Parlimentary Debate
The following comments are from Legislative Council members who, whilst they say they will vote for the bill, do have reservations about it. We would like to encourage our politicians to practice the highest standards of governance and keep working to improve this bill until its something they can vote for and truly believe in.
Excerpts from Hansard, Legeslative Council - Tuesday, 22 September 2009
Hon KATE DOUST: Everyone in the community has a view on graffiti, and whilst I think that the government has delivered on an election commitment to deal with this matter, I do not know whether this bill will actually fix the problem... Because of a minority group within our community who are acting up and misbehaving, this legislation has the potential to put up a barrier for everybody in the course of their normal life. I have concerns about that.
HON PHILIP GARDINER (Agricultural): I rise to speak in favour of the Criminal Code Amendment (Graffiti) Bill 2009 only because it plugs a gap in the history that we have brought upon ourselves in our social development. This bill will not do much good, but we have a problem with people who are defacing property because they have the natural impulse, the perniciousness or the urge for artistic expression, whichever reason, it is all wrong. Therefore, this is the only solution that we see in this place that we can resort to, but in reality it is not a solution. It will not be a deterrent in reality. We must tackle this matter in a totally different way... I agree with Hon Kate Doust, who talked about the effect on retailers, which this part of this bill addresses. It really will not stop the supply of these pens, because the online culture of purchasing that people have will allow these pens to be bought and used in the same way. Therefore, that part of the bill will not be effective, yet we are resolved to try to do something about a social problem we have.
Excerpts from Hansard, Legeslative Council - Wednesday, 23 September 2009
Hon LJILJANNA RAVLICH: It is a bit late. However, we support the bill, although it is not as it should be there are some gaps in it. It will be very intewhether it makes any difference at all.
Hon KEN TRAVERS: The first problem is the assumption that graffiti artists are all under the age of 18, and I suspect that that is not actually the case and that many are over the age of 18. One could argue that it is a measure that can be taken, and I am happy to support it, but anyone who thinks that this will solve the problem is kidding himself.
As I said, I have no problems with supporting this bill. However, I do so with one fear; that is, I do not want it to lead to the perpetrators of this vandalism finding new ways and means to express their anger, or whatever we want to call it, whether it be by their using the implements that were talked about the other night to scratch into
glass or whether they come up with some other innovative way of expressing themselves and causing damage, which in turn will lead to a more expensive and costly mechanism for cleaning up the graffiti.
I suspect that this legislation will not necessarily achieve the aims that all members in this chamber tonight would agree on; that is, the reduction and, hopefully, one day the complete elimination of graffiti in our society.
Hon ED DERMER: I support the legislation and I understand why it has been introduced, but a very unfortunate aspect is that it restricts the ability to buy and sell these implements that have a good and proper purpose for which they were first designed and manufactured. We are putting at hazard not only a person who might want to purchase them for good and proper purpose, but also the shopkeeper who is selling those items.
Under the age of 18 years; that is right. That age group includes people who have enormous artistic ability and who may have very good reason for wanting to purchase these implements. Therefore, although we find that this is a solution to counter graffiti vandalism, we will seriously impede people who would want to buy such items for good and proper purpose.
Public Thoughts
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Dear Cam,
In response to below, Thinkfirst has been initiated from a group in the community who is concerned about the impact of these laws. Whilst we all may have varying responses to your questions, my personal view is:
I'm wondering what the YACWA (a State Government funded entity) suggests to reduce the out-of-control costs to the community caused by unsanctioned graffiti and other forms of vandalism?
- I for one am very happy for YACWA to have an independent voice, even if funded by the State Government. To me that's one of the fundamentals between living in a democracy and a dictatorship.
- Which other forms of vandalism are you referring to?
- This Bill doesn't just relate to graffiti as both spray cans and pens over 6mm are used in many other art forms as well as many other non-art applications.
YACWA has come out strongly against these laws, yet it seems they have no sensible alternatives.
