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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-08-26 Daily Xml
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Oaths (Miscellaneous) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 24 June 2021.)

The Hon. K.J. MAHER (Leader of the Opposition) (17:26): I rise to speak on this bill on behalf of the opposition. The bill seeks to amend the Oaths Act 1936 and repeal the Evidence (Affidavits) Act 1928 with the effect of expanding those who can take statutory declarations while limiting those who can take affidavits; allowing a code of practice for declarants, deponents and witnesses when making or taking statutory declarations and affidavits; and aligning those who can take statutory declarations with the commonwealth Statutory Declarations Act.

It is important to note that the Law Society provided extensive commentary, including 23 suggested amendments, on an earlier draft of this bill. However, only portions of the Law Society's views have been incorporated in this final bill. Key Law Society recommendations that are not included in the bill include the inclusion of sections 6, 7, 66, 66A and 67 of the Evidence Act in the Oaths Act. If section 7 of the Evidence Act 1929 is included in the Oaths Act the Law Society submits that the act should also reference its application to all tribunals established under the law of the state.

With regard to proposed section 38, inserted by clause 11 of the bill, the Law Society submits that if a code of practice is required then it should be prescribed by regulation subject to parliamentary oversight. The final submission was a proposed subsection to be inserted in section 27A(2), giving courts the ability to designate other people to take affidavits in their courts either generally or in a particular case.

The opposition has listened carefully to the government's reasons for adopting or not adopting recommendations in the other place. We are concerned that some of them seem to be summarily dismissed, but on balance the opposition will be supporting this bill and has not filed amendments.

The opposition will be holding the government to account to ensure that the additional work that has been promised to go along with this bill does in fact happen. With those words, I indicate that the opposition will be supporting the bill and that on this occasion we will not have any questions in the committee stage.

The Hon. F. PANGALLO (17:28): SA-Best does support the bill, but with some trepidation, I must say. It follows a meeting I had recently with a number of justices of the peace, who had a look at the legislation.

I think what they pointed out to me is that they felt they play quite a crucial role in the preparation and the sighting of documents and ensuring that everything is done appropriately. They conduct their own training courses for JPs—it is done at their expense—to ensure that proper procedures are followed. A different model operates in Queensland, from what I understand, and funding is made available to train JPs, for instance, in ensuring that they follow the proper requirements when it comes to sighting and signing off, and also looking at various important documents.

This bill expands the range of people who can have a look at these documents. I think it is important and incumbent upon the government to make sure that there is proper training for these particular people and to ensure that proper training is put in place for justices of the peace, so that everything is done accordingly and there are no problems that come up afterwards, some sort of legal technicality or something that has not been done because people were not up to speed with what the laws actually entailed or what was required of them in witnessing documents or placing their stamp on them.

In short, we will be supporting it but, as I said, with some trepidation. I hope that we do not see some kind of an unexpected circumstance arising as a result somewhere down the track.

The Hon. R.I. LUCAS (Treasurer) (17:31): I thank honourable members for their contributions to the second reading and for their indications of support for the bill.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. R.I. LUCAS (Treasurer) (17:34): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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