Increasing the maximum penalty for graffiti vandalism from six to 12 months will have little effect on the level of this crime as the courts will be very reluctant to gaol a young person for a year for spray painting a wall, train or door, Member for Castle Hill Michael Richardson said today.

“This is window dressing by the Government – it wants to appear tough without actually doing anything to reduce graffiti,” Mr Richardson said.

 “Earlier this year Magistrate Ian McRae gaoled 18-year-old graffiti vandal Matthew Sale for 12 months under existing laws but as well as spray painting trains Sale stole train keys and jammed signal boxes with rocks.

“His actions could have caused a terrible accident. Magistrates won’t see vandalising a wall in the same light.”

The increased gaol terms are contained in legislation passed by the Parliament this week. The legislation also makes it an offence, with a maximum penalty of $1100, for an adult to supply a minor with a spray can and sets up a system of community clean-up orders for convicted graffitists.

“You could shoot holes in the supply offence – the person who supplied the spray can will simply say that he understood it was going to be used to spray paint a bike or a roller board,” Mr Richardson said.

“It will only work where a large number of cans of different coloured paints are involved.

“The community clean-up orders are unnecessary.

“Under legislation passed by the previous government in 1994 magistrates can already order convicted graffiti vandals to clean off graffiti.

“The only difference with this scheme is that offenders will be fined, then allowed to work off that fine - but not necessarily by cleaning off graffiti. The scope of community clean-up work is to be defined by the Minister, so it could be mowing grass or picking up rubbish, not cleaning off graffiti.

“Moreover, the deemed rate at which the offender will work off his fine is $30 a hour – that’s almost four times as much as a 16-year-old shop assistant is paid!

“The rate should be cut to $10 an hour and graffitists required to clean off graffiti unless there is none to be cleaned up.

“The police should also be given the power to issue on-the-spot graffiti clean-up orders up to a maximum of 10 hours.

“I want to see my community free of graffiti – the Government’s legislation will not achieve that.”