This bill has been produced with absolutely no consultation with the community. YACWA along with many other groups has had no chance to suggest any alternatives. The community have not been invited nor given time to be part of the debate. This is a very complex issue which would take much work to come up with solid policy. I don't think anyone is claiming to have a perfect solution, but I truly believe a whole of community, not just whole of government, approach must be embraced for any real change to happen.
I agree that a blanket ban on the sale of spray paints and thick textas etc to under 18s is an inconvenience for the rest of the law-abiding community. However, after years of sanctioned graffiti programs, most of which seem to become vandalised themselves over time, what else is there to do other than restrict access to graffiti implements for young offenders?
The government has not provided any indication of any research to show this action may reduce graffiti. No percentages of graffiti vandalism it believes people under 18 are responsible for, nor what percentage is created with these items it proposes to ban. There is also no evidence from other jurisdictions that these kinds of restrictions have had any impact on vandalism levels.
The government is not just restricting access to graffiti implements for young offenders, it is restricting access to numerous art and hardware supplies to all people under 18. It has made no attempt to provide provisions for people legitimately using these products.
I do believe urban art is part of the solution, and I would suggest there has never been a serious attempt to provide diversionary 'legal walls' and the like. At present, and for as far back as I can remember, Perth has had absolutely no free walls - a wall that is able to be painted freely by anyone wishing to do it. Yes there are the occasional workshops, skate park repainting etc, but nothing constant. Many councils may repaint their local skate park once a year and provide no other spaces for young artists. The Office of Crime Prevention has just begun trying to create and publish a list of these kinds of programs. There has never been a public resource for young people or parents wanting to find out where they can paint legally. I can not tell you how many times I have heard both young people and adult artists, and parents and teachers, ask where they can find legal walls.
The Office of Crime Prevention has also just introduced an education program for primary and secondary students, which whilst may take a few years to see results, is something that is likely to actually make an impact.
The ACT has been running a comprehensive legal wall program for approximately 3 years and has reported a 30% reduction in illegal graffiti. They have worked hard to involve young artists in the planning and implementation stages, and work with the whole community including retailers to promote their use and acceptance. They still promote zero tolerance of illegal graffiti and prosecution of offenders.
Regards, Aimee Johns
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I'm wondering what the YACWA (a State Government funded entity) suggests to reduce the out-of-control costs to the community caused by unsanctioned graffiti and other forms of vandalism?
YACWA has come out strongly against these laws, yet it seems they have no sensible alternatives. I agree that a blanket ban on the sale of spray paints and thick textas etc to under 18s is an inconvenience for the rest of the law-abiding community. However, after years of sanctioned graffiti programs, most of which seem to become vandalised themselves over time, what else is there to do other than restrict access to graffiti implements for young offenders?
Regards,
Cam Sinclair
Vice President
WA Union of Liberal Students
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DON'T BAN THE CAN!
I strongly disagree with the Laws that the current government hopes to introduce that will make it illegal for stores to sell 'graffiti implements' to people under the age of 18. If these laws are passed it will affect the majority of artists because a minority of the population of Western Australia think this will help eradicate vandalism. Young artists won't be able to acquire the supplies and tools they need to create their art.
You may think it's not art, but this is where you are wrong! Graffiti-Art may be unconventional, but it is still a form of art. It uses the form of paint in a can to create styles and images that cannot be created by other tools such as brushes or crayons. The style of Graffiti-Art is quite new, and therefore not seen as much as an art compared to the kinds of piece that would be seen in most art galleries, but I assure you that it will be seen as more of an art in the years to come.
Still, according to the 'Macquarie Dictionary', Australia's National Dictionary, it states the definition of art being "The production or expression of what is beautiful (especially visually), appealing, or of more than ordinary significance." That's what Graffiti- Art is, it is the production of images, that uses the expressions and feeling that the artist feels from within, to create and appealing image. That's the unique thing about Graff-Art, there will many different pieces and no two will be the same.
