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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-07-24 Daily Xml
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STATUTES AMENDMENT (ATTORNEY-GENERAL'S PORTFOLIO) (NO. 3) BILL

Second Reading

Second reading.

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (22:05): 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.

In addition to the previous Portfolio Bill, the Statutes Amendment (Attorney-General's Portfolio) (No 3) Bill 2013 also rectifies a number of outstanding technical issues in various Acts committed to the Attorney-General. I note the amendments proposed are minor in scope and are generally of a technical nature.

Specifically, the Bill makes the following amendments:

Criminal Law (Sentencing) Act 1988

The Bill amends section 44 of the Criminal Law (Sentencing) Act 1988 to require the Minister for Correctional Services to take into account a victim's views when making a determination to vary or revoke any condition of a bond, or to waive the obligation of a probationer to comply any further with a condition requiring supervision.

Pursuant to the Correctional Services Act 1982, the Chief Executive of Correctional Services must keep a Victims Register, containing certain details of a victim (or a victim's family) of an offence for which a prisoner is serving a sentence of imprisonment. When making a determination as to parole, the decision maker is required to consider the possible impact of the decision on the registered victim.

However, when determining whether or not to vary or revoke any condition of the bond, s 44 of the Criminal Law (Sentencing) Act 1988 requires the Minister (or his or her delegate) to apply considerations which relate to the offender only.

The amendment demonstrates the Government's commitment to victims, ensuring they are appropriately represented, and is consistent with other provisions under the Correctional Services Act 1982.

Evidence Act 1929

Section 71A of the Evidence Act 1929 provides for the automatic suppression of the name of a person charged with a sexual offence. In general the defendant's name remains suppressed until the relevant date. For major indictable offences the relevant date is defined as the time at which the defendant is committed for trial or sentence.

The Statutes Amendments (Courts Efficiency Reforms) Act 2012 amends section 103 of the Summary Procedure Act 1921 and will, once it commences, enable the Magistrates Court to sentence a person who pleads guilty to a major indictable offence in the Magistrates Court (with the consent of both the defendant and the DPP). In such circumstances the defendant will not be committed at all. If the individual is charged with a sexual offence their name will remain suppressed as the relevant date will effectively never occur. This wasn't the intended operation of the Statutes Amendments (Courts Efficiency Reforms) Act 2012 and it is appropriate to rectify this issue without delay.

Criminal Law Consolidation Act 1935, District Court Act 1991, Supreme Court Act 1935, Trustee Act 1936, Evidence Act 1929 and Legal Services Commission Act 1977

Finally, amendments to the remaining Acts necessary to address inconsistencies in the use of terms. Specifically, the references to 'taxation of costs' are amended to 'adjudication of costs' in the Criminal Law Consolidation Act 1935, the District Court Act 1991, the Supreme Court Act 1935 and the Trustee Act 1936 to reflect changes to the Supreme Court and District Court Rules.

Also the term 'discovery' is now referred to as 'disclosure' within Court Rules and the profession. It is therefore appropriate to amend the Evidence Act 1929 and Legal Services Commission Act 1977 to reflect this.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Criminal Law Consolidation Act 1935

4—Amendment of section 351B—Costs

The proposed amendment changes the reference to 'taxed' costs to 'adjudicated' costs. 'Adjudicated' is the term now used in the Supreme and District Court Rules and relevant legislation is being changed to reflect that.

Part 3—Amendment of Criminal Law (Sentencing) Act 1988

5—Amendment of section 44—Variation or discharge of bond

The proposed amendment allows the Minister for Correctional Services to take into account the likely impact on a victim (to whom the subsection applies) before varying or revoking a condition of a bond of a probationer under section 44(1) or before waiving the obligation of a probationer to comply any further with a condition requiring supervision under section 44(2).

Part 4—Amendment of District Court Act 1991

6—Amendment of section 40—Interest on judgment debts

This amendment is consistent with the amendment to the Criminal Law Consolidation Act 1935.

Part 5—Amendment of Evidence Act 1929

7—Amendment of section 33—Disclosure in action for defamation

The proposed amendments reflect a change in terminology from 'discovery' to 'disclosure'. 'Disclosure' is the term now used in the Supreme and District Court Rules and relevant legislation is being changed to reflect that.

8—Amendment of section 71A—Restriction on reporting on sexual offences

Section 71A of the Evidence Act 1929 provides for an 'automatic' restriction on reporting on proceedings related to sexual offences, and evidence in such proceedings. Generally speaking, the restriction applies until the relevant date. Currently, in relation to a charge of a major indictable offence, the relevant date is defined to mean the date on which the accused person is committed for trial or sentence.

Amendments made by the Statutes Amendment (Courts Efficiency Reforms) Act 2012 to the Summary Procedure Act 1921 enabled the Magistrates Court to determine and impose sentence for most major indictable offences in certain circumstances. Hence, the proposed amendment amends the definition of relevant date to reflect this procedural change for major indictable offences arising from the Statutes Amendment (Courts Efficiency Reforms) Act 2012.

Part 6—Amendment of Legal Services Commission Act 1977

9—Amendment of section 31A—Secrecy

This amendment is consistent with the amendments to the Evidence Act 1929

Part 7—Amendment of Supreme Court Act 1935

10—Amendment of section 72—Rules of court

11—Amendment of section 114—Interest on judgement debts

These amendments are consistent with the amendment to the Criminal Law Consolidation Act 1935.

Part 8—Amendment of Trustee Act 1936

12—Amendment of section 68—Court may order costs

This amendment is consistent with the amendment to the Criminal Law Consolidation Act 1935.

Debate adjourned on motion of the Hon. S.G. Wade.

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