Writing on the wall for graffiti vandals

“The community is fed up with their streets being defaced by senseless vandals who think they can operate above the law,” Mr Rees said.

“Today, I’m putting graffiti vandals on notice – we have you in our sights and the community, police and business are right behind us.

“Graffiti is not a victimless crime – it makes people feel unsafe, eats away at the pride people have for their towns and suburbs and this is simply not on.”

Major highlights of the package include:

• Graffiti Action Day: a dedicated day each year for community-based graffiti clean up in partnership with Keep Australia Beautiful;
• Banning possession of spray cans: an offence for juveniles to possess spray paint cans unless for education, employment or legal art;
• Doubling penalties: A doubling of penalties for graffiti vandalism to 12 months in prison and 6 months for possession of a graffiti implement;
• Clean up orders: More vandals to clean up graffiti instead of paying fines (most offenders are currently fined) and increasing the use of clean-up for offenders sentenced to a Community Service Orders;
• Designing out graffiti: make planners of all new state government buildings take graffiti and crime prevention measures into consideration;
• Graffiti hotspot funding: $1 million annual grants program to fund the implementation of anti graffiti design treatments in identified hotspots.

The Graffiti Action Day will occur on the first Sunday in May each year – beginning 2 May 2010.

“The Graffiti Action Day will empower communities to take charge and make a difference,” Mr Rees said.

Mr Rees said it will now be illegal for a juvenile to have a spray can in their possession unless they have a legitimate reason.

“If they can not prove to Police that they need the spray can for legitimate reasons like school or work they will face fines of up to $1,100 and even 6 months jail in some cases.

“These changes build on the reforms that began earlier this year which enable police and other officers to issue penalties to retailers for selling spray paint to young people.”

Keep Australia Beautiful CEO Peter McLean said: “Everyone can get involved in the Graffiti Action Day – councils, schools, businesses, community groups, and individuals.

“It is an important opportunity to raise awareness of how we can collectively remove graffiti. Volunteers can play an important role to increase the pride and morale of their local communities.”

FACT SHEET ONE – GRAFFITI ACTION PLAN

The Graffiti Action Plan consists of:

• Graffiti Action Day: A dedicated day each year for community-based graffiti clean up in partnership with Keep Australia Beautiful;
• Doubling penalties: A doubling of penalties for graffiti vandalism to 12 months in prison and 6 months for possession of a graffiti implement;
• Clean up orders: More vandals to clean up graffiti instead of paying fines (most offenders are currently fined) and increasing the use of clean-up for offenders sentenced to a Community Service Orders;
• On-the-spot fines: Council officers given the power to issue on-the-spot fines to businesses breaking the law (currently only Police and Fair Trading can issue fines);
• Banning possession of spray cans: Making it an offence for juveniles to possess spray paint cans unless for education or employment etc;
• Prohibiting supply of spray cans: to persons under the age of 18 years (research shows many vandals get their spray cans from friends or family);
• One stop graffiti clean up: graffiti removal under one umbrella in two trial locations, Blacktown and Mosman;
• Designing out graffiti: make planners of all new state government buildings take graffiti and crime prevention measures into consideration; providing planners, architects, designers, engineers with improved graffiti and crime prevention training; and developing guidelines for local councils;
• Graffiti hotspot funding: $1 million annual grants program to fund the implementation of anti graffiti design treatments in identified hotspots;
• Anti graffiti awareness campaign: a $2 million information campaign to deter those involved in illegal graffiti from engaging in it.

FACT SHEET TWO – GRAFFITI ACTION DAY

The Graffiti Action Day will occur on the first Sunday in May each year – beginning 2 May 2010.

Keep Australia Beautiful has over 34 years of proven experience and success in initiatives to protect and enhance the NSW environment.

Keep Australia Beautiful will work with agencies to identify areas which require graffiti removal, collect registrations from across NSW and link groups up with their sites.

FACT SHEET THREE – NEW GRAFFITI LAWS

Changes will be made to the Graffiti Control Act 2008 to increase penalties, increase clean-ups and introduce new offences.

Under the Government’s reforms, vandals will be cleaning up graffiti instead of paying a fine. We will also increase the use of Community Service Orders that require offenders to clear graffiti as part of their sentence.

The Government will target young vandals who were the source of most graffiti.

BOCSAR statistics show that in 2008, 76% of graffiti offenders charged were under the age of 18.

The Government will build on its reforms that prohibit a retailer from selling spray paint to a juvenile by expanding the offence to cover other adults.

Research shows that the current sale restrictions had limited an offenders’ ability to purchase spray paint. However in some cases older friends or family members were instead purchasing spray paint on their behalf.

Imprisonment penalties will also be doubled.

Unlawful possession of a graffiti implement will rise from 3 months to 6 months imprisonment and damaging or defacing property by means of graffiti from 6 months to 12 months.

FACT SHEET THREE- FUNDING FOR GRAFFITI HOTSPOTS

The Government will establish a $1 million annual grants scheme to implement changes to building designs in recognised graffiti hotspots.

Local Government areas will be chosen on the basis of the incidents reported by BOCSAR.

The Top 10 LGAs for graffiti incidents in Sydney and NSW are: