03 May 2010

Registering suspected arsonists

In 'Burning With Indignation: Arson, Law and the 2009 Victorian Bushfires', 15(1) Local Government Law Journal (2009 35-45 I expressed concern about the problematical nature of calls for special penalties regarding bushfire arson and the fuzziness of much of the data on which legislators were ostensibly relying in characterisations such as 'the bushfire arsonist'.

It is clear, for example, that much of the suffering in the recent Victorian bushfires was attributable to 'acts of nature' (or inefficiencies in the maintenance of powerlines) and to land use policies (poor decisions about the location of building in fire-prone areas and about the capacity of roads for evacuating people when serious fires occur) rather than 'pyromaniacs'. The latter may not use a calculus of offence, detection and punishment, therefore not being susceptible to deterrence.

Such concerns have not been embraced by the Commonwealth government, which today announced at the second annual National Forum for the Prevention of Bushfire Arson that it would be "establishing a centralised national database of convicted and suspected arsonists". The basis for inclusion on that register (how suspect is 'suspected') and its use (exclusion of suspected arsonists from service with volunteer bushfire brigades? information shared around town? information mandatorily drawn to the attention of local/state government when the suspected offender moves interstate?) is unclear.

The event "demonstrates the ongoing commitment of Commonwealth, State and Territory Governments to work together to prevent and deter arson through a coordinated and nationally agreed framework". The Commonwealth initiatives are similarly promoted as "important and practical initiatives to promote national collaboration in combating bushfire arson". They include "investing in the development of a 'Bushfire Arson Investigation Course' to build the expertise of arson investigators across the country" and "launching a 'Bushfire Arson Prevention Manual', developed by the Australian Institute of Criminology, to help local communities develop strategies to prevent arson". The latter should be interesting, given the AIC's recognition of the need to be cautious in dealing with figures that result in Ministerial claims that "up to half of all bushfires [are] being deliberately lit or starting in suspicious circumstances".

The new offender/suspected offender database is -
A centralised national database of arsonists will provide local authorities with access to up-to-date information on arsonists which may be used to direct intervention strategies at times of high risk.
The scope of that intervention is unclear. 'Lockem up'? Park a patrol car at the front gate in the hope that Pete the Pyro won't scarper over the back fence with his incendiary toolkit? Quarantine the bored schoolkids?

Who will have access to the database? Will 'suspected' arsonists be able to gain a correction if data is faulty, or signal that they contest the accuracy of data, or even be alerted that inclusion on the register has taken place?