On Thursday, the Victorian Government passed legislation decriminalising the act of begging.
Legalise Cannabis MP Rachel Payne introduced the measure, which some other Australian jurisdictions already had in place.
The practice remains a criminal offence in the Northern Territory, Queensland and South Australia, with the NT Government telling TDA it is “not currently considering changes” to its begging laws.
Here’s what you need to know.
Background
Begging is the act of asking for money or material help from the public.
Its status as a criminal offence differs in each jurisdiction.
Begging has never been an offence in the ACT.
NSW was the first state to decriminalise the practice in 1979.
Western Australia followed suit in 2004 and Tasmania in 2024.
Police can still issue move-on orders if people are obstructing pedestrians or traffic, or scaring or harassing others.
Bill
Last year, Payne introduced a private members’ bill to the Legislative Council (upper house) to decriminalise begging.
Payne referred to the story of 27-year-old Jessica Geddes, who lived in her electorate and whose partner murdered her in 2020.
In the 18 months before Geddes’ death, there were “36 public order reports... mostly in relation to her begging,” Payne said.
“The coroner’s report... indicated that if there had not been the criminalisation of begging, that the police response could have been better and... welfare-oriented,” Payne noted.
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Last week, Victorian Parliament was debating what Payne described as an “omnibus bill” – basically, different topics are voted on all at once.
It addressed coercive control, family violence, and good character references.
Payne introduced an amendment: a clause to remove begging or “gathering alms” as a criminal offence.
Alms are donations to those in need, such as money and food.
The amendment passed both houses with the support of the Government and other crossbenchers.
“There is [an] overwhelming majority of support there to say... ‘We really need to wrap people who are our most vulnerable with support and with help, and not criminalise them’," Legalise Cannabis Member for South-Eastern Metropolitan Rachel Payne told TDA.
Opposition
In the Legislative Assembly (lower house), Coalition MPs, including Shadow Attorney-General James Newbury, opposed the bill.
Newbury accused the Government of amending laws “without any consultation,” and said the bill “remove[s] consequences for antisocial or bad behaviour”.
He also quoted Australian Restaurant and Cafe Association CEO Wes Lambert, who said the decision “will only further reduce demand and decimate our state.”
Rest of Aus
TDA reached out to the South Australian, Queensland and Northern Territory governments, where begging is still a criminal offence.
At the time of publishing, only the NT had replied.
A spokesperson said the Government is “not currently considering changes to the Territory’s laws relating to begging.”
They added “community safety and ensuring police have appropriate laws and powers available to respond to offending and antisocial behaviour in public places” remains its priority.
