Page 2480 - Week 09 - Wednesday, 7 August 1991
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Mr Berry: What happened to the crime rates? Check them. They are still going up.
MR STEFANIAK: Not offensive behaviour; not offences in relation to public order, Mr Berry. Why do you not read your own police report?
MR SPEAKER: Order!
MR STEFANIAK: The police go on to say this in this current report, Mr Speaker:
The move-on powers are considered ... to be a useful law enforcement tool and have proved to be effective without unduly impacting on people's rights and freedoms.
The police go on to give the details of persons who have in fact been charged with failing to move on - a very small proportion. They also go on in the report to a number of perceived problems with the legislation. It is worthy of note, though, in relation to this, that in one incident where a charge was dismissed the magistrate referred to the police incorrectly giving a group direction. The Parliamentary Counsel, a learned queen's counsel, is of the view that, having regard to section 23(b) of the Acts Interpretation Act, the singular shall include the plural, and, indeed, police can give a group direction. Of course he is more than happy, as is the Government Law Office, to provide police with assistance in any directions.
The police go on to state a number of concerns in relation to the legislation. In the second-last paragraph on page 3 Assistant Commissioner Bates, Chief Police Officer for the ACT, says:
In spite of these concerns, I reiterate that in the absence of specific offences such as fighting in a public place, the legislation has been useful in diffusing potentially violent and dangerous situations on a number of occasions. Recently, legislation used for this type of conduct has been found wanting in the court due to the interpretation placed on the term "riotous behaviour".
One of the arguments the Opposition uses is that there are already similar types of legislation which could be used, such as riotous behaviour and - - -
Mr Berry: We are the Government, mate.
MR STEFANIAK: I am sorry; you are the Government. However, that is not the view of the courts; it is not the view of the police enforcement officers who have to do it. That legislation - riotous behaviour - is inapplicable here because it deals with riots, not with the type of street
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