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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2007-10-17 Daily Xml
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VICTIMS OF CRIME (COMMISSIONER FOR VICTIMS' RIGHTS) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 12 September 2007. Page 685.)

The Hon. S.G. WADE (20:33): On behalf of the opposition, I rise to support this bill. The opposition supports the establishment of the commissioner for victims rights. The opposition considers that the legislation is an appropriate development of legislation to support victims. The 1985 United Nations Declaration on the Basic Principles of Justice for Victims of Crime and Abuse of Power identified 17 rights which should be granted to victims. South Australia became one of the first jurisdictions in the world to recognise these 17 basic rights of victims. The Liberal Party introduced the Victims of Crime Act in 2001 which made some of these rights statutory rights under South Australian law. We believe that it is essential that the needs of victims are taken into account in the criminal justice system. While the criminal law involves the state prosecuting crimes on behalf of society as a whole, to the extent that the criminal justice system neglects the impact that a crime has on a victim or victim's family it dehumanises the law and devalues the victims.

In the other place the opposition identified its concerns with new section 16E of the bill which relates to the independence of the commissioner. New subsection (2) provides:

(2) The Attorney-General may, after consultation with the commissioner, give directions and furnish guidelines to the commissioner in relation to the carrying out of his or her functions.

This provision could undermine the independence of the commissioner. If the Attorney-General is able to direct the commissioner in the carrying out of his or her functions it raises the perception at least that the commissioner is not entirely independent. That is not a reflection on the commissioner, merely the legislated role. However, the opposition will not be seeking to amend this section, given the requirement on the Attorney-General to gazette any directions or guidelines he gives to the commissioner and to table them in parliament. We propose to use this parliament to hold the government accountable.

I take this opportunity to express the concern of the opposition in relation to how long it has taken for the government to introduce this bill. The commissioner for victims' rights was first announced by the Premier as an election promise on 16 March 2006—the final week of the 2006 election campaign. The Premier's press release told us, 'Victims are not bystanders to the crime, so they should not be bystanders to the justice process.' Since March 2006, the government has reannounced the commissioner for victims' rights no fewer than four times, but unfortunately, as is often the way with this government, there was no action, just reannouncement after reannouncement. Despite the role of the commissioner being promised in March 2006, it has taken over a year and a half for the government actually to introduce the legislation. In this context, I am reminded of comments earlier this month by Mr O'Connell, the commissioner, in relation to rape law reform. An article in The Advertiser of 3 October states:

Victims' Rights Commissioner Michael O'Connell said the government should not delay the implementation of the legislation. 'I am concerned whenever promises are made to victims, their expectations are raised and then action is delayed.'

This is a comment by Mr O'Connell in relation to rape law reform, but it also applies to the legislation to establish his post. The government has let victims down again by making promises time and again and yet delaying the implementation of those promises. I also do not think that it is good practice to start using the title of an anticipated statutory position. Mr O'Connell was appointed to the non-statutory public office of interim commissioner for victims' rights in October 2006—almost 12 months ago. The appointment was made under section 68 of the Constitution Act. His appointment was gazetted. In government statements, Mr O'Connell was referred to on different occasions as both the commissioner for victims' rights and the interim commissioner for victims' rights. In my view, using the title in anticipation of legislation inappropriately presumes on the judgment of this parliament.

Further, it is unhelpful in that it creates a perception in the wider community that the position has actually been created and that the commissioner is acting under legislation to provide the services anticipated in the government's statements when, in actual fact, the commissioner has no additional power beyond what he or she already had under the 2001 act. This government needs to realise that a press release, or even a barrage of press releases, is not a substitute for action. In conclusion, I reiterate the opposition's support for the bill and express our hope that this bill, and the work of Mr O'Connell in this role, will see real improvements in the circumstances for victims in South Australia.

Debate adjourned on motion of the Hon. R. Wortley.

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