These laws will adversely affect many law abiding young people. For most Graffiti- Artists, their art is the only thing they have in their life. Most of them come from broken homes, and don't have a good education. The world they live in is a world of crime, and most of the people they know end up become drug dealers or get involved with gangs. This is not a pretty world but for those who have decided to express their feelings through Graffiti-Art, it is a lot less dangerous and keeps them away from the crime, but still has its disadvantages. But if you take Graffiti-Art away from them you can see what will happen. They will have no other choice but to start stealing their supplies and resort to criminal activities to get what they want. This is another reason to create spaces for Artists to create their Art. Some good examples are the undersides of bridges, beside freeways where there are boring concrete walls.
These laws have not proven effective in other states of Australia at reducing vandalism in the form of graffiti which is different from Graffiti-Art. Other states of Australia have put this law in action in previous years, and saw a minimal decrease in vandalism and a slight increase in criminal activity. So I strongly think that it won't have much effect here in Western Australia.
There has been hardly any consultation or balanced discussion with the young artists and people whom this law will affect if it is in place. Many local and independent businesses will lose a lot of money because they will not be able to supply their target audience with their products because it is against the law, and it they do so would be liable for a fine of $6 000, first offence and $12 000, subsequent offence. It's not just Art Aerosols Paints are used for. Many people at my school are into biking, and if this law passes then they won't be able to buy the paint they need to paint their bikes.
Next thing you know it will be illegal to wear or carry anything because you might litter with it.
The government is heading in the wrong direction in their attempt to eradicate vandalism by targeting Graffiti-Artists. I suggest instead they should focus more on the Criminals not the Artists.
Graffiti is a crime Graffiti-Art in the streets on designated areas is not.
Bibliography: The Macquarie Dictionary Online © 2009 Macquarie Dictionary Publishers Pty Ltd.
Mathias Gebauer
Aged 14 years.
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Myself and all most of the people I know have been in contact with the graffiti culture of this city from a young age. For better or for worse (in terms of stupid penalties dished out to "vandals") this is an intrinsic part of many young people's self-identity. Although not all of us paint, I believe that we have a vested interest to protect the civil liberties of young people who are powerless (in terms of the representational voting system) to affect decisions made by politicians. Most said politicians have a completely different worldview in general than the youth artistic community, especially in regards to what young people should or shouldn't be doing. As a united force we need to demonstrate that this law overextends their right to regulate our activities. If it's not already crippling enough that many talented young creatives leave Perth for opportunities elsewhere, the government has decided to make it impossible for anyone under 18 to develop art practice with the materials in question.
Good to see people are trying hard to stop this happening.
Amber Gempton
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This is an absolutely bad idea, due to the fact that children at the age of ten will be unable to buy a box of crayons. If you do this to Western Australia you will see a mass amount of stationary over 6mm stolen, and not just for Graffiti reasons.
If you limit the amount of crayons and textas to children and teenagers under 18 they will be unable to develop artistic and creativity skills for when they are older, which is wrong to be stripped of creativity. Creativity is in every culture and in place on Earth. i.e Painting, Hairdressing,Drawing, Dancing, Homes, Cities, Clothes, Photography, ect. If you strip one creativity you many more because with out creativity you are unable to have an open and expand it.
I am an artist, and I am at the age of 15, if is law comes in, it will be very hard for me to get the products for my canvas', it already is with the code of spray cans only being sold to 18 and over.
We need stationary and art products, imagine schools it would a pain for the teachers to be continuously counting the stationary products.
Think of graffiti as not a nuisance but as people trying to put there word out and say something read what they write it mite be about the environment, culture, animal rights, natural disasters, global warming or something that is about there personality or an impacting experience they have had.
thankyou,
Sarahholly.
15 Years
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I voted for you Liberal Party, but now you are not doing what you proposed you'd do regarding Graffiti legislation. What does an election promise mean? Looks like we're on our way WA to becoming a prohibitive state that is starved of culture, vibrancy, art and life - just when it was starting to feel like we might actually be okay... Very disappointing Liberal Party.
