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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2012-05-17 Daily Xml
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STATUTES AMENDMENT (CRIMINAL INTELLIGENCE) BILL

Final Stages

The Legislative Council agreed not to insist on its amendments to which the House of Assembly had disagreed, and made the alternative amendments in lieu thereof as indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly.

New Part, page 4, after line 23—After clause 9 insert:

Part 5A—Amendment of Police Act 1998

9A—Insertion of section 74A

After section 74 insert:

74A—Special provisions relating to criminal intelligence

(1) The Commissioner must establish guidelines in relation to the assessment of information that is being considered for classification as criminal intelligence and the management of criminal intelligence.

(2) The Commissioner must ensure that records are kept in relation to the use of criminal intelligence.

(3) The Commissioner must ensure that records referred to in subsection (2) would enable the following information to be determined for each period in relation to which a review is conducted under this section:

(a) the number of matters in relation to which criminal intelligence was used during the period;

(b) the number of individual pieces of criminal intelligence used in relation to each such matter;

(c) the relevant statutory provision for each such matter.

(4) The Attorney General must, before 1 July in each year (other than the calendar year in which this section comes into operation), appoint a retired judicial officer to conduct a review on—

(a) the effectiveness of the guidelines established under subsection (1); and

(b) the use of criminal intelligence,

during the period of 12 months preceding that 1 July.

(5) The Commissioner must ensure that a person appointed to conduct a review is provided with such information as he or she may require for the purpose of conducting the review.

(6) A person conducting a review has, in so doing, the powers of a commission of inquiry under the Royal Commissions Act 1917 (and any obligations under an Act to maintain the confidentiality of information do not apply with respect to the provision of such information to the person conducting the review).

(7) A person conducting a review must maintain the confidentiality of criminal intelligence provided to the person.

(8) A report on a review must be presented to the Attorney General on or before 30 September in each year.

(9) The Attorney General must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament.

(10) In this section—

criminal intelligence means information classified by the Commissioner, in accordance with the provisions of any other Act, as criminal intelligence;

judicial officer means a person appointed as a judge of the Supreme Court or the District Court or a person appointed as judge of another State or Territory or of the Commonwealth.

Long title—After 'Liquor Licensing Act 1997;' insert:

the Police Act 1998;

Consideration in committee.

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

That the Legislative Council's alternative amendments be agreed to.

Ms CHAPMAN: I indicate that is the case. We did go into a deadlock conference on this issue and, I think after careful consideration and wise deliberation, there has been an agreement reached. I am certainly pleased, and I think members of the Legislative Council also are pleased that this is resolved.

In a nutshell, from the opposition's perspective, the use of criminal intelligence is acknowledged as necessary. The abuse of it needs to be protected against and the resolution of this matter I think is a sensible compromise.

The Hon. J.R. RAU: I endorse the gracious words of the member for Bragg, and she stands in stark contrast to others who find gracious remarks more complex.

Motion carried.


At 18:11 the house adjourned until Tuesday 29 May 2012 at 11:00.


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