Summary Offences Amendment (War Memorials and Other Protected Places) Bill 2024

By Greg Warren MP

13 February 2025

Mr GREG WARREN (Campbelltown) (12:28): I am delighted to contribute to debate on the Summary Offences Amendment (War Memorials and Other Protected Places) Bill 2024, which is a private member's bill. I acknowledge the member for Hawkesbury for bringing it to the Legislative Assembly. I do not think any member in either House of this Parliament is anything less than sickened and disgusted when our memorials are defaced or damaged. As the member for Oxley made clear, war memorials are very important places—and not just for fellow veterans and ex-service personnel. They are special places for people with friends and family who have served in the armed forces. They are particularly special when remembering those who left us in the theatre of war or who passed away later. Many of my friends visit memorials. For many widows of veterans, war memorials are a place of solace where they like to go to remember a partner who has passed, whether during a conflict or after.

I draw members' attention to my area. My good friend Minister Chanthivong will be aware of "Dasher" Wheatley's memorial in Mawson Park. It is a particularly special memorial—one of a number in Mawson Park. I commend Campbelltown City Council for its progressive approach to honouring and providing memorials for all our veterans. I know the council has plans for future memorials, not just because it is the right thing to do but because we have a rich and proud history in Campbelltown and the Macarthur region. The Kangaroo March of World War I passed the area where Mawson Park is now, and marchers gathered at what is now Waminda Oval. It was a gathering and staging area for our soldiers destined for Egypt and other theatres of war throughout the Middle East and Europe during World War I. To the south of Campbelltown, anyone who has ever had the privilege of going to the Menangle Park races will know that the ramp there was used to load horses onto the trains that were bound for Beersheba and the last charge of the gallant Light Horse.

I apologise to the House for giving a personal example, but I am trying to emphasise the significance and importance of these memorials to me. I accept that the member for Hawkesbury has good reasons for bringing this bill before the House. I was once a member of the board of trustees for the Anzac Memorial and I believe the member for Hawkesbury represents the Opposition leader on that board. It is a very good and constructive board. It has had its challenges, as the member knows, but I trust that it is working through them. When I had the privilege of being the shadow Minister for Veterans, I took a very nonpartisan and bipartisan approach to the issues involved. With the consent and support of my colleagues, the then Opposition wrote a submission to the Royal Commission into Defence and Veterans Suicide. We were on the same page as the then Government. We said, "Yes, let's have this royal commission, but the last thing veterans want to hear is another talkfest that costs a lot of money and results in nothing. What is the point of that?" I did a lot of work with the then Minister, David Elliott. There were a few Ministers during that time, which is ultimately irrelevant, but they were all very passionate about New South Wales veterans being heard and considered.

As to the Pool of Reflection, I understand what the member for Hawkesbury is trying to achieve with her amendment but I am advised that the Pool of Reflection is a structure on the land described in the schedule to the Anzac Memorial (Building) Act 1923 and thus already falls within the definition of a war memorial. I say that very respectfully. I simply draw attention to the letter of the law. I am also advised that under section 8 (2) of the Summary Offences Act, it is an offence punishable by a fine of up to 40 penalty units to wilfully damage or deface any protected place. Under section 8 (3), it is also an offence punishable by a fine of up to 20 penalty units to commit any nuisance or any offensive or indecent act in, on or in connection with any war memorial or interment site. A protected place is defined in section 8 (1), as including:

… a shrine, monument or statue located in a public place, and (without limitation) includes a war memorial or an interment site.

A war memorial is defined as:

… a war memorial located in a public place, and (without limitation) includes—

(a) the Anzac Memorial in Hyde Park, Sydney, being—

(i) the memorial building referred to in the Anzac Memorial (Building) Act 1923, and

(ii) the land described in the Schedule to that Act, and

(iii) any other structure on that land, and

(b) any other place prescribed under subsection (4) as a war memorial for the purposes of this section.

