Page 1304 - Week 07 - Thursday, 24 August 1989
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
I note that the Bill provides that it is the person, and not just anybody who happens to be nearby, but the person, who is engaging in, or likely to engage in, violent conduct who is to be asked to move on. I think that is a significant move from the original drafting. Furthermore, the draft Bill provides for a reasonable excuse provision in defining the offence of failure to move on.
So we are pleased that the draft Bill has addressed many of the community's, and indeed our own, concerns about the original proposal, but the draft Bill as it is presented does contain a matter that is of some concern to the Government, and that is the provision of 24 hours of community service as a penalty. I think that it is probably fair to say that the select committee was not fully aware of the accepted sentencing policy on such matters. Community service orders are usually considered an alternative to a custodial sanction; they are not a soft option. As the Australian Law Reform Commission noted, in its recent report on sentencing, community service orders which are imposed where imprisonment was never a threat in the first place increase the number of people who are subject to a restriction of personal freedom, and their inappropriate use is hard to accept.
I understand that these considerations have been drawn to Mr Stefaniak's and Mr Collaery's attention and I trust that, as a result, there will be an amendment to the Bill to provide a fine as the only sanction under this legislation.
Mr Speaker, the select committee made a number of recommendations on matters associated with the enactment of move-on powers. They recommended, for instance, that I seek the cooperation of the Commonwealth Minister for Justice in making available the Australian Federal Police regional instructions governing the use of the powers prior to the passage of the legislation.
I would like to comment on that recommendation. Firstly, it is not appropriate for the police to prepare such guidelines before the Bill's passage. The charter for the police is to enforce and uphold the laws in force and not to consider how to enforce proposed laws. Secondly, if the legislation is passed and gazetted, I will ask the chief law officer to raise the issue with the assistant commissioner, ACT command, of the Australian Federal Police, and I will undertake to report back to the Assembly when I receive the advice in question.
If the Bill is passed, I will also ask the assistant commissioner to ensure that, each time a move-on direction is issued, the police officer is to prepare a full report of the circumstances, so that the operation of the provision can be closely monitored. On the other recommendations in the report, the Government will arrange consultation with relevant interest groups and I will be
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .