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Victoria's Graffiti Management

In response to community concern about graffiti, the Victorian Government has developed a graffiti management strategy that includes the introduction of graffiti-specific legislation, as well as the expansion of existing and development of new graffiti prevention and removal initiatives.

The central component of the strategy is the Graffiti Prevention Act 2007 (the Act) which identifies the illegal marking of graffiti as a crime in its own right attracting tough fines and prison time, gives police greater powers to search for and seize graffiti-related items and a provides a process for councils to remove graffiti from private property.

The Act commenced in two stages:

• on 17 April 2008 all of the Act commenced except those provisions establishing the restriction on the sale of spray paint cans to minors
• on 30 June 2008 the restriction on the sale of spray paint cans to minors (ss. 10, 11(2) and 11(5)) commenced.

 The Victorian graffiti management strategy will help to:

• prevent graffiti from recurring
• remove and clean-up existing graffiti
• enforce graffiti laws and use technology to help deter and detect graffiti offenders.

The strategy supports key priorities in 'Growing Victoria Together: A Vision for Victoria to 2010 and Beyond' which aim to improve feelings of safety in the community, reduce fear of crime and support the building of friendly, confident and safe communities in Victoria.

Community concerns about graffiti

Graffiti is used to describe any form of writing, drawing, marking, scratching or otherwise defacing property by any means so that the defacement is not readily removable by wiping with a dry cloth. Some graffiti is legal (for example, a mural painted by street artists at the express invitation of a council), but mostly it involves markings applied to a surface without the property owner’s consent.

The State Government’s graffiti management strategy is concerned with illegal graffiti that is marked on property without the owner’s consent.

Community concerns about graffiti include:

• Cost of graffiti clean-up  The estimated cost of graffiti clean-up across Australia in 2003 was $300 million a year. The cost of graffiti is passed on to the community through higher service costs, insurance premiums and council rates.
• Community perceptions of safety  In the Australian Bureau of Statistics’ 2005 household survey on crime, 26 per cent of Victorians identified graffiti and vandalism as the third most important problem in their neighbourhood after dangerous driving and theft from homes.
• Community perceptions of social decline  In ‘broken windows theory’, graffiti in a neighbourhood signals that the authorities (such as police and local councils) and residents are not in control or concerned about the area. This encourages further criminal activity which leads to economic decline and social instability.
• Potential harm to graffiti offenders  Graffiti offenders are potentially exposed to noxious chemicals through their use of aerosol paint, especially if personal safety measures are not taken. The quest to mark graffiti on hard-to-reach locations, including moving trains, drains and the exteriors of buildings, exposes them to injury and even death.

 

Disclaimer

This website is provided for general information only. The information provided on this website does not constitute legal advice. The State of Victoria does not represent or warrant that this website is accurate, authentic or complete. You should assess whether the information is accurate, authentic or complete and where appropriate, seek independent professional advice.