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- 16 September 2003
Sporting Venues (Pitch Invasions) Bill
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Page: 3295
Second Reading
The Hon JOHN DELLA BOSCA (Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast) [6.08 p.m.]: I move:
That this bill be now read a second time.
I seek leave to incorporate the second reading speech in Hansard.
Leave granted.
The Government is pleased to introduce the Sporting Venues (Pitch Invasions) Bill 2003.
In October and November this year, Australia plays host to the Rugby World Cup 2003.
In this regard there is a discrepancy as to how 'pitch invasions' can be dealt with at the four venues being used in New South Wales
While it is anticipated that the incidence of people attempting to disrupt matches by running onto the field will be non-existent or negligible, the Government believes that we should have adequate offences and remedies to deter anyone who may try.
While specific and adequate penalties are available for an offence of entering or remaining on the playing field at Telstra Stadium and Aussie Stadium of fines up to $5,500, no similar specific offence covers Central Coast Stadium and while a minor offence covers Wollongong Stadium, the penalty is a maximum of $550.
This bill proposes legislation that brings Gosford Stadium and Wollongong Stadium in line with the offences and penalties at the other grounds being used for the Rugby World Cup.
Specifically, this bill will prohibit unauthorised entry to the playing fields of Central Coast Express Advocate Stadium and WIN Stadium.
The maximum penalty that the court can impose for such an offence is proposed to be 50 penalty units or $5,500 with penalty notices able to be issued by police.
Upon removal from the venue for a contravention, a person will be banned from the venue for 12 months.
A person removed from a venue for committing a further contravention at the venue or entering the venue while banned will be banned for life from the venue.
Importantly, any person who invades the pitch during a Rugby World Cup match at any of the four grounds being used in New South Wales will be banned from all other Rugby World Cup matches in the State.
Authorised officers who suspect that a person has contravened the Act can take reasonable actions to remove the person from the ground, require them to provide their name and address and may photograph them.
It is considered that these proposed offences and penalties will act as a significant deterrent for those that may consider disrupting games by running onto the field at these grounds.
I commend this bill to the House.
The Hon. DAVID CLARKE [6.08 p.m.]: The Opposition does not oppose the Sporting Venues (Pitch Invasions) Bill. The forthcoming Rugby World Cup will focus world attention on New South Wales in a major way. It will be a great opportunity for our State to be portrayed in a positive light. Australia is noted for its sporting achievements and it is noted for its general love of sport. It is essential that a small, unruly, loutish minority does not present us in a negative way. With that aim in mind, this bill comes before us. The bill is designed to stop pitch invasions during the Rugby World Cup, which will be televised and seen all over the world. The overview of the bill states:
The object of this Bill is to prohibit unauthorised entry to the playing fields of certain sporting venues.
Clause 3 defines designated sporting venues as being the Central Coast Express Advocate Stadium, formerly known as Grahame Park; WIN Stadium, which is the stadium under the management of the Wollongong Sportsground Trust; and any sporting venue prescribed by the regulations. Clause 4 prohibits pitch invasions and states:
A person must not enter or remain on the playing field of a designated sporting venue during a match held with the authorisation of the venue director unless the person:
(a) is a participant in the match, or
(b) is engaged in the control or management of the match, or
(c) is an authorised officer, or
(d) has, or is a member of a class of persons who have, been authorised by the venue director or an authorised officer to enter the playing field.
Clause 5 of the bill introduces a 12-month ban from venues for pitch invaders. Clause 6 imposes a life ban on persons who commit a further pitch invasion or who enter a venue when already banned from doing so. Clause 7 extends the bill's provisions to all Rugby World Cup venues. Clause 10 requires persons suspected on reasonable grounds of having committed an offence under the legislation to state their name and address. Clause 9 makes provision to remove from a venue any person who invades the pitch or who contravenes a ban. Clause 11 states:
An authorised officer at a sporting venue who suspects on reasonable grounds that a person at the venue has committed, or has been involved in the commission of, a contravention of a provision of this Part at the venue may take a photograph or make another form of image of the person.