Selling my 17 and a half year old daughter the paint needed for her University projects and assignments is going to be a punishable offence if this bill is passed.
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Reading the Aerosol Association's Victorian submission paper (www.thinkfirstwa.info/Resources) points out that this action (the stopping of selling to under 18's) has actually increased vandalism and graffiti. Across the board without fail. Every where...In the world... it has FAILED... erywhere..
I know it might be hard to argue that to a government employee who has made up some magic research that for the first time on the planet this action will work in little old Perth. Cause those damn kids will listen right !!.. And if not lets just ruin their lives and lock them up with the rapist and murders. Or put them into debt.
The sad thing is someone will be made an example of. And get 2 years goal time. And a crazy big fine.
And the sadder thing is the government actually considers this a more important issue than far worse crimes.
And still sadder, they will still blame the shops for all the woes of the graffiti in Perth.
The 1993 Richard court action to close down all the legal paint spots actually caused all the window scratching that we see today. Cause and effect... All cities that have this under 18 law end up having way more graffiti than ever before.
But hey, the present government will be long gone by then and the rest of us will still be here, cleaning up the mess they want to create with the new law.
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This is incomprehensibly ill thought out. As the research shows it will not reduce graffiti. I feel a tinge (actually more like a huge stab) of sadness that we could so pointlessly and thoughtlessly take away the right of our young people. But as far as the actual graffiti vandals go, we have seen your creativity and no doubt your ingenuity (or perhaps just some online shopping with your mums credit card) will get you what you want. So while it might be a slight annoyance, its not really the end of the world. Who I feel really sorry for is the 19 year old kid working at the newsagent who messed up his calculation from inches to millimeters and cops a whopping fine and, even worse, a criminal record for the sake of 2mm.
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This is complete ludicrous especially going to the extreme extent of banning crayons, calligraphy pens and oil markers. I admit to being on the bandwagon of this 'terrible' 'terrible' sin shunned upon by every Tom, Dick and Harry in the lifeless Western Australia and I laugh at the fact that is will not decrease 'vandalism'; which I may encourage to be labeled as actual art, it make even do the complete opposite and increase it as an act of rebellion.
Being a juvie, I know my fellow colleagues, whether I agree or not, will go to any extent of making them seem like more of a man, which usually leads to illegal acts. Already many people commit to graffiti just for the label or being some rebellious cool cat and not in the name of art, but I am not to judge. Nevertheless, this will just rise the rage and create an ANARCHY IN WA.
Secondly I let out a content sigh. Not because I agree, because it's rather humorous. Every knowledgeable street artist or graffitist knows all the tricks of the trade, we don't necessarily use the stereotypical resources to murder the walls, we have our ways and will always use our whitty-fresh creativity to transform our environment (furthermore) into large installation itself.
Obviously this bill is a waste of time, breath and brain power (what little brain power has been enforced in this however). Either it will wake our +18s to committing the 'crime' all by themselves and leaving the -18's to sit and watch happy knowing that the job is being done for them, or evolution will create a broynx down town paint atmosphere where young, innocent, paint loving children will be helplessly strolling down the mean, vicious streets, thousands of miles away just to buy some crayons to create a Mother's Day card.
WA, you might as well make it illegal to breathe.
Kartika
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As part of an urban art collective, we are constantly utilising spray paint as part of our creative expression. Spray painting has many benefits over brush painting, and the technique itself lends to painting with a finish and on scale simply unattainable with most painting tools. I personally love spray painting, the technique is immediate and direct, completely reflecting the fast paced culture we are accustomed to in this century.
