Legislative Council: Tuesday, September 06, 2022


Statutes Amendment (Attorney-General's Portfolio) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 2 June 2022.)

The Hon. J.M.A. LENSINK (16:01): I rise to make some remarks in support of this legislation, which I note is probably a companion to the bill that the Attorney-General has just introduced. The particular bill before us at the moment replicates parts of a bill that was introduced by the former Liberal government; however, it does not include the bulk of those provisions which I anticipate are in the bill that has just been tabled.

This bill amends the Bail Act, the Burial and Cremation Act and the Correctional Services Act. In relation to the Bail Act, amendments to sections 6, 7 and 8 to allow the court to prescribe the former bail agreements, guarantees and applications for lease where it is the bail authority. In relation to the Burial and Cremation Act, amendments have been made to remedy inconsistency with the Births, Deaths and Marriages Registration Act in relation to certificates of death. The amendments to section 10 clarify the need for two certificates signed by medical practitioners under section 36(3) of the Births, Deaths and Marriages Registration Act, and the second signed by another medical practitioner in a form approved by the registrar.

In the Correctional Services Act, the bill removes an obsolete reference to part 3, division 4 of the Sentencing Act and substitutes a reference to an offence against part 5, division 2 or 3 of the Controlled Substances Act. The amendment was requested by the former Minister for Correctional Services to rectify an anomaly caused by amendments to the Sentencing Act overtaking the Correctional Services (Accountability and Other Measures) Act in parliament in 2020.

I am pleased to advise that we will be supporting this bill. I guess it is curious that, after the Statutes Amendment (Attorney-General's Portfolio and Other Measures) Bill 2021 passed this place in 2021 with support from the then opposition and all members of the crossbench, we have found ourselves here with the bulk of those provisions missing from this particular legislation.

My learned colleague the member for Heysen in the other place has now introduced a bill, which includes the remaining amendments that were not included in this bill. It might be noted that the government chose, on 1 June 2022—the day the member for Heysen introduced his bill and commenced the second reading debate—to move a motion in the other house to adjourn that debate until November 2022. One opportunity afforded to the Attorney-General as a consequence of that is that there is time for him to consider and take the opportunity to introduce the balance of those measures, which I am assuming he has done today.

As honourable members would be aware, the opposition will be moving an amendment that completes amendments to the Bail Act that were the subject of the 2021 bill by deleting and replacing section 11(6)(c) to more particularly specify the appropriate authority to determine conditions of bail. From the Liberal Party's point of view, this provision completes amendments to the Bail Act. I look forward to the committee stage of the debate.

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:05): I thank the Hon. Michelle Lensink for her comments during the second reading of this debate. I can indicate in summing-up that we will be supporting the amendment being put forward. As the member has rightly assumed, there are many other parts of that bill that are coming in the bill that notice was given of today. I indicate that I look forward to the committee stage and supporting the amendment that the honourable member has put forward.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. J.M.A. LENSINK: A couple of questions, if I may, at clause 1. They are really just questions in relation to the provisions that are now in what I understand is the bill that the Attorney has brought in just 10 minutes ago. Can the Attorney explain why those provisions were not included in this bill?

The Hon. K.J. MAHER: I thank the honourable member for her question. They were split up into the bills in this format. They were done with what the advice suggested were the priorities in the first tranche and with, as the honourable member has pointed out, the second tranche having been given notice of today.

The Hon. J.M.A. LENSINK: It is not much of an explanation, but I will accept it. I am being honest.

The Hon. K.J. Maher: It is the second most sensible thing you have said today.

The Hon. J.M.A. LENSINK: Secondly, in relation to the amendment that I intend to move, which is on behalf of my learned colleague the member for Heysen, is there an explanation as to why that amendment in the Bail Act was not included?

The Hon. K.J. MAHER: That was on advice that that amendment did not have as particular time sensitivity as the ones that are in here, but it does no harm to include it, so we are happy to accept it.

Clause passed.

Clauses 2 to 5 passed.

New clause 5A.

The Hon. J.M.A. LENSINK: I move:

Amendment No 1 [Lensink–1]—

Page 3, after line 12—Insert:

5A—Amendment of section 11—Conditions of bail

Section 11(6)(c)—delete paragraph (c) and substitute:


(c) in any other case—

(i) if the bail authority is a court—without the permission of a judge or magistrate; or

(ii) if the bail authority is a police officer—without the permission of a police officer who is—

(A) of or above the rank of sergeant; or

(B) the responsible officer for a police station.

This amendment clarifies the identity of the relevant bail authority, where a person on bail is seeking approval to travel interstate under section 11, which deals with conditions of bail. It confirms the current practice that where the bail authority is a court, a judge or a magistrate, it may approve interstate travel, and where the bail authority is a police officer, a police officer above a certain rank may approve interstate travel.

The Hon. K.J. MAHER: As I indicated a couple of times, it would have been put in the second bill, so we have no objection to the amendment here.

New clause inserted.

Remaining clauses (6 and 7) and title passed.

Bill reported with amendment.

Third Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:12): I move:

That this bill be now read a third time.

Bill read a third time and passed.