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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2017-09-26 Daily Xml
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Statutes Amendment (Attorney-General's Portfolio) (No 2) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 9 August 2017.)

Ms CHAPMAN: I indicate that the opposition supports the bill. I have received notice this morning of an amendment foreshadowed by the Attorney-General with an explanatory paragraph from a policy adviser from the department. I do not fully understand what that means, but obviously it deletes the Police Ombudsman. It proposes the review agency. I am not quite sure how that comes about, but perhaps that can be explained. Otherwise, I indicate that we are supporting the bill.

The Hon. J.R. RAU: First of all, can I thank the deputy leader for her indication of support; it is very much appreciated. I will do my best to provide now an explanation for the amendment. If there is any further issue that I can help the deputy leader with, I am more than happy, obviously, to try to attend to that during the committee stage.

The amendment to the Surveillance Devices Act is to address a technical oversight. The act received a royal assent on 23 February 2016 but is yet to come into operation. That act currently prescribes the Police Ombudsman as the review agency for South Australia 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 the consequential amendments to a number of statutes to transfer the functions and powers of the Police Ombudsman to other agencies, but a consequential amendment to the Surveillance Devices Act was overlooked. Amendment No. 1 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. The Hon. Kevin Duggan AM QC has been appointed as the reviewer under schedule 4 of that act until 4 March 2020. The amendment is consistent with the review agency for SA Police under the Listening and Surveillance Devices Act 1972, which the Surveillance Devices Act will replace.

Bill read a second time.

Committee Stage

In committee.

The CHAIR: We need to advise the committee that as Chair I will be making a clerical change to include 'No. 2' in the short title. Is everyone okay with that? It is to distinguish it from other bills with similar names. Apparently, you like to name bills in a similar fashion.

Clauses 1 to 6 passed.

New clause 7.

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

Amendment No 1 [AG–1]—

Page 3, after line 34—After clause 6 insert:

Part 5—Amendment of Surveillance Devices Act 2016

7—Amendment of section 3—Interpretation

Section 3(1), definition of review agency, (a)—delete 'the Police Ombudsman' and substitute:

the reviewer under Schedule 4 of the Independent Commissioner Against Corruption Act 2012

New clause inserted.

Title passed.

Bill reported with amendment.

Third Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (20:22): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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