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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-06-08 Daily Xml
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CRIMINAL CASES REVIEW COMMISSION

The Hon. A. BRESSINGTON (15:53): I move:

That this council—

1. Calls on the Attorney-General to move at the next meeting of the Standing Committee of Attorneys-General that the Standing Committee commission an assessment of the value of a national Criminal Cases Review Commission empowered by legislation of participating jurisdictions.

2. Requests that Resolution 1 be forwarded to the Attorney-General.

3. Requests the Legislative Review Committee, in its inquiry on the Criminal Cases Review Commission Bill 2010, to also consider and report on—

(a) alternative approaches to rectifying any identified issues with the reprieve offered by section 369 of the Criminal Law Consolidation Act 1935 and the prerogative of mercy;

(b) the possibility of the establishment of a national Criminal Cases Review Commission as an alternative to a state based Criminal Cases Review Commission; and

(c) any other related matter.

The Hon. R.I. Lucas: Seconded!

The Hon. A. BRESSINGTON: Thank you. I am moving this motion basically as an extension on my summation of the Criminal Cases Review Commission. I know that it was quite unreasonable, if you like, to expect that this particular council would accept such a bill, being that it would be the first of its kind introduced in the country, and understand that there are a number of models to be considered and also to come up with a way to review the bill in the best possible way at a state and national level.

As I expressed last week and again now, I understand the reluctance to commit to the bill as it stands. After all, it is the first of its kind to be introduced, as I said. Together with the expanded terms of reference I have just moved, I am confident that the Legislative Review Committee will thoroughly inquire into the merits of a criminal case review commission and ultimately conclude that as an alternative to the petition process under section 369 of the Criminal Law Consolidation Act 1953 such a commission will be a significant advancement to our criminal justice system, and I look forward to reading its report. I also ask the council to support the motion and to have it sent to the Attorney-General so that it can be taken into consideration in time for the Standing Committee of Attorneys-General at a national level.

Debate adjourned on motion of Hon. J.M. Gazzola.

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