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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-09-13 Daily Xml
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EVIDENCE ACT REVIEW

The Hon. K.L. VINCENT (15:34): I seek leave to make an explanation before asking the minister representing the Attorney-General a question regarding the Evidence Act and people with severe disabilities.

Leave granted.

The Hon. K.L. VINCENT: In June of last year, public revelations by the Health and Community Complaints Commissioner, Leena Sudano, revealed significant concerns about limitations of the Evidence Act when hearing evidence in court from children and people with severe disabilities. Several cases have been brought to our attention which identified this barrier to justice in the current incarnation of this act.

In The Advertiser on 30 June this year the A-G pledged to release within two months new draft laws on part 34CA of the Evidence Act. In fact, in the same article he said he was hopeful of having a draft bill done within a month or so. Meanwhile, I have requested an urgent meeting with the Attorney-General on this matter without success. More than three months have passed and we are yet to see any draft amendments from the Attorney-General on the Evidence Act. Meanwhile, my office continues to be contacted by several constituents who still hit this barrier to justice. My questions to the Attorney-General are:

1. Why will he not meet with me on this matter?

2. After identifying these limitations to the Evidence Act, why has he not produced a draft bill after 3½ months?

3. When will he release a draft bill on this critical issue?

4. Will he also implement better training for police on disability issues?

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for Gambling) (15:35): I thank the honourable member for her most important questions and will refer them to the Attorney-General in another place and bring back a response. I can say that I have been advised and I believe that today amendments to the Evidence Act will be tabled in the House of Assembly. I understand that those amendments go to the issue of the hearsay evidence that can be provided, particularly by young children and some people with disabilities in relation to some sexual assault offences.

It seeks to clarify, if I recall, section 34. When the rape and sexual assault provisions in the act were reviewed, there was a section that the judiciary has said is not operating in the way they believe it was intended. The Attorney has looked into that and has consulted and put forward these amendments to ensure that that part of the act operates in the way the bill had initially intended. That will be very important because it will offer protection to some of our most vulnerable people, and my understanding of how it works is that statements made by very young children can be admissible in court as part of their evidence at a later date if it goes to the integrity of their evidence. Hopefully that will assist in ensuring greater protection of victims of these type of sexual offences and that we are able to pursue perpetrators in the way they deserve.

I understand the Attorney-General has also given significant consideration to evidence provided by those people with severe intellectual disabilities, and that is a matter I know he is deeply concerned about. My understanding—and the advice I have received—is that he has begun some preliminary work with that. I am advised that it involves some very highly complex legal matters that will need to be worked through very thoroughly and comprehensively with a high level of consultation and technical and legal advice.

I understand that that work is underway, but he was not able to have that part of the Evidence Act amended at this point in time. I believe it was his view that, rather than hold up these other important elements involving the hearsay evidence of young children and some people with disabilities, he wanted that to be put through parliament as soon as possible whilst work continued around these other important matters.

This is not, obviously, a portfolio area that I have responsibility for. I am just reporting on advice that I have been given. As I said, I will refer those most important questions to the Attorney and bring back a response.

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