Australian Crime Commission (South Australia) (Examinations) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 23 September 2014.)

The Hon. A.L. McLACHLAN (16:35): I rise to speak to the Australian Crime Commission (South Australia) (Examinations) Amendment Bill. The examination provisions of the Australian Crime Commission Act permit that:

counsel assisting the examiner...[or] any person authorised by the examiner...[or] any legal practitioner representing a person at the examination...may...examine or cross-examine any witness on any matter that the examiner considers relevant to the [Australian Crime Commission]...investigation.

The examination provisions contained in schedule 2 of the Independent Commissioner Against Corruption Act were adopted and mirror the examination provisions contained in the Australian Crime Commission Act. However, the words 'or any other investigation' were added at the end to increase the permissible scope as to what an ICAC examiner may ask questions about. It was suggested that this same provision should also be incorporated into the Australian Crime Commission Act, and so schedule 3 part 2 of the Independent Commissioner Against Corruption Act added a similar provision to section 18 subsection (6) of the Australian Crime Commission (South Australia) Act.

In November 2013, however, the Australian Crime Commissioner wrote to the government to request that this amendment be removed because it is not consistent with the commonwealth or other states' acts. Therefore, the passing of this bill is necessary in order to give effect to the request made by the Crime Commission and to ensure that the Australian Crime Commission (South Australia) Act remains consistent with its commonwealth and state counterparts. Therefore, the Liberal Party supports this amendment, having regard to the matters I have raised.

Whilst I am on my feet, I will take the opportunity to briefly reflect on the ICAC and its operations in our state. The creation of the ICAC necessitated the removal from our citizens of certain basic rights. This was balanced against a need for a body that would assist in restraining the influence of organised crime and one that tackles systematic corruption. All of us in this chamber should take a keen interest in the work of the commission, for it can be argued that we in this chamber are the last line of defence for the rights of the individual.

The balancing between individual rights and an effective organisation that can tackle serious criminality should not be seen as a once-off decision by this parliament. Rather, we have a duty to our citizens to constantly question whether we have the balance right and whether we continue to need such an organisation.

I take comfort from the constitution of the Crime and Public Integrity Policy Committee to oversee the work of the commission. I consider it to be one of the most important committees in this parliament. Its deliberations are essential to ensure that the work of the commission justifies the removal of individual liberties.

I will follow with interest the work of the committee and, as the people of South Australia would expect of me, continue to question and debate the role of the ICAC in a liberal democracy. I hope that in this process of ongoing monitoring and review we will continue to keep faith with our citizens' expectations of us to not only ensure their safety but also protect their liberty. The Liberal Party supports the amendment and commends the bill to the council.

Debate adjourned on motion of Hon. J.S.L. Dawkins.