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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
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Parliamentary Committees

LEGISLATIVE REVIEW COMMITTEE: CRIMINAL CASES REVIEW COMMISSION BILL

Adjourned debate on motion of Hon. G.A. Kandelaars:

That the report of the committee, on its inquiry into the Criminal Cases Review Commission Bill 2010, be noted.

(Continued from 5 September 2012.)

The Hon. S.G. WADE (17:43): I stand to support the motion that the report of the Legislative Review Committee on its inquiry into the Criminal Cases Review Commission Bill be noted. This reference to the Legislative Review Committee, obviously, emanates from the private member's bill of the Hon. Ann Bressington—the Criminal Cases Review Commission Bill. That bill was introduced into this place and then referred to the Legislative Review Committee on 8 June 2011. In July 2012, the report from the committee was tabled and I commend it to honourable members.

The primary conclusion of the committee was that a criminal cases review commission not be established in South Australia at this time. Certainly, the committee received very stimulating submissions in relation to the value of such a commission for South Australia, and considered that information, but decided that a commission not be established in South Australia at this time.

The committee, nonetheless, identified a range of opportunities to improve the criminal justice system in South Australia through the submissions it received. For example, recommendation 3 was that part 11 of the Criminal Law Consolidation Act 1935 be amended to provide that a person may be allowed at any time to appeal against a conviction for serious offences if the court is satisfied that the conviction is tainted or where there is fresh and compelling evidence in relation to the offence which may cast reasonable doubt on the guilt of the convicted person.

That recommendation, of course, was the stimulus for a government bill that is on the Notice Paper as we speak. The Statutes Amendment (Appeals) Bill 2012 is the government's bill in response to that recommendation. It does not follow the committee's recommendation word for word but, as the government acknowledged in its second reading explanation, the private member's bill of the Hon. Ann Bressington, shall we say mediated by the Legislative Review Committee, is the genesis of that bill.

As I indicated yesterday in relation to another bill, I think that this is a classic example of good parliamentary use of committees. As I indicated, the Legislative Review Committee is a standing committee of this parliament with a very proud history. I commend the Hon. Gerry Kandelaars, in spite of the fact that he is a relatively recent addition to the chamber, for ably continuing the traditions of that committee as being, shall we say, a low partisan committee—a committee which very much focuses on the parliamentary role, particularly the role of this chamber as a chamber of legislative review. I appreciate that it is a joint committee; we do have members of the House of Assembly we allow.

The Hon. I.K. Hunter interjecting:

The PRESIDENT: Order!

The Hon. S.G. WADE: As the President would recall, it is a Legislative Council-administered committee, and we believe that helps maintain the quality of its work. Anyway, I digress. I should acknowledge, of course, that, in maintaining the traditions of the committee, the Hon. Gerry Kandelaars is following in the footsteps of the President, who has also served as the presiding member of the Legislative Review Committee.

If I can come back to the noting, recommendation 3, I think, is a good illustration of where the work of a parliamentary committee, even though it was on a bill which did not actually propose this measure, through its submissions and consideration of the issues identified an opportunity to improve the system.

Likewise, there are other recommendations that deal with the management of expert evidence and forensic services. There is a recommendation 6, for example, that deals with the Commissioner for Victims' Rights. That recommendation specifically says that the Commissioner for Victims' Rights and victims of crime, if they request, be notified of any post-conviction review to be undertaken under any act, that they be able to make submission to any such review proceedings and that they be entitled to information about the progress of such a review. Again, that is a reflection of the ongoing commitment of this house to ensure that the central role of victims in the criminal justice system be respected.

In conclusion, I thank the Hon. Gerry Kandelaars, as presiding officer, our research staff, who in the context of this report was Carren Walker, and also our secretaries, Leslie Guy and Adam Crichton, from time to time, and the other members of the committee for what I believe was a diligent and very useful committee consideration. I commend the report to the house.

The Hon. G.A. KANDELAARS (17:49): I thank the Hon. Stephen Wade for his comments. I put the motion to the house.

Motion carried.

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