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Crimes Amendment (Drink and Food Spiking) Bill 2008
Wednesday, 05 March 2008

Mr MIKE BAIRD (Manly) [1.06 p.m.]: It is a pleasure to speak to the Crimes Amendment (Drink and Food Spiking) Bill 2008. I support the move to formally make it an offence to spike a person's drink or food with an intoxicating substance. The legislation is long overdue. The former Premier announced that an offence of drink spiking would be introduced in November 2004. However, the Opposition is concerned with elements of the bill and the member for Epping highlighted proposed section 38A (4), which seems to defeat the very essence of the bill, that is, to convey the significance of this crime and deter people from offending. I shall expand on this point later. We are lucky in this House to have a member of the capability of the member for Epping. It is a privilege to have him as a colleague and friend. The House can benefit from his experience in this field. He has used his experience to draft this amendment, not in the spirit of scoring political points but in the spirit of looking after the victims we are trying to defend. I pay tribute to the member for Epping and the House should take note of his experience and his wholehearted determination to make a difference during his time in this Chamber.

Unfortunately, drink spiking is becoming increasingly prevalent in our society but very few cases are reported, and a few local groups have made this clear to me. It is frightening that one-third of drink-spiking incidents lead to sexual assault. That is a huge statistic and one that requires action. Making drink spiking an offence, with a maximum penalty of two years imprisonment, acknowledges that drink spiking is a crime. Victims should feel supported by the legal system and encouraged to come forward to seek justice. However, proposed section 38A (4) provides a way out to offenders and basically proposes that offenders could defend themselves from the crime if they argued that they did not think the victim would mind if their food or drink was spiked. It states:

      if the person has reasonable cause to believe that each person who was likely to consume the drink or food would not have objected to consuming the drink or food if the person had been aware of the presence and quantity of the intoxicating substance in the drink or food.
In other words, to put it in simple terms, if a male bought a triple shot of vodka for a female who thought it was a single shot, he would not be found guilty if he could argue that he did not think she would mind. This flies in the face of the objects of the bill. Drink spiking is serious. Putting an intoxicating substance in someone's food or drink without their consent is a crime. We suggest, as proposed by the member for Epping, that section 38A (4) be deleted from the bill.

I must convey the Manly community's concern about the way alcohol-related crime will now be dealt with, given that, as widely reported, the Iemma Government has axed the jobs of 18 violence prevention workers to boost staff in the Premier's Department. This has a human face to it, and that human face in the Manly community is Jenny Huxley, the Northern Sydney Regional Strategies Officer for Violence Prevention. For many years she has worked passionately with the Manly community, including the Manly Drug Education and Counselling Centre, to tackle alcohol-related crime and prevent violence against women.

The Manly Drug Education and Counselling Centre has a fantastic team that works day in and day out for not only the Manly community but also indeed the whole of the northern beaches. The centre has been operating on a shoestring budget, but its team has made up for that with its passion and determination. I had the opportunity to meet with the team a couple of weeks ago. Its work is imperative in fighting some of the causes of alcohol-induced crime. The centre also runs a broad range of community education programs. At the meeting the team related to me that, for the first time, alcohol had overtaken drugs in terms of the main problems the centre was facing with youth and the broader community.

Next Wednesday Jenny Huxley's job will be terminated and she will no longer be able to support her community. The closest person available to support Manly will be based in Surry Hills. In other words, we have someone based in Manly, in the heart of the northern beaches, but if we need that support we have to go to Surry Hills. It simply will not work. It is one thing for the Government to introduce legislation to attack what is clearly a weak point, that is, making drink spiking a crime, but we need resources at every single level to make this legislation effective. At the coalface, the removal of a regional strategies officer for violence prevention will have a detrimental impact.

Jenny Huxley drove campaigns such as the MISS Manly campaign, which ran last year to make pubs and clubs safer for Manly, and Spiked drinks—it's beyond a joke. The MISS Manly campaign included visits to all the hotel and licensed venues in Manly to look at issues such as women's safety amenity, to get an overall perspective on whether a woman would feel safe in those premises. That had the impact of all the local establishments taking on board the concerns and trying to implement a critical local initiative, supported by the Manly Drug Education and Counselling Centre, to deliver real benefits for the community.

To run through a list of what Jenny Huxley has achieved would not do justice to her work. As I said, Jenny also ran the campaign Spiked drinks—it's beyond a joke. That was part of the education processes to say, "Listen, this is not a funny thing." As we have heard from both sides of the House, the issue needs to be addressed and it is being addressed. My main concern, however, is the removal of resources. What will happen to these sorts of campaigns if there is no-one on the ground to drive them? Clearly, we need the resources on the ground to implement these sorts of educative and supportive community campaigns. The bill would have a greater chance of preventing drink spiking if it were supported by the resources and the people on the ground needed to back it up.

We support the move to raise awareness of the seriousness of the crime of drink spiking. However, we reiterate the need for the amendment to section 38A. On an objective basis, that is something that needs to be looked at by the Government. The Premier has made many statements about tackling domestic violence and violence against women in general. The removal of 18 workers on the ground who day in and day out have done things like Jenny Huxley has done shows that the Iemma Government does not take the issue seriously. This bill is a small step in the right direction, but people like Jenny Huxley and the other 18 people who have lost their jobs as part of this restructure must be reinstated so the community can tackle this serious problem.

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