Issue

Access to public spaces

Access to a space refers to how you feel within that space, how easy it is to get to, or who is most welcome in that space. Youth are often excluded or seen as a problem in public spaces. Read this to find out more...

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Submitted by: Maia | 3 comments  VIEW COMMENTS

What is the issue?

Youth are often excluded or seen as a problem in public spaces. Council by-laws that are in place restrict young people’s access to public space as seen with police ‘move-on’ powers and skating restrictions.

A public space is any shared space not including private dwellings. It is a free space that has no time limit for being there and where there is no dress code (apart from general laws that apply). A shopping centre may be considered a private space that is used like a public space and while it may be open to the public young people are often moved on from ‘loitering’ in these areas.

Access to public space is about how you feel within that space. How easy is it to get to? Who is most welcome in that space? It can refer to a social, physical or emotional level of access. The factors affecting access to public space can include:
  • distance to services
  • isolation
  • social exclusion from certain places
  • anti-social behaviour

Who does it affect?

The use of and interactions in public space affects anyone in the community that uses these shared places. Challenges in accessing public space physically or socially can arise from conflicting ideas about how this ‘free and democratic’ space should be used.

Young people, particularly males, can be stereotyped as disruptive and negative in the community. Governments often respond to the community’s misplaced fears by introducing tougher legislation and policing. Homeless people face similar hostility and negativity towards them and it is important to consider public space as a shared place where our differences can co-exist.

How do I know this?

Wikipedia Free Encyclopedia, Public space, http://en.wikipedia.org/wiki/Public_space

International Youth and Public Space Network,
http://www.yspace.net/

NSW Council of Social Service (NCOSS), http://www.ncoss.org.au/

Youthlaw, http://www.youthlaw.asn.au
Discuss Now 3 comments

Kelly Simpson 08-Jan-2008

Think about the different experience of a shared public place though. I'm going to have a very different experience walking through a park or on the beach to what a homeless person would, whereas a homeless person would probably feel safer than I would walking late at night in those places.

I don't think you can really generalise and say that Police have the run of all public places - I think that the majority are there to do their job and follow the rules. It sucks that they singled you out and if they made you feel bad, but a few questions and a statement of fact is hardly a subversion of human rights.

gez 22-Aug-2007

I am sure they are legally allowed to ask anything they like however Im pretty sure you are not required to identify yourself unless:
- youre arrested
- youre under 18 and suspected of carrying or consuming alcohol in a public place
- youre driving a car
- youre suspected of involvement in a traffic offence
- theyre trying to serve a fine default warrant
- they have reasonable belief that you may be a witness to a crime
- youre suspected of an offence on public transport

however I also think that with the more recent changes with the terror legislation there are sections of sydney such as the opera house and stuff which you are also obliged to inform them of your identity.

If you are arrested the only information you are obliged to inform them is your name and address.

This information is a couple of years old though so im not sure to what extent the law has changed considering they can lock you up possibly indefinately without charge.

MikeT3000 05-Dec-2006

Police love to boast their ability to hand out summary judgements to us youths.

One night, when my friends and I were all broke, we decided to end our night by spending time at a park with a tall look-out tower which overlooked the city.

As we arrived, and I parked my car below a street lamp, police pulled up and began interrogating us about our entire night.

They asked what we planned to do at the park, what we'd had to drink, asked one of my friends if he took pills (he has unusually large pupils), asked us if we were planning to have a 'session' in the park (to which I almost answered yes because I was carrying my guitar and thought he meant 'jam session', but then realised what he was talking about), asked what time we planned to leave, asked why we were there and whether we had anywhere else to go, took our licence details and phone numbers, and then said: "Now if we wanted to, we could issue you a move on order and you would have to leave."

Apparently there had been robberies in the area (not surprising, considering the area), but if this is why we were pulled up - a few things don't quite add up.

Firstly, if we planned on robbing houses - why would we park our vehicle under a bright street light where it's clearly visible for 100 m's in every direction. And secondly, why would I wear my senior jersey with my name and school printed in large block letters across the back of it?

Under the Police Powers Act, police are technically only allowed to ask your name, address and date of birth, to verify it against your id. They are only allowed to ask further questions with 'reasonable suspicion'. However if they ask you further questions, and you refuse to answer them, then they instantly have 'reasonable suspicion'.

So really, what they are allowed to ask under the act, is practically anything.

Police should stop wasting time with rediculous lines of questioning and leave us to enjoy public spaces like anyone else.