The HPLC is conducting a law reform project, entitled ‘We Want Change', to lobby the Victorian government to repeal the current begging offence under section 49A of the Summary Offences Act 1966 (Vic). The project aims to bring about positive change by reforming a current law which has a disproportionate impact on people experiencing homelessness.
An essential component of the project is the development of a report on begging in Melbourne, which will analyse quantitative and qualitative data on the nature, extent and causes of begging and examine the government's policy response to begging within a human rights framework. This report will build upon previous research and reporting conducted in 2001 by Hanover Welfare Services and in 2005 by the HPLC. The report will be finalised and submitted to the Attorney-General in mid-December 2008, calling for the immediate repeal of the begging offence and a broad review of public space offences contained in Victorian legislation and policies.
Previous research
Previous research by Hanover and the HPLC has concluded that begging in the city occurs at low levels and by passive methods. Up to ten people are likely to be begging on any single day in the City of Melbourne. Neither report found any evidence that people beg in groups or gangs.
Both Hanover and the HPLC also reported that begging is generally a last resort activity to meet basic needs in relation to food, housing and addictive illnesses and is considered a more acceptable means of satisfying such needs than resorting to other criminal activity such as theft, drug dealing or prostitution. Those engaged in begging reported it to be a harsh necessity that was humiliating, demeaning, degrading, frustrating and time consuming. The HPLC expects to make similar findings in its 2008 report. However, we suspect that the numbers of people begging on the street on a daily basis will have increased since 2005.
The 2008 law reform project
The reality is that people are begging to survive because the system is failing them. With social security payments pegged below the poverty line, a severe lack of supply of public and community housing and inadequate access to important health and social services, people often have to turn to other means to find money to meet their immediate needs.
There is a clear causal, and consequential, correlation between begging and issues such as homelessness, poverty, mental illness, drug dependency and inadequate access to housing, income and health support services. In order to effectively and appropriately respond to begging, we must understand and address its underlying causes and effects. The HPLC's 2008 report will consider the interrelationship between begging, homelessness and human rights and propose alternative public policy responses to begging that ensure better human rights protection for some of the most marginalized and disadvantaged members of the Victorian community.
If you have questions about this law reform project please contact the HPLC team on 
9225 6684.