The Opposition supports the bill. Australia is looking forward to the Rugby World Cup. We, and those overseas for that matter, are entitled to see the matches without hooliganism in the form of pitch invasions that blight so many sporting events. We do not want rioting at our sporting events. We do not want pitch invasions. We do not want a small but unruly and vocal minority spoiling it for the rest of our community. We do not want to see pitch invaders override the wishes and the enjoyment of the great majority. We set a high standard with the Sydney Olympic Games, and we will maintain that high standard. For that reason and for the benefit of Australia's reputation, Parliament will perform a great public service by passing this bill.
The Hon. Dr ARTHUR CHESTERFIELD-EVANS [6.13 p.m.]: I am sure all honourable members are aware that Australia will be hosting the Rugby World Cup in October and November. Matches will be played in all capital cities and in a handful of major regional centres, such as Gosford and Townsville, with the final being played in Sydney at Telstra Stadium on Saturday 22 November. The Sporting Venues (Pitch Invasions) Bill is intended to deter pitch invasions during all 17 games to be held in New South Wales. It will introduce a uniform penalty for a pitch invasion across all four sporting venues for the duration of the Rugby World Cup. Under clause 4 of the bill any unauthorised person who enters the playing fields of Telstra Stadium, Aussie Stadium, the Central Coast Express Advocate Stadium in Gosford and WIN Stadium at Wollongong while a game is in progress will be liable for a fine of up to $5,500. Under clause 5 of the bill, a person who commits an offence under clause 4 will also be banned from all four of the designated sporting venues for a period of 12 months and, under clause 6, a person will be banned for life if he or she enters a designated venue within that 12-month period.
The "Legislation Review Digest" noted that there might be circumstances in which a person other than those authorised by clause 4 enters the playing field consequent upon events beyond his or her control—for example, to escape a crowd surge or to flee from a fight. Such people would not have available to them a defence of reasonable excuse under the current bill. The Legislation Review Committee considers that strict liability is generally appropriate for this particular offence. However, it found questionable the absence of any defence of reasonable excuse. I ask the Special Minister of State to address this point when he responds to the second reading debate. The Legislation Review Committee also noted that there is no provision in the bill regarding notifying persons in attendance that they are under surveillance, that they may be photographed for security purposes and that this may be regarded as a breach of civil rights. Paragraph 17 of the digest—we were proud to establish the Legislation Review Committee to examine legislation such as this—states:
In its 2001 Report, Surveillance: an interim report, the NSW Law Reform Commission … distinguished between "covert" and "overt" surveillance. The Commission considered overt surveillance to be where adequate prior notice of the nature of the surveillance is given. This notice consists of the person or agency conducting surveillance providing:
• Clearly visible signs which are able to be understood by everyone (including, for example, people from non-English speaking backgrounds and people with a disability); or
• Other warnings of the type of surveillance occurring, such as audio announcements or written notification (where practicable); and
• Clearly visible and recognisable surveillance equipment which indicates the type of surveillance that is occurring, eg audio, visual or both, etc.
Provided these measures are taken, the Commission considered that the requirements of notice would be fulfilled, even if the subject of the surveillance did not in fact read the signs or observe the equipment.
With respect to the Bill, cl 11 would infringe less on the privacy rights of spectators at Rugby World Cup matches if notice were given, whether by writing or announcement, that persons whom authorised officers reasonably believed had been involved in the contravention of a provision of the Bill at the venue might be photographed.
The committee refers to Parliament the question of whether the bill's failure to require notice of the possibility that persons attending Rugby World Cup match venues might be photographed, either generally or in relation to a suspected or alleged breach of the Act, unduly trespasses on personal rights. As an advocate for civil rights, I am concerned about the content of the bill. I would like the Government to consider these matters given that the Legislation Review Committee has raised privacy issues. I foreshadow that I will support Greens amendment No. 2 to the bill as the Greens appear to have acted on the committee's concerns. I am keen for the Legislation Review Committee to consider civil rights issues—in fact, I wanted the committee to perform a more comprehensive review of all legislation than it is able to in its present form—and its good work is already evident. I support the committee's recommendations and I hope that the Government will do likewise.
