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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2017-02-15 Daily Xml
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Electronic Transactions (Legal Proceedings) Amendment Bill

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. K.J. MAHER (Minister for Employment, Minister for Aboriginal Affairs and Reconciliation, Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Science and Information Economy) (18:08): 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 connection with the Criminal Justice Sector Reform Council, and in particular the work of the Criminal Justice Information Management project, the Government is introducing the Electronic Transactions (Legal Proceedings) Amendment Bill 2016.

This Bill amends the Electronic Transactions Act 2000 to achieve greater efficiencies in the criminal justice sector by further facilitating the use of electronic technologies for communications between courts, police, legal representatives and members of the public.

The intent of the Bill is to focus on criminal proceedings, and proceedings closely related to the criminal justice sector such as fines enforcement and dealing with expiation notices. The language of the Bill reflects that it applies to criminal law, but that the focus is broader than strictly criminal proceedings.

Section 5 is amended to alter the definition of 'law of this jurisdiction' to expressly include the criminal law in the operation of the Act.

The Bill also amends the consent provisions of the Act, as the provisions do not reflect the almost universal and pervasive use of electronic communications in society that has developed in the 15 years since the Act was passed, including between citizens and government.

The requirements of sections 8, 9 and 10 of the Act, that giving information, providing a signature or producing a document electronically must occur only with the prior consent of the parties, have been amended to relax the requirements to facilitate the use of electronic information.

The amendments to each section are in the same terms, and provide that a person who is the subject of prescribed legal proceedings will be taken to have consented to receiving information by means of an electronic communication.

However, consent will be taken to have been given only where it is has been ascertained that the person (or their legal representative) is readily able to access or download the information, and print it (if required).

This caveat will protect those without reliable internet access, or those who may have access to a document, but would be unable to print the documents if they needed to. It will protect those in custody without internet access, or those in rural areas where internet access may not be adequate to download large documents.

The legal proceedings to which the Bill applies will be prescribed by Regulation. This has the benefit of controlling the uptake of the new provisions, to ensure agencies and the legal profession are equipped to make the best use of the new provisions, as well as allowing new types of proceedings to be added to the Regulations over time, as the use of electronic communications increases.

It is intended that the prescribed legal proceedings in the Regulations will consist mainly of criminal proceedings including bail proceedings, proceedings under the Summary Procedure Act 1921 for prosecuting summary and indictable offences, sentence enforcement proceedings, and proceedings relating to orders of a restrictive nature such as intervention orders, non-association, place-restriction, paedophile and child protection orders in the Summary Procedure Act. Some non-criminal but related proceedings are also intended to be included, such as fine enforcement and recovery, and the issue and recovery of expiation fees.

Consultation on the Regulations will be undertaken to ensure that appropriate proceedings are covered, and to ensure that the sector is able to take advantage of the new provisions going forward.

As the world moves away from the use of paper documents, and technology use becomes more and more an integrated part of our everyday lives, it is important for the criminal justice sector to keep pace with the changes in society. The Government is pleased to encourage the use of electronic communications and decrease the use of paper wherever possible, and these provisions are a small but important measure to encourage this within the criminal justice sector.

A more cohesive and efficient criminal justice system will ensure the timely and accurate communication of information, and will improve the experience of those working within the system and also for members of the public who come into contact with the criminal justice system.

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 Electronic Transactions Act 2000

4—Amendment of section 5—Interpretation

This clause amends the definition of law of this jurisdiction to ensure that the term includes any law whether in the civil or criminal jurisdiction.

5—Amendment of section 8—Writing

The clause inserts new subsection (2a) to establish that for the purposes of the requirement for consent in section 8(1)(b) and (2)(b) of the Act, a person will be taken to have consented to information required or permitted to be given to the person in relation to prescribed legal proceedings by means of an electronic communication.

Proposed subsection (2b) provides that proposed subsection (2a) only applies if, before giving the information by means of an electronic communication, it has been ascertained that the person, or a legal practitioner representing that person, will be readily able to access or download, and (if required) print, the information.

6—Amendment of section 9—Signatures

The clause inserts new subsection (1a) to establish that for the purposes of the requirement for consent in section 9(1)(c) of the Act, a person will be taken to have consented to the method referred to in section 9(1)(a), in relation to a person to whom a signature is required to be given for the purposes of prescribed legal proceedings.

Proposed subsection (1b) provides that proposed subsection (1a) only applies if, before communicating by means of an electronic communication in respect of which the signature of a person is required, it has been ascertained that the person, or a legal practitioner representing that person, will be readily able to access or download, and (if required) print, the information.

7—Amendment of section 10—Production of document

The clause inserts new subsection (2a) to establish that for the purposes of the requirement for consent in section 10(1)(c) and (2)(c) of the Act, a person will be taken to have consented to the production of a document required or permitted to be produced in relation to a person to whom prescribed legal proceedings relate by means of an electronic communication.

Proposed subsection (2b) provides that proposed subsection (2a) only applies if, before producing a document by means of an electronic communication, it has been ascertained that the person, or a legal practitioner representing that person, will be readily able to access or download, and (if required) print, the document.

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

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