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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2012-09-05 Daily Xml
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EVIDENCE (REPORTING ON SEXUAL OFFENCES) AMENDMENT BILL

Introduction and First Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Business Services and Consumers) (15:42): Obtained leave and introduced a bill for an act to amend the Evidence Act 1929. Read a first time.

Second Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Business Services and Consumers) (15:43): I move:

That this bill be now read a second time.

This bill amends section 71A of the Evidence Act 1929 to allow a person to make an application to the court for a publication order. The court will be able to lift or vary the restriction on publication of the name of a person accused of a sexual offence, or information about the evidence or proceedings, if it is satisfied that to do so would assist in an investigation of an offence or it is otherwise in the public interest to do so. I seek leave to have the remainder of the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Publication of information by which the identity of an alleged victim is revealed, or from which the identity of an alleged victim might reasonably be inferred, remains prohibited by section 71A(4). The only exception to this prohibition is if a judge authorises such publication, or if the alleged victim consents to such publication; but no such authorisation or consent can be given if the alleged victim is a child.

The amendments require the court to make an initial assessment of an application for a publication order to determine whether the applicant has a proper interest in the question of whether the order should be made. If, in the opinion of the court, the applicant does have a proper interest, then the applicant, a party to the proceedings in which the order is sought, a representative of a newspaper or a radio or television station, and any other person who has a proper interest in the question of whether an order should be made, will be permitted to make submissions and, with permission of the court, call evidence in support of the submissions.

This Bill adopts one of the Hon. Brian Martin AO QC's recommendations from his Honour's 2011 report into the operation of section 71A. The Hon. Brian Martin AO QC also recommended the repeal of section 71A(1) and (2), but it was noted that these recommendations represented his personal views and that there is no 'right' answer and opinions can legitimately and reasonably vary.

The majority of the submissions made to the Hon. Brian Martin AO QC supported the retention of section 71A(1) and (2) in at least some form. Some confidential submissions to the review provided detailed accounts of the detrimental effect that the publication of allegations of sexual offending had had on the accused and his or her friends and family. These stories were not only from accused persons, but from friends and family members who had experienced harassment, prejudice and threats even despite an eventual finding of not guilty, or the dropping of the charges.

The Government is well aware that the breadth, speed and accessibility of reporting now available by electronic media make it necessary to review the whole issue of suppression laws, and this is currently being undertaken at a national level. Given that those discussions are taking place, and that submissions to the review were generally supportive of retaining section 71A in some form, it is reasonable at this time to take a conservative approach to reform. The amendments will provide some flexibility to the existing law.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Evidence Act 1929

4—Amendment of section 71A—Restriction on reporting on sexual offences

This clause proposes to amend section 71A of the Evidence Act 1929 to provide that if an accused person has not consented to the publication of material under subsection (1) or (2), the court may, on application, make an order (a publication order) that the restriction on publication under subsection (1) or (2) be varied or removed altogether.

To make a publication order, the court must be satisfied that to do so may assist in the investigation of an offence or is otherwise in the public interest.

An application for a publication order may be made by any person who has, in the opinion of the court, a proper interest in whether an order should be made, and submissions on the application may be made by any of the following:

(a) the applicant for the publication order;

(b) a party to the proceedings in which the order is sought;

(c) a representative of a newspaper or a radio or television station;

(d) any other person who has, in the opinion of the court, a proper interest in the question of whether an order should be made.

Debate adjourned on motion of Mr Griffiths.

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