Ms LEE RHIANNON [6.18 p.m.]: The Greens stand up for sports fans and we are concerned that the Sporting Venues (Pitch Invasions) Bill seeks to divorce sport from its fans still further. Like most Australians, the Greens enjoy their sport. We also share the sadness and regret that many Australian sports fans feel about the commercialisation of many sporting codes in the past 10 to 15 years. The excitement and colour remains certainly, but the evolution of Australian sport into a huge multinational business has come at the cost of several sporting traditions.
Local clubs are no longer tied closely to their local areas, and their distinctive identities have blurred. At the top level, sports such as rugby union, rugby league and cricket are now elite occupations—the sense of connection between players, clubs and fans has been lost. One result of this, as regular match-goers would be aware, is that they rarely see kids running onto the pitch at the end of the game to congratulate their heroes and shake their hands. It is something that many of us have done and something that our children rarely get the opportunity to do. It is a great tradition. It brings the athletes back to the level of ordinary fans—why they play the sport in the first place—and it helps kids connect with the game, to be inspired to emulate their heroes, and to have a go to succeed. It creates an excitement and magic that kids will never experience if they only watch games behind big fences or police cordons, or on video screens and television.
It is with that background in mind that the Greens will seek to amend the bill. The Greens acknowledge and do not deny that strong security measures are required at major international events such as the Rugby World Cup. But the measures proposed in this bill are sweeping, and carry tough penalties which could be applied to young children who go on the field. This bill does not apply only to aggressive or drunken pitch invaders. It also applies to children and ordinary fans who are simply seeking to spend some time on the turf after a match is over. The Greens are prepared to accept that these tough measures are necessary for the duration of the Rugby World Cup.
The Hon. Duncan Gay: Who wrote this? Meredith Burgmann?
Ms LEE RHIANNON: I do not understand why Mr Duncan Gay has to interject in such a way. He still seems to have trouble accepting that the Greens and sport mix well and truly. I am happy to talk to him about it.
The Hon. John Della Bosca: It is healthy.
Ms LEE RHIANNON: It is very healthy, as you can see by the three Greens.
The Hon. John Della Bosca: Baggio is a Buddhist.
Ms LEE RHIANNON: I acknowledge that.
The Hon. Michael Gallacher: So has Frank Sartor become a Buddhist.
Ms LEE RHIANNON: Yes, and again that is why we need to change our ways. The Greens are concerned that the bill seeks to prolong the measures indefinitely, measures that are discriminatory against people who have gone to sportsgrounds to enjoy their favourite team. We do not believe these huge penalties and sweeping rules are necessary at ordinary matches at WIN Stadium and the Central Coast Express Advocate Stadium. The Greens realised that those two stadiums were being brought into the loop forever after to have those same incredible penalties of $5,500 for a young child found on the field and that is largely the reason we will move two amendments. One would think that somebody else would speak up for sports fans. The people of the Illawarra and the Central Coast are comfortable with the existing arrangements. They support their teams and the children end up on the field: it is the way it works.
The new bill threatens traditions without delivering any major benefits. It divorces the sports fans from the sports stars. The Greens want to give the communities of the Central Coast and the Illawarra the chance to recognise and continue the longstanding tradition of allowing access to the pitch after a match is over. That is what our first set of amendments aims to achieve: we want to put in place a sunset clause on this bill, so that the strict provisions only apply for as long as the Rugby World Cup. I hope that the House will agree to support the sunset clause in the Committee stage of the bill. I will also move amendments to ensure that the two venues fully inform spectators and appropriately display the new penalties. I urge members to carefully consider our amendments, which will strengthen the bill and remove unnecessary provisions that make it far too strict and restrictive on sports fans.