I believe adequate measures are in place at this time. However, if any amendments are requested by veterans in the future, I believe we should act appropriately. I am advised that veterans are comfortable with the adequacy of the measures that are in place under the existing laws of the State. However, I reiterate that if there is a request, the Government and the relevant Ministers—whether that be the Attorney General or the Minister for Veterans— will give it the attention it deserves. I mentioned earlier that I had the privilege of serving as shadow Minister for Veterans, and I recall this matter coming up in a previous term of Parliament when the Hon. David Elliott was the Minister. I enjoyed a good working relationship with the former Minister to ensure that we took a nonpartisan approach to all issues concerning veterans. Why? It is because veterans dislike nothing more than politicians using veterans' service for their own political benefit.

I had the privilege of serving my country for 10 years in the Royal Australian Infantry and Royal Australian Corps of Transport in the Australian Army. I remember that a member of Parliament visited the battalion for a few photos. We joked in the boozer afterwards that, "They only rock up to get a photo with us because we do something they would never do." That was a bit of a boozy yarn. Of course, I have gained wisdom with age and I now know there are many members of Parliament—including you, Mr Temporary Speaker—who are good, decent people who would do anything to serve their country with dignity and respect. I know that those who did not serve their country as we veterans had the privilege of doing are equally devoted to the dignity and respect of our veterans and those who serve our nation.

The bill proposes three key amendments. First, it seeks to amend the definition of "war memorial" to include the Pool of Reflection. As I said earlier, that is adequately addressed through law at this time. Secondly, the bill seeks to increase the penalty for the offence under section 8 (2) from 40 penalty units to 50 penalty units or imprisonment for two years, or both. Again, I accept the proposal for stronger laws, but I am advised that there are adequate measures in the Act at this time. [Extension of time]

I thank the House for its indulgence. I reiterate that if matters arise and there is a requirement to increase those penalty units, then that should happen. If any charges are requested and required in the future, we should make them. I know that this Parliament will give that due consideration. Thirdly, the bill changes the regulation-making power contained in section 8 (4) of the Act that allows a place to be prescribed as a war memorial, to one that allows sites to be excluded by the regulations. Again, respectfully, I am advised that this is adequately covered at this time. But, as I have repeatedly said, if further amendments are required in future, then that is precisely what this Parliament should do. I acknowledge the passion of the Temporary Speaker on this issue. I share that same passion, as do many veterans and communities.

We had one incident in Campbelltown—and I defer to my colleague the member for Macquarie Fields, a former mayor of Campbelltown. The only incident that I can recall was at the cenotaph in Mawson Park. I commend our community for their respect towards it. I am advised that when police investigated the matter, it was found that the perpetrators did not live in the Campbelltown region. That said, it was still a disappointing and disgusting circumstance we found ourselves in. Campbelltown City Council had recently done the monument up and the next day was Anzac Day. People had to work through all hours of the night to get it ready. The hurt and disappointment we felt was pretty bad.

I mention the current application of section 8 to conduct. In recent years people have been charged under section 8 (2) of the Act for wilfully damaging or defacing any protected place in various locations. Again, my good friend the member for Macquarie Fields has advised me that the Ingleburn railway station in his electorate was part of those considerations, as were Fitzroy Gardens, the El Alamein Fountain and the Boer War Memorial. Those are some examples which formed the motivation. I am advised that all of those perpetrators were apprehended and were hit with the full force of the law.

The Government is currently reviewing the relevant Acts to see what amendments can be made. I respectfully say to the shadow Minister for Veterans, when I had the privilege of being the shadow Minister for Veterans, I found engaging with the Minister and the Government very useful. We know that matters around veterans are not of a political nature; they are of a very serious nature. It is about the outcome. By having that engagement with the Ministers at that time, we were able to make sure we had provisions in place—particularly when the memorial was getting done up, which had various complications.

In conclusion, the good, caring and respectful people of New South Wales and I want those minority groups who have decided that it is smart to deface, defame, damage or vandalise any of our memorials to think about this: It may just be a piece of rock to you, but it is a place of remembrance for people who have loved ones who are no longer here. It honours the people who served and fought for the freedom you have to wander the streets. Take that into account because, if you do not, you will be met with the full force of the law. I thank the House.