The Western Australian Council of Social Service Inc. (WACOSS) welcomes the opportunity to make a submission to the Standing Committee on Legislation on the Criminal Code Amendment (Post and Boast Offence) Bill 2025.
Recommendations
- Remove Chapter IX from the list of relevant offences under s221H
- Unlawful assembly, trespass and disorderly behaviour in public should be excluded as a priority.
- Include dissemination of material for the purpose of political advocacy, industrial action or protest, that does not depict an offence against Chapter XI and 11A, as a defence under s221J
- Narrow the definition of ‘dissemination’
- Limit the definition to making material available to the public.
- Require a charge (preferably proven) for the underlying offence before the ‘post and boast’ offence can be prosecuted
- Require alternatives to incarceration be considered in sentencing, and exclude detention for people under 18
- Restorative justice and diversionary programs are more effective than punitive approaches in reducing reoffending and promoting accountability.
- Set up independent monitoring
- By the Ombudsman (or equivalent body) with annual public reporting, disaggregated by age, Aboriginality, region, offence type and policing district.
- Invest in effective prevention supports for young people
- Diversion, restorative, therapeutic, educational and community-based responses
- Preventative resourcing such as investment in education and awareness programs, to help young people understand the impact of their online behaviour and avoid glorifying harm.
- Disability and cognitive screening, early intervention, family support, youth diversion, and culturally-led programs in highly impacted communities.
WACOSS also endorses the recommendations submitted by Social Reinvestment WA to this inquiry.