The Hon. JOHN DELLA BOSCA (Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast) [6.25 p.m.], in reply: I commend the bill to the House.
In Committee
Clauses 1 to 3 agreed to.
Ms LEE RHIANNON [6.26 p.m.], by leave: I move Greens amendments Nos 1 and 2 in globo:
No. 1 Page 4, clause 4, lines 4 and 5. Omit "match held with the authorisation of the venue director". Insert instead "Rugby World Cup match held at the venue".
No. 2 Page 5, clause 7, line 1. Omit "Part". Insert instead "Act".
The amendments are designed to introduce a sunset clause into the bill. Instead of continuing indefinitely, as is outlined in the present bill, the bill will only apply to the period of the Rugby World Cup. As I said in my contribution to the second reading debate, the Greens believe that the people of the Central Coast and the Illawarra are comfortable with the current security arrangements at their stadium venues. Nobody has told us about any breaches or problems at those venues. It is a very good arrangement at the moment. In particular, this bill appears to prevent young fans from going onto the pitch area at the end of matches which would drastically change the current arrangements. While acknowledging the need for security at the Rugby World Cup, the Greens do not see the need for such tough sweeping measures to continue after the event.
Amendment No. 1 creates a sunset clause so that the bill only takes effect at WIN Stadium and the Central Coast Express Advocate Stadium for the duration of the Rugby World Cup. As a point of clarification, the sunset clause does not affect the penalties. This will mean that if a pitch invader is given a 12 months attendance ban, that ban will last beyond the period of the Rugby World Cup. By maintaining the potential access for fans after matches, these amendments aim to maintain a flavour of the Australian sporting tradition, a tradition that has been obscured by the trend towards commercialisation in sport. I recommend these amendments to members on both sides of the House because they will not take away the main intent of the bill, that is, is to look after the Rugby World Cup but will allow the traditions in the Illawarra and the Central Coast with regard to sporting events to continue.
The Hon. JOHN DELLA BOSCA (Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast) [6.28 p.m.]: Amendment No. 1 would, in effect, provide a sunset clause for the various measures, as outlined by the member. Amendment No. 2 is consequential. These venues have, and will again, host major events. The current measures at Telstra Stadium and Aussie Stadium have been very effective. People who run on to sporting fields disrupt sporting events and risk serious injury to themselves and to participants of events. The Government cannot support, and I urge honourable members to reject, these amendments.
The Hon. DAVID CLARKE [6.29 p.m.]: The Opposition will not support the amendments.
Amendments negatived.
Clause 4 agreed to.
Clauses 5 and 6 agreed to.
Clauses 8 to 16 agreed to.
Ms LEE RHIANNON [6.31 p.m.]: I move Greens amendment No. 3:
No. 3 Page 8. Insert after line 17:
18 Penalties—notice to be displayed
(1) The venue director of a designated sporting venue must, on any day that a Rugby World Cup match is held at the venue:
(a) display a notice that complies with this section in the vicinity of all entrances to the venue open to the public, and
(b) display the notice in such a manner and in such a place that it would be reasonable to expect that a person using such an entrance would be alerted to its contents.
(2) The notice must contain the following:
You can be fined $5,500 and/or banned from this venue for 12 months and from other Rugby World Cup matches in NSW for invading the pitch.
You may also be banned from this venue for life if you invade the pitch again or enter this venue while banned.
I seek the advice of the Chair. The Minister has indicated that the Government will not support the Greens amendment as currently worded but may be willing to support a differently worded amendment. As we are in the process of working out that wording, I request a short adjournment in which to finalise the new wording. We have gone some way towards doing that, it will not take much longer, and the amendment could be put after the dinner adjournment. If the answer is no, then so be it. But it has been suggested that we might be able to find a suitable wording to indicate that warnings currently in place advising fans of fines and other sanctions they face are required to be displayed at other stadiums. I ask for some time to work out the new wording.
