Page 2274 - Week 08 - Wednesday, 4 August 2021
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these provisions, police will explicitly be empowered to use body-worn cameras in a range of different situations. This use must generally be overt; however, there are some exceptions to this, where overt use would cause or increase risk to a person’s safety.
The amendments complement existing legal frameworks, including commonwealth legislation that governs the use of devices by law enforcement to make audio or visual recordings in a range of situations and locations. They have been modelled on similar provision in section 50A of the Surveillance Devices Act 2007 in New South Wales, and clarify that a police officer must use a body-worn camera in the course of all of their duties and irrespective of whether the use occurs in public or private premises. Guidelines developed by the Chief Police Officer will include specific requirements about accessing, storing, retaining and using recordings captured by body-worn cameras, to ensure that the right to privacy is protected. These guidelines will necessarily be consistent with the privacy protections established by the amendments to the act.
The footage captured by body-worn cameras will provide evidence to assist all parties in criminal proceedings—including a defendant—therefore indirectly supporting a person’s rights during criminal proceedings. These arrangements will promote the safety of police officers and members of the community, increase transparency around police conduct, and aid police in gathering high-quality evidence in a timely and effective way. They will also ensure that the benefits of using body-worn cameras can be extended to all areas of the community policing environment.
The bill also improves protection for children by amending the modernisation of the Crimes (Child Sex Offenders) Act 2005 to include new types of child sex offences in the registration scheme. It adds the commonwealth offence of possessing a childlike sex doll to facilitate registration of offenders convicted of the commonwealth offence. Including this additional commonwealth offence as a potential registrable offence under the scheme allows ACT Policing to protect our community from child sex offenders. This amendment seeks to enable the police to address the potential escalation of offending at an earlier stage—for example, from non-contact offending to contact offending. Evidence suggests that non-contact offending, such as possession of a childlike sex doll, can be indicative of an increased risk of reoffending, often in an escalating way such as the commission of sexual assault. Placing an offender on the register facilitates better visibility of the offender for police and, consequently, increases protection for the community.
The bill also makes amendments to the Inspector of Correctional Services Act 2017 by extending the review period for examining and reviewing correctional facilities, from at least once every two years to at least once every three years. However, this does not prevent the Inspector of Correctional Services from conducting more frequent reviews where appropriate. This sees a more flexible and targeted use of government resources to address specific issues that might arise in relation to the ACT corrections system.
The bill also extends the Terrorism (Extraordinary Temporary Powers) Act 2006 for 12 months, from 19 November 2021 to 19 November 2022, to allow further
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