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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-04-09 Daily Xml
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STATUTES AMENDMENT (ATTORNEY-GENERAL'S PORTFOLIO) (NO. 2) BILL

Committee Stage

In committee.

Clauses 1 to 6 passed.

New clause 6A.

The Hon. A. PICCOLO: On behalf of the Attorney-General, I move:

Page 4, after line 22—insert:

6A—Amendment of section 10—Sentencing considerations

Section 10(2)—after paragraph (d) insert:

(e) in the case of an offence involving a firearm—the need to protect the safety of the community by ensuring that paramount consideration is given to the need for general and personal deterrence.

This amendment reinserts section 10(3)(a) of the Criminal Law (Sentencing) Act 1998, introduced by the Statutes Amendment (Serious Firearms Offences) Act 2012, which was unfortunately and unintentionally removed when the Criminal Law (Sentencing) (Guilty Pleas) Amendment Act 2012 came into operation on 11 March 2013. The provision ensures that paramount consideration is given to the need for general and personal deterrence in sentencing, emphasising the need for public protection from the use of firearms.

Ms CHAPMAN: The government agrees that it was an accidental removal and agrees that it should be remedied by this amendment.

New clause inserted.

New clauses 6B and 6C.

The Hon. A. PICCOLO: On behalf of the Attorney-General, I move:

Page 4, after line 23—Insert:

6B–Amendment of section 11—Chief Judge

Section 11(3)—delete subsection (3)

6C—Insertion of section 11AA

After section 11 insert:

11AA—Acting Chief Judge

This amendment comes in response to concerns raised by the Chief Judge that there is no provision for an acting chief judge in the event that the office of the chief judge becomes vacant. Currently, the District Court Act 1991 makes provisions for an acting chief judge only if the chief judge is absent. In the absence of the chief judge the District Court Act 1991 currently provides that the responsibility for the administration of the court devolves on a judge appointed by the Governor to act or, if no such appointment is made, on the most senior of the other judges who is available to undertake the responsibility. Insertion of 11AA merely extends this to circumstances where the office becomes vacant.

Ms CHAPMAN: I have a couple of questions on this. We have a proposed provision here that if no such appointment is made then it is the most senior of the other judges who is available to undertake those responsibilities. My question is: is the seniority determined by the time served by the judge, the age of the judge, the qualifications, or is there some other manner in which that is identified?

The Hon. A. PICCOLO: I am advised that it is by time served.

Ms CHAPMAN: It was noted that during the debate on the appeals bill the Attorney-General's office provided advice that there was no seniority rule in South Australia, so my question is: is this the only reference to appointment, which I appreciate is in default, based on seniority?

The Hon. A. PICCOLO: I have to take that question on notice and get back to the member.

New clauses inserted.

Clauses 7 to 19 passed.

New clause 19A

The Hon. A. PICCOLO: On behalf of the Attorney-General, I move:

Page 9, after line 4—Insert:

Part 9A—Amendment of Spent Convictions Act 2009

19A—Amendment of section 13—Exclusions

(1) Section 13(3)—delete 'The exclusions' and substitute:

Subject to subsection (3a), the exclusions

(2) Section 13—after subsection (3) insert:

(3a) Subsection (3) does not apply in relation to the operation of clauses 1, 3 and 4 of Schedule 1.

In making arrangements for the commencement of the Spent Convictions (Miscellaneous) Amendment Act 2013 (the amending act) discussions were held with SAPOL. Through these discussions it came to the department's attention that, once the amending act commenced, the effect of the amendment would result in a court not being able to have access to a defendant's full criminal history, in particular, convictions where a sentencing court has ordered that no conviction be recorded. It is vital that the courts are aware if an offender has previously been given the benefit of no convictions being recorded, otherwise a court may make this choice in sentencing a second or third time without realising it.

Ms CHAPMAN: The opposition notes that the unintended consequence of this reform is that judicial officers, justice agencies and the Parole Board would no longer be aware when a person had been the subject of a non-recorded conviction. The opposition entirely accepts that these are bodies that should have that information disclosed to them and supports the amendment.

New clause inserted.

Clauses 20 to 23 passed.

New clause 23A.

The Hon. A. PICCOLO: I move:

Page 9, after line 30—Insert:

23A—Substitution of section 10

Section 10—delete the section and substitute:

10—Acting Chief Justice

(1) If—

(a) the Chief Justice is absent or, for any reason, is unable for the time being to carry out the duties of the office; or

(b) the office of the Chief Justice becomes vacant,

the Governor may appoint a puisne judge of the court to be Acting Chief Justice until—

(c) the Chief Justice returns to official duties; or

(d) a person is appointed to the office of the Chief Justice,

as the case requires.

(2) Any power or duty attached to the office of the Chief Justice by or under this or any other Act—

(a) on the appointment of a judge to be Acting Chief Justice—devolves on the judge so appointed; or

(b) if no such appointment is made—devolves (during the absence or inability of the Chief Justice, or until the vacancy is filled) on the most senior of the puisne judges available to undertake those responsibilities.

This is a consequential amendment introducing section 23A and the substitution of section 10—Acting Chief Justice. The explanation is similar to amendment No. 2; this amendment makes provision for an acting chief justice in the absence of the chief justice or if the office of the chief justice becomes vacant.

Ms CHAPMAN: The opposition notes the provision in this case for the acting chief justice procedure that is to apply. We do note that, again here, the reference is to the most senior of the puisne judges, and I assume, from the information provided earlier, that that is on years of service.

The Hon. A. PICCOLO: That is what I understand. If it is incorrect, I will advise the member.

New clause inserted.

Remaining clause (24) and title passed.

Bill reported with amendment.

Third Reading

The Hon. A. PICCOLO (Light—Minister for Communities and Social Inclusion, Minister for Social Housing, Minister for Disabilities, Minister for Youth, Minister for Volunteers) (16:47): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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