Recently we completed what's now known as the Condor Tower Car Park project. It involved the collaboration of over 80 artists aged from their teens to their forties on a massive five storey car park in the CBD. The project opened with great success, with over 2000 people attending, incredible for a free urban arts event in Perth. Since the launch we have received an abundance of interest from both industry and individuals, praising the project for promoting arts culture in Perth, and offering us opportunities for further projects on a commercial scale. Some of the most frequent responses were from high school teachers and youth workers wanting to know how kids they supervise can get involved in workshops or learn some techniques. It is interesting to note that the actual people working with the youth in question see it beneficial to help promote their art rather than control and deny it.
Our society has spent it's time obsessing with American culture, and over the last 30 years this has included aerosol art. As a result the style and imagery of 'graffiti' type art is being used in marketing across all age groups, particularly teens. An example of this is the town of Vincent website, which has used a picture of graffiti in the header of their Events page (http://www.vincent.wa.gov.au/1/7/1/events.pm). An illegal piece of street art (for which the artist could have been arrested) was then the subject of a photo that won the Town of Vincent photography awards last year. The photo has since been used to market their events page. This results in a mass mixed message being sent to the public, especially confusing the youth. What is ok? What is legitimate culture?
We believe that the best combat strategy for graffiti / vandalism is through education. Controlling the sale of 'graffiti products' only further angers the youth responsible for vandalising in the first place. It is ignorant to think that these people will be somewhat discouraged by finding it harder to legally purchase spray paint, if anything they will resort to more distasteful methods of acquiring their tools. People don't want to be arrested, they just want to paint pictures. It is up to all of us to help formulate a society where these pictures can be created and celebrated.
Steve Berrick
ololo Art Collective
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Increasing the "criminal" aspect of carrying a spray can or marker will only make it more attractive to rebellious teenage boys. This in turn will increase the instances of illegal " tagging " and detour those young people who have a genuine artistic agenda.
Congratulations WA on another short sighted decision.
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These kinds of laws have been trialed around the world for almost 30 years. I don't beleive there hass ever been evidence that they help to reduce graffiti. Banning the sale of spray paint to people under 18 was introduced to South Australia in the 1990's and there has been a reported increase in Graffiti since.
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Street/Graffiti style artists are among the best paid in the arts industry, and the future opportunities as a professional artist or designer within the creative industries (one of Perth's fastest growing industries) are endless. Without having access to professional products we are stifling the development of our artists. In their initial talks about the introduction of such laws during the last election, the Liberal party made mention of exemptions for when the products were to be used for a structured educational activity. We have seen no such exemptions in the final bill. Victoria's Graffiti Prevention Act of 2007 allows for an exemption for employment purposes, which again this bill does not.
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As a user and seller of products that could be conceived as 'graffiti implements' I am concerned these laws will have no benefit to the wider community, and only add to the discrimination, demonisation and disengagement of our youth.
It is not acceptable, and simply not true, to presume that the majority of people under the age of 18 who buy, carry or use such things as spray cans and wide tipped markers are doing so illegally.
The best anecdote that has been put to me for this situation is that if we see a person driving at 115 km/h, the general member of the public is able to distinguish between that person being a 'hoon' if they were in a 50km/h zone, a race car driver if they were on a track, a person who has never broken the law, but is accidentally going a little too fast. But when someone sees a spray can, or a piece of graffiti style art, many can only see the 'hoon' element - not understanding their are many other legitimate reasons for it.
Spray painting is a fantastic hobby from an artistic and a social point of view and there is ever increasing career potential for professional artists. Many young (and not so young) people volunteer their talents, time and often own money to create artworks for their community - you can see just some of the many local examples here: www.thebutchershop.com.au/index/Art+Map
People who choose spray paint as their art material of preference already face regular discrimination by police and the media, and their art can often be censored. Whilst there is no argument that illegal graffiti vandalism is completely unacceptable, the truth is the actions taken in the name of combating graffiti effect a much broader section of the community - inhibiting the rights and opportunities of the majority of perfectly responsible spray paint users because of the illegal actions of a small minority.
Aimee Johns
The Butcher Shop
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