Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (17:37): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading it.

Leave granted.

The Statutes Amendment (Attorney-General's Portfolio) Bill 2017 makes amendments to various Acts to rectify minor errors and deficiencies that have been identified in legislation.In administering legislation, it is common to have agencies and interested parties raise administrative and legal issues that they have encountered. It is more efficient to deal with routine issues in a single omnibus Bill than in separate Bills for each Act.

Specifically, the Bill makes the following amendments:

Cross-border Justice Act 2009

The cross-border justice scheme provides for a coordinated approach to criminal justice in the Ngaanyatjarra Pitjantjatjara Yankunytjatjara (NPY) lands, allowing each participating jurisdiction to extend the geographical area in which its laws can operate. Under this scheme, correctional facilities and youth training centres are regulated according to the laws that apply in the state in which the facility is located. This prevents the facilities from having to apply a different set of rules to each person who is detained depending on where he or she committed the offence, was arrested, or ordinarily resides.

The Youth Justice Administration Act 2016, which provides mechanisms for the establishment and proper administration of youth training centres in this State, commenced on 1 December 2016.

The Bill makes a consequential amendment to the Cross-border Justice Act 2009 as a result of the commencement of the Youth Justice Administration Act. The amendment provides that the Youth Justice Administration Act applies to youths detained in South Australia but does not apply to youths detained in other participating jurisdictions.

Justices of the Peace (Miscellaneous) Amendment Act 2016

The Bill makes minor amendments to the Justices of the Peace (Miscellaneous) Amendment Act 2016, which has received Royal Assent by His Excellency the Governor but has not commenced.

The Judicial Conduct Commissioner Act 2015 established a comprehensive system for dealing with complaints against judicial officers. It amended the Justices of the Peace Act in relation to the suspension and removal of special justices, who hold judicial office. As a result, section 10A of the Justices of the Peace Act empowers the Governor to suspend or remove special justices from office and section 11, which makes provision for taking disciplinary action against justices of the peace, no longer applies. The Judicial Conduct Commissioner Act commenced on 5 December 2016.

On 21 September 2016 the Parliament passed separate amendments to the Justices of the Peace Act through the Justices of the Peace (Miscellaneous) Amendment Act. The Justices of the Peace (Miscellaneous) Amendment Act transfers the power to take disciplinary action against a justice of the peace, other than a special justice, from His Excellency the Governor to the Attorney-General. An inconsistency occurred because when the Justices of the Peace (Miscellaneous) Amendment Act was passed by the Parliament it did not take into account amendments made to section 11 by the Judicial Conduct Commissioner Act that, at the time, were yet to commence.

The Bill will correct any inconsistencies to enable the Justices of the Peace Act to operate as was intended by the Parliament.

Real Property Act 1886

The Aboriginal Land Trusts Act 2013 amended section 6 of the Real Property Act 1886 to update and clarify its wording. It is possible that this amendment had unintended consequences for the priority of interests in land. Therefore, the Bill amends the Real Property Act to return section 6 to the form in which it was originally enacted and to clarify that it should be taken to have never been amended.

Surveillance Devices Act 2016

The Surveillance Devices Act 2016 currently prescribes the Police Ombudsman as the review agency for SA Police. The review agency has functions under the Act to inspect the records of investigating agencies, in this case the records of SA Police.

The Police Complaints and Discipline Act 2016 created a new complaints scheme that resulted in the closure of the Police Ombudsman from 4 September 2017. The Police Complaints and Discipline Act made consequential amendments to a number of statutes to transfer the functions and powers of the Police Ombudsman to other agencies, however a consequential amendment to the Surveillance Devices Act was overlooked.

The Bill removes the Police Ombudsman as the review agency for SA Police and replaces it with 'the reviewer under Schedule 4 of the Independent Commissioner Against Corruption Act 2012'. This is consistent with the review agency for SA Police under the Listening and Surveillance Devices Act 1972, which the Surveillance Devices Act will replace.

The Honourable Kevin Duggan AM, QC has been appointed as the reviewer under Schedule 4 of the Independent Commissioner Against Corruption Act until 4 March 2020.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal.

Part 2—Amendment of Cross-border Justice Act 2009

3—Insertion of section 108A

Section 108A (Application of Youth Justice Administration Act 2016) is inserted with the effect that the Youth Justice Administration Act 2016 does not apply to persons detained in a detention centre in another participating jurisdiction.

4—Insertion of section 117A

Section 117A (Application of Youth Justice Administration Act 2016) is inserted with the effect that the Youth Justice Administration Act 2016 does apply to persons detained in a detention centre in the State under the Division.

Part 3—Amendment of Justices of the Peace (Miscellaneous) Amendment Act 2016

5—Substitution of section 8

This clause amends an amending Act: the Justices of the Peace (Miscellaneous) Amendment Act 2016. Section 8 of the amending Act (Amendment of section 11—Disciplinary action, suspension and removal of justices from office) is amended, clarifying that section 11 of the Justices of the Peace Act 2005 does not apply to special justices and reflecting that action is to be taken under that section by the Attorney-General rather than the Governor.

Part 4—Amendment of Real Property Act 1886

6—Substitution of section 6

Section 6 is substituted with section 6 (Laws inconsistent not to apply) and section 6A (Effect of section 6). New section 6 is in fact a reinstatement of a version of section 6 that existed immediately before the commencement of the Aboriginal Lands Trust Act 2013. New section 6A clarifies that section 6 has effect as if Schedule 1 Part 4 of the Aboriginal Lands Trust Act 2013 had never come into operation.

Part 5—Amendment of Surveillance Devices Act 2016

7—Amendment of section 3—Interpretation

This clause updates the definition of review agency, in the case of SA Police, as meaning the reviewer under Schedule 4 of the Independent Commissioner Against Corruption Act 2012.

Debate adjourned on motion of Hon. D.W. Ridgway.