Today, the Legislative Council passed an amendment introduced by Legalise Cannabis member Rachel Payne to decriminalise the offence of ‘begging and gathering alms’. This amendment to the Justice Legislation Amendment Bill 2026 was supported by the Carroll Labor government, the Greens, Animal Justice Party and the Libertarians. With the Bill’s passing, the criminal offence of begging will be abolished in Victoria. This brings Victoria in line with New South Wales, Western Australia and the ACT.
The Victorian Aboriginal Legal Service (VALS) has called for the decriminalisation of begging for decades. This is long awaited and much needed legislative reform will save lives and ensure people in crises are treated with dignity and support instead of handcuffs.
Aboriginal, legal and community advocates, a parliamentary inquiry and the United Nations have all called for begging to be decriminalised. It was also a recommendation of the Royal Commission into Aboriginal Deaths in Custody over 35 years ago. In the 2025 inquest into the death of Jessica Geddes, Victorian Coroner John Cain also recommended the state move away from criminalising begging and instead adopt a welfare approach. Jessica was failed by many systems, but particularly by police who criminalised her for begging rather than protecting her from the horrific family violence that forced her into that situation and ultimately took her life.
We know that begging is a symptom of poverty which can often be driven by family violence, mental health challenges and substance use disorders. A law-and-order response does not address the root cause of what is ultimately a welfare and social services issue. People need access to critical support services, stable housing, food security and to not be criminalised for basic needs.
Alongside the decriminalisation of begging, the Carroll Government yesterday announced a $27.8 million investment into addressing homelessness and increasing outreach and support capacity. We strongly encourage the Carroll Government to ensure that funding is appropriately and adequately allocated to Aboriginal organisations who are already delivering fantastic outcomes to Aboriginal Victorians experiencing or at risk of homelessness.
Also within this Bill are reforms that VALS is strongly opposed to, including coercive control and family violence intervention order own motion powers. Fundamentally we do not see these reforms as achieving the policy intent of keeping our women safe, instead it risks further criminalisation, misidentification and systems abuse. We implore the Carroll Labor Government to invest in self-determined specialist family violence services and supports including legal assistance so we can support our women and young people experiencing family violence.
Quotes Attributable to Nerita Waight, CEO of the Victorian Aboriginal Legal Service:
“VALS welcomes this long-awaited reform to decriminalise begging, it is overdue. It was a key recommendation from the Royal Commission into Aboriginal Deaths in Custody 35 years ago, and VALS has been advocating for this reform for decades.
This offence is an outdated remnant of colonial laws and has already been removed from legislation in NSW, the ACT and Western Australia. This offence has been criticised for being unfair, unclear and potentially unconstitutional. A state which punishes and criminalises those most vulnerable is not progressive, it is punitive and cruel.
We commend all parties who supported this amendment to ensure it becomes law and extend our thanks to Rachel Payne for her leadership and advocacy in bringing this amendment.
Legislative reform on its own is not enough and we call on the Carroll Labor Government to commit additional investments in housing and homelessness supports, family violence supports, AOD and mental health supports and Aboriginal led programs and supports for individuals and families as we continue to navigate through a dire cost of living crisis.
The decriminalisation of public intoxication three years ago provides a clear blueprint for the government to successfully navigate the decriminalisation of begging. VALS has borne witness to the incredible impacts in community when Aboriginal-led responses to health and welfare issues are supported by government, like the hugely successful Aboriginal-led public intoxication response which is now being expanded.”