Bills

Statutes Amendment (Vulnerable Witnesses) Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 4, page 3, after line 20—After subclause (2) insert:

(3) Section 50B(2), definition of sexual offence—after paragraph (e) insert:

(ea) an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or

No. 2. Clause 5, page 4, after line 15—After subclause (2) insert:

(2a) Section 4, definition of sexual offence—after paragraph (da) insert:

(db) an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or

No. 3. Clause 21, page 17, after line 6—After subclause (2) insert:

(3) Section 48B(2), definition of sexual offence—after paragraph (e) insert:

(ea) an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or

No. 4. Clause 26, page 19, after line 28 [clause 26, inserted section 74EA(2), definition of sexual offence]—

Insert:

(fa) an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or

No. 5. Clause 32, page 23, after line 3—After subclause (2) insert:

(3) Section 126A(2), definition of sexual offence—after paragraph (e) insert:

(ea) an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or

Consideration in committee.

The Hon. J.R. RAU: I move:

That the Legislative Council's amendments be agreed to.

The amendments from the Legislative Council are agreed to, and I would like to thank the parliament and all of those people who have participated over some period of time in the conversation about this matter and the very hard work that has gone into finding the very difficult balance between improving the access that people with disabilities have to the justice system on the one hand and providing for the basic fair trial expectations that all of us have, particularly in criminal matters.

This is a very important day, I think, for South Australia. I think this actually marks an occasion where, as used often to be the case in the past, we are at the forefront of national thinking and national reform in this area. I would particularly like to thank, from the Attorney-General's Department, Ruth Ambler and her team (although, unfortunately, she has moved to another place, nowhere near as good at the Attorney-General's Department but still in government). Can I say that she and her team did a fantastic job.

Can I also thank all of the disability sector people who participated in all the extensive consultations about this matter. I think at the beginning they might have thought this was something that should have been treated with some scepticism but I think, over time, they came to accept that this was a genuine and sincere effort by the government to make sure that, to the extent legislation is capable of doing so, some of the horrors of the past are never repeated.

Can I thank the opposition, by and large, for their assistance and agreement with this matter. I think it has been very helpful. Of course, I thank Kelly Vincent, from the other place (who appears to be much closer than usual just at the present time), for her involvement in and engagement with this process and her support in getting this through.

I think it is really important that people in the disability area appreciate that the parliament is genuinely trying to be of assistance and genuinely trying to do its best to give those who have perhaps not had a voice in the justice system, a voice that they should have. Let us hope that we have struck the right balance. Let us hope that we get it right. Ultimately, this will be a matter that we will be all monitoring with some interest over the months and years to come, but I think it shows every sign of being a very ground-breaking initiative by the Parliament of South Australia and I think it is one of which we should all be very proud.

Ms CHAPMAN: I indicate that the opposition also welcomes the return of this bill, with some minor amendments which have been incorporated to deal with the definition of 'sexual offence'. Whilst they are minor, it is the passage of this legislation generally that is momentous. Certainly, it is a result of the work done on the Disability Justice Plan, which was implemented back in 2011, through the initiative and drive of the Hon. Kelly Vincent who, I think, should be recognised today for her continuous advocacy for some reform in this area.

There is much yet to be done, but in respect of the novel aspect of this legislation, in the introduction of a new definition of dealing with vulnerable witnesses in respect of a cognitive impairment and the approach for the allowance of admission into evidence of audiovisual records and most significantly the provision of parties who can be a representative for the person with a cognitive disability, and the general provision for having a communication assistant.

All of that is yet to be determined. It does require, for it to be enduring, that there will be a responsible application of this by the courts. There is absolutely no reason to doubt that that will not be the case but, unquestionably, when such breadth of discretion is allowed in these circumstances, and it is more novel in respect of the usual rules of evidence, it will require that, and I have every confidence that the judiciary will act in that manner.

It should not be forgotten that this legislation also deals with amendments to the Evidence Act in the repeal of section 34CA, which it is fair to say has been problematic in dealing with the hearsay rule, and we certainly hope that the passage of this bill will bring an end to some of the frustration that has been endured as a result of the interpretation of that section. So we commend the passage of the bill and thank those in another place for their assessment and improvement with the minor amendments.

Motion carried.