Page 2865 - Week 09 - Tuesday, 11 October 2022
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part of making sure that as and when issues and opportunities in our current set-up arise, we are here to examine them and take the actions needed.
I will now draw the Assembly’s attention to the amendment circulated in my name. I move:
Omit all words after “(1)”, substitute:
“notes that:
(a) criminal sentencing, and bail decisions are an important function of the ACT’s independent judiciary and are open to the public for review and scrutiny;
(b) members of the community, the police union, and others have expressed concern about recent sentencing and bail outcomes, especially in relation to dangerous driving and recidivist offenders, including by calling for an independent review of the judiciary;
(c) there are a range of views in the community and among stakeholders, with bodies such as the ACT Bar Association, the ACT Law Society, and the Justice Reform Initiative commenting that an additional review of the judiciary is not required;
(d) the ACT Government is committed to evidence-based criminal justice and road safety policies;
(e) the Government is undertaking a range of work to ensure sentencing and bail laws and judicial outcomes are appropriate and in line with community expectations. This work includes:
(i) establishing an independent Law and Sentencing Advisory Council, which will advise on areas of potential law reform, as well as provide expert advice on sentencing. The Council is being established as a matter of priority and will examine dangerous driving issues as a priority.
(ii) through TCCS, conducting a review of road traffic offence penalties, including consideration of new offences; and
(iii) reviewing existing bail laws and sentencing laws with a particular focus on recidivist offenders; and
(f) in addition to the above, the Standing Committee on Justice and Community Safety is currently conducting an inquiry into dangerous driving. The Government will consider and respond to the Committee’s recommendations after it tables its report; and
(2) calls on the Government to continue to engage with the community and stakeholders on areas of concern, and to progress work and potential reforms on sentencing and bail laws in an evidenced-based way, including through engagement with the new Law and Sentencing Advisory Council.”.
This is an amendment that reflects the discussion that has been had in this place today. It does note that there are a range of concerns in the community. It notes there are different views to those concerns as well, but that is also part of the challenge of actually taking on the office of Attorney-General. There are competing views on this, and we are trying to come up with the best possible answer and think through the various views that are out there.
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