Mental Health Legal Centre Inc.

Criminal Justice System and Police Powers

'Your rights on track' and Protective Services Officers (PSOs)

New transport Protective Services Officers (PSOs) are being rolled out by the State Government across Victoria’s rail network over the next three years. PSOs will be working at all Melbourne metropolitan and some regional train stations from 6pm until the last train, 7 days a week, with the intent of improving passengers’ perceptions of safety. PSOs are not sworn members of the police force but are employed by Victoria Police and are armed with semi-automatic guns. They have a wide range of new powers, very similar to police (see below and PSO information session presentation (ppt)). PSOs recently commenced work at Southern Cross and Flinders Street stations, with North Melbourne, Richmond and Footscray earmarked as the next stations to receive PSOs. The Government intends to recruit 940 PSOs by the end of 2014, with two PSOs being assigned to each relevant station.

'Your rights on track' is a community legal education project aimed at promoting respectful, safe and human rights compliant interactions between PSOs and the community. The project is led by the Federation of Community Legal Centres, with MHLC and Smart Justice for Young People as key partners.  Your rights on track is aimed at supporting commuters who may be affected by the PSO roll-out, including people with psychiatric disability.  The project is taking the lead by providing information to train travellers about PSO powers and their rights as commuters.  The project will also monitor the introduction of PSOs, provide feedback to the Government and Victoria Police, and keep the media and the general community informed of any issues that arise with the PSO roll out.

More information:

• For more information about PSOs and to keep up-to-date with the implementation and effect of the PSO roll-out on train stations, check out the 'Your Rights on Track' facebook page
• Read the Your rights on track media release (pdf) from the project launch on 21 February 2012
• Your Rights on Track has developed wallet size cards outlining the powers of PSOs and where to go for more information and legal help. 
• Let your colleagues and clients knowabout PSOs and the Your rights on track project - download the YROT information sheet (pdf, March 2012) and include it in a newsletter.

 

Know your rights on track - information session

Know your rights on track - an information session (pdf) for lawyers and community workers was held on Wednesday 15 February 2012. The session covered the range of new powers that PSOs have (including in relation to young people and people with psychiatric disability), how these powers compare with those of police and authorised officers (ticket inspectors), the roll-out of PSOs, how commuters/consumers/clients can get legal advice and how to make a complaint. It also discussed the 'Your rights on track project'.

You can download the PowerPoint presentation from the session here (ppt.)

The MHLC plans to conduct similar information sessions for mental health consumers in the coming months.  For more information, please contact Catherine Leslie, Lawyer/policy officer, MHLC - tel: (03) 9629 4422 or email: catherine.leslie@mhlc.org.au

New 'mental health powers' for PSOs are stigmatising, dangerous & unjustified

In August 2011 the Victorian Government passed new laws that give armed protective services officers (PSOs) on Melbourne's train network many new powers including the power to apprehend a person who appears to be mentally ill and at risk of suicide or of causing serious bodily harm to themselves or someone else. PSOs will also have the authority to use reasonable force to apprehend a person in such circumstances. Prior to this, only Police had these mental health-specific powers, under s10 of the Mental Health Act.

Despite community opposition to the new laws and new powers for PSOs (see below), the Justice Legislation Amendment (Protective Services Officers) Act 2011 passed.

The MHLC is concerned about the impact of these new laws on people with psychiatric disability and our clients, many of whom regularly use public transport.  The MHLC is committed to monitoring their implementation, including through the 'Your rights on track' project (see above and on facebook).

Background information:

• Media release 17 August 2011 (pdf 87 kb) - 'Failing, not protecting the community' - joint media release by the MHLC and the Federation of Community Legal Centres expressing our concerns about the laws giving PSOs new powers

• Read MHLC's Briefing paper (pdf 413 kb) (August 2011) - outlines who PSOs are and concerns about the impact of amendments which would give PSOs new powers to apprehend, using force, someone who "appears to be mentally ill" in certain circumstances

• See the upper house (Legislative Council) debate (evening of 30 August 2011) in Hansard, including reference (p39-43) to the forum on 23 August organised by Sue Pennicuik (Greens Upper House MP) in which MHLC participated.

• Link to the Greens media release on the passing of the Bill (1 September 2011)
   
• See MHLC on Youtube footage about PSO powers from a rally 27 August 2011, organised by the Australian Mental Heatlh Human Rights and Law Reform Coalition.  (Footage courtesy of Anthony Snowden from 'Box4')

 

Check out the Your Rights on Track facebook page: www.facebook.com/PSO.YourRightsOnTrack

 

For more information about PSOs and mental health specific powers please contact:

Catherine Leslie, Lawyer/policy officer, MHLC  - tel: (03) 9629 4422 or email: catherine.leslie@mhlc.org.au (note change of email address)

 

Police powers and use of force

Aside from their general law enforcement and community safety powers, Victoria Police have particular powers under sections 9A, 9B and 10 of the Mental Health Act 1986 (Vic) to, in certain circumstances, apprehend and restrain a person who appears to have a mental illness and to transport them to an approved mental health service. In certain circumstances police may also enter premises and may use reasonable force to exercise some of these powers.

Mandatory sentencing

The Victorian Government recently announced its commitment to introducing statutory minimum sentences for particular offences involving "gross violence".  The government's proposal effectively amounts to a mandatory sentencing regime for both adult offenders and young people aged 16 or 17.  The Sentencing Advisory Council (SAC) has been asked to provide advice to the government about details of the mandatory sentencing regime. 

In our submission to the SAC, the MHLC has made clear it strongly opposes mandatory sentencing as it removes the ability of the judiciary to take into account the specific circumstances of the offence, particularly where a person's mental illness was a significant contributing factor.  Our submission draws on the findings and recommendations of the MHLC’s report on the experiences of people with mental illness in the criminal justice system (see below).

• MHLC submission to the SAC on mandatory sentencing (pdf 71kb) June 2011

Experiences of the Criminal Justice System

• The perspectives of people iving with mental illness (pdf 808 KB) October 2010
• Conference presentation - Inside Access (pdf 460kb) October 2010

Courts

Treatment and Care of Mentally Ill Offenders

Specialist Courts and Therapeutic Jurisprudence

Bail

• MHLC respone to Review of Bail Act 146 KB

You can also access information about mental health and the criminal justice system in our education section.