengers.
Asked about the government’s response at a press briefing, Mr. Park stated that the issue would be part of the coronial inquest.
“We will be examining all aspects of this issue,” he said.
“[We] want to approach this methodically to ensure the coroner has the necessary resources for investigation into various aspects related to this incident.
“However, we must remember that people sometimes exhibit highly unpredictable behavior.”
‘Risk to Children’: Civil Liberties
Nevertheless, the NSW Council for Civil Liberties pointed out data from the NSW Bureau of Crime Statistics and Research indicating a steady decline in knife crime in recent years. The organization urged the state government to avoid succumbing to popular demands for legislation changes that may not enhance community safety.
Council President Lydia Shelly emphasized that blaming parents for their child’s offense oversimplifies the complex circumstances surrounding children in contact with the criminal justice system.
“The proposed approach by NSW police poses significant dangers to children. Parents facing criminal charges and potential convictions could jeopardize their employment, housing stability, and custody of their children,” she noted.
Shelly urged the government to prioritize strengthening families and adopting a comprehensive approach to prevent children from engaging in criminal activities.
“Parents of children accused of criminal offenses should not be vilified by the media, NSW police, or the NSW government,” she asserted.
This perspective was supported by former Nationals Leader and Deputy Prime Minister Barnaby Joyce, who believed that the situation was not as straightforward as portrayed by the police.
“I believe the focus should be on individuals inciting terrorism,” he remarked.
“The individual who attacked a bishop in a church was influenced by others, who got into his mind and convinced a young person to attempt murder—this is where the issue lies.”
‘There is a Limit’: Joyce
While Mr. Joyce acknowledged that parents should bear some responsibility and be held accountable for their children’s actions, he also emphasized the limitations of such accountability.
“Ultimately, they have their own autonomy and can make their own choices, regardless of what parents instruct them to do,” he explained.
Mr. Joyce also highlighted that parents cannot prevent their children from engaging in wrongful activities if they are unaware of them.
“Claiming complete responsibility for every action of my children sounds appealing but is highly risky,” he cautioned.
“After all, you cannot stop someone from independently purchasing a knife without informing you.”
On Thursday, Mr. Minns committed the NSW government to reevaluating existing legislation to see if amendments could help prevent similar incidents from occurring.