The CHAIRMAN: Order! I will seek guidance from the Minister.
The Hon. JOHN DELLA BOSCA (Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast) [6.32 p.m.]: Madam Chair, essentially I am in the hands of the portfolio Minister. Obviously, this bill has been the subject of extensive negotiations and consultations with a wide variety of stakeholders outside this Chamber.
The Hon. Duncan Gay: You could have spoken to the Opposition!
The Hon. JOHN DELLA BOSCA: The assertion of the Deputy Leader of the Opposition is neither fair nor correct. The preference of the Government is to deal with this matter expeditiously and to continue with the wording of the bill as submitted to the House.
The CHAIRMAN: Order! In view of the Minister's advice, it would be preferable to deal now with Greens amendment No. 3.
Ms LEE RHIANNON: I noted the comments of the Minister. It is disappointing that the Government is not willing to take a little time to consider the need to warn people about the severe penalties that will be imposed on them if they invade pitches. We are talking about areas of the Central Coast and the Illawarra where it has been the practice of some people, particularly young persons, to go onto pitches. Suddenly they will be faced with severe fines and possible banning from matches, without knowing about those sanctions. All we are saying is that they should be appropriately informed. I ask the Minister another question. If the Government will not accept an amendment, will the Minister comment that the Government is committed to urging other stadiums, such as the Central Coast stadium and the WIN stadium, to put in place measures similar to those in place at Aussie and Telstra stadiums? If the Government is unwilling to accept this amendment, will it give an undertaking that every effort will be made to make that information available to the people who will be at those venues enjoying their sports?
The Hon. JOHN DELLA BOSCA (Special Minister of State, Minister for Commerce, Minister for Industrial Relations, Assistant Treasurer, and Minister for the Central Coast) [6.34 p.m.]: To the extent that I am able to give that sort of general commitment, I am happy to give it. Ms Lee Rhiannon raised specific concerns in discussions with the portfolio Minister. Those concerns included young people, particularly children, kicking footballs onto the field after the match and when players had retired from the field, and so on. The honourable member indicated that was not doing any great harm and in that context some of these strict liability penalties were perhaps excessive.
The Hon. Duncan Gay: What if it was a cricket pitch?
The Hon. JOHN DELLA BOSCA: This is, first and foremost, about rugby venues.
The Hon. Duncan Gay: Sporting venues.
The Hon. JOHN DELLA BOSCA: If I could finish my remarks. The point is that only unauthorised entry is forbidden, and therefore on occasions when such behaviour is permissible the prohibition is cancelled out. At events the relevant ground authority can, and does, permit situations such as this. A specific example is the one that the honourable member was thinking of: that at AFL matches it is the custom and tradition of supporters to kick footballs onto the field and to go onto the field after the match. I think that is an accepted part of AFL tradition. In answering the specific concern raised by the honourable member, might I say that I, for a variety of reasons but mainly personal, have gone to rugby league matches and other sporting events at Grahame Park, or the Central Coast Stadium as it is now called. I have not noted any problem with people invading the pitch, although there were often very young fans and quite large crowds. Warnings were given over the public address system about not entering onto the pitch. Notwithstanding that, I think these are matters of commonsense.
The Hon. Dr Arthur Chesterfield-Evans raised the point about the very strict liabilities and suggested that someone fleeing from a fight or melee might jump a fence, or that, heaven forbid, a fire might break out in a stand and people might flee onto the field. Clearly, a judge would take that into consideration if someone caught in those circumstances happened to be prosecuted under the proposed Act. So the normal defences would apply. I think that should satisfy the House, and I commend the bill.
Amendment negatived.
Clause 17 agreed to.
Clause 18 agreed to.
Schedules 1 and 2 agreed to.
Title agreed to.
Bill reported from Committee without amendment and passed through remaining stages.
[The Deputy-President (The Hon. Tony Burke) left the chair at 6.39 p.m. The House resumed at 8.15 p.m.]
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