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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-09-23 Daily Xml
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Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Bill

Introduction and First Reading

The Hon. R.I. LUCAS (Treasurer) (15:31): Obtained leave and introduced a bill for an act to amend various acts within the portfolio of the Attorney-General and to amend certain other acts. Read a first time.

Second Reading

The Hon. R.I. LUCAS (Treasurer) (15:31): I move:

That this bill be now read a second time.

I am pleased to introduce the Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Bill 2021. The bill makes miscellaneous amendments to various acts committed to the Attorney-General and three justice-related amendments to acts committed to other ministers. It addresses a number of minor or technical issues that have been identified in 22 different acts.

To begin, part 2 amends the Aged and Infirm Persons' Property Act 1940 in relation to the jurisdiction of the South Australian Employment Tribunal and the South Australian Employment Court. The amendments in clauses 4, 5 and 6 enable protection orders to be made by the court and tribunal in the course of exercising their personal injury jurisdiction.

They remove the present requirement in section 8A that, for the District Court (or the South Australian Employment Tribunal or South Australian Employment Court after amendment) to make a protection order, the infirmity or reduced capacity prompting the protection order must arise from the injury that is the subject of the personal injury proceedings. This will allow, for example, a protection order to be made in respect of a second plaintiff spouse in a dust diseases matter where the spouse's incapacity arises from age or other illness rather than the dust disease.

Part 3 of the bill contains amendments to the Bail Act 1985. Clauses 7, 8 and 9 allow the court to prescribe the form for bail agreements, guarantees and applications for release where it is the bail authority.

Clause 10 of the bill clarifies the identity of the relevant bail authority where a person on bail is seeking approval to travel interstate under section 11, which deals with conditions of bail. It confirms the current practice that where the bail authority is a court, a judge or magistrate may approve interstate travel, and where the bail authority is a police officer, a police officer above a certain rank may approve interstate travel.

Part 4 of the bill amends the Burial and Cremation Act 2013. Section 10(5)(b)(i) of that act currently refers to two certificates of death being required under section 36 of the Births, Deaths and Marriages Registration Act 1996. This is inconsistent with the actual requirements of the Births, Deaths and Marriages Registration Act. This amendment will ensure consistency between the two acts. The effect is that one certificate is required under the Births, Deaths and Marriages Registration Act and the other from a medical practitioner in a form approved by the Registrar for Births, Deaths and Marriages in order for a cremation permit to issue.

Part 5 of the bill amends the Children and Young People (Safety) Act 2017. Section 86 of that act allows the Chief Executive of the Department for Child Protection to give a direction to prevent a person communicating with a child who is in the custody or under the guardianship of the chief executive. I seek leave to continue my remarks.

Leave granted; debate adjourned.

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