A bill to remove the loophole allowing people who assault emergency workers to avoid a mandatory jail sentence has been welcomed by Tania Maxwell.
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The new Sentencing Amendment (Emergency Worker Harm) Bill was introduced to Victorian Parliament this week following multiple examples of exemptions being granted in Victoria.
Wangaratta-based MP Tania Maxwell has been one of the most vocal in her criticism of the loophole and her efforts to remove discretion for magistrates and judges in the cases of offenders with "special reasons" was narrowly defeated in October.
She said rehabilitation programs should instead be mandated in prison for perpetrators who commit offences while fuelled by drugs or alcohol.
"I would hope that this legislation will send a clear message to offenders that assaults on emergency workers will not be tolerated," she said. "We've seen enough exploitation of the 'special reasons' clause linked to self-induced intoxication or substance abuse."
"It's time that offenders are forced to take responsibility for their actions and I hope these laws act as a warning to others before they decide to use drugs that wreak havoc."
The debate in Parliament began on Wednesday, the same day Albury man Orion Harding was allowed to remain free from jail despite a prosecution appeal over his community corrections order for assaulting two paramedics in Wahgunyah in November 2018.
Judge Damian Murphy acknowledged in court that the Victorian Parliament was introducing tougher legislation, telling the justice system that emergency workers should be protected.
But Harding's case did not come under the new rules because he was charged with assaulting the emergency workers, not causing them injury.
Debate started in the Victorian lower house yesterday, but was adjourned and will continue in two weeks.
Attorney-General Jill Hennessy said the updated bill would clarify the Parliament's intended scope of the laws. "Emergency service workers perform a critical role keeping the Victorian community safe," she said.
"In doing so, emergency workers are routinely required to put themselves in harm's way in the course of performing their duties.
"Violence towards emergency workers in the line of duty is unacceptable and will not be tolerated."
