Page 2867 - Week 10 - Thursday, 15 August 1991
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From my understanding, Mr Speaker, this system of video evidence taken from children has worked very well indeed. It has been accepted, I think, by a majority of the profession. We are almost at a stage where we really do not need a sunset clause. However, there is one there. Perhaps towards the end of next year we might be at a stage where this can become a permanent part of legislation.
I think there are some very good provisions in this Bill. The provisions of clause 6 are very sensible. In some situations perhaps there may not be a need for a court to order that a child's evidence be taken by closed-circuit television. There are certain cases in which children will give evidence where there is little harm of trauma or emotional damage being suffered by the child. There are, however, a lot of cases where that does occur, especially sexual assault type cases.
I am pleased to see in clause 6(2) that a court does have to be satisfied that a child would suffer mental or emotional harm if he or she were required to give evidence in court, or that the facts would be better ascertained if the child's evidence were given by closed-circuit television. That is important, too, because the age of children is another factor that has to be taken into account. Often very young children are more at home if they can be asked to give their evidence in this way, by way of closed-circuit television, rather than in an adversarial situation in court. There may not be the same possibility of emotional damage or mental damage; it is simply a better and more efficient way for the child to give evidence.
I think, Mr Speaker, that clause 7 also is an appropriate provision because it lists matters the court can take into account when making an order. Without going through them, matters such as age, personality, intelligence, et cetera, are sensible. Clause 8, which enables a child to be separately represented and enables the court to take that initiative, is also very important because there are occasions, especially in difficult family situations, incest cases and such like, where I think it is essential that all parties involved in the process be represented.
So, Mr Speaker, my party certainly has no problems in supporting this Bill which, in fact, originated from the Alliance Government. We would look forward, in the life of this Assembly, to more Bills which look to shoring up the rights of victims who have been forgotten too often. By doing so, that will protect the rights of the community at large.
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