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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-09-26 Daily Xml
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EVIDENCE (DISCREDITABLE CONDUCT) AMENDMENT BILL

Second Reading

Second reading.

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (17:02): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Evidence (Discreditable Conduct) Amendment Act 2011 ('the 2011 Act') made changes to the Evidence Act 1929 (SA) governing the use of discreditable conduct evidence in criminal proceedings. The Act passed with all party support following an extensive consultation process and commenced on 1 June 2012.

The Act was intended to simplify what had become a complex area of the common law. Though the Act is a major advance on the previous common law position, one aspect needs clarification.

The 2011 Act requires a party seeking to adduce any evidence of discreditable conduct to give notice in writing to each other party in the proceedings in accordance with the rules of court. This requirement was drawn from the practice in the Uniform Evidence Act jurisdictions.

It has become clear that the inclusion of the notice requirement in the South Australian legislation is not necessary. Importantly, the removal of the notice requirement will not undermine a defendant's right to a fair trial. The court will still, as with any other type of evidence, have to be satisfied of the relevance and admissibility of the discreditable conduct evidence before a party will be able to lead such evidence.

I commend the Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Evidence Act 1929

4—Amendment of section 34P—Evidence of discreditable conduct

This clause amends section 34P, with the effect that discreditable conduct evidence can be led without prior written notice being given by the party seeking to adduce the evidence.

Debate adjourned on motion of Hon. J.S.L. Dawkins.

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