Page 4239 - Week 14 - Thursday, 24 October 1991

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Clause 21

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.32): The Government is moving a minor amendment to this clause, as circulated under my name a couple of days ago. It again picks up a clear typographical error that was identified by the Scrutiny of Bills Committee. I move:

Page 24, line 38, omit "21(9)", substitute "20(9)".

Amendment agreed to.

Clause, as amended, agreed to.

Clauses 22 to 28, by leave, taken together, and agreed to.

Clause 29

MR COLLAERY (11.34): I move:

Page 29, line 1, after subclause 29(3) insert the following subclause:

"(3A) Nothing in this section prohibits a person from divulging or communicating any information to a select committee or standing committee of the Legislative Assembly.".

I commend sincerely this provision to all members of the house. The events of last year and the continuing friction that existed then between the NCA and the parliamentary joint committee has been commented upon by Mr Justice Phillips, the head of the NCA. He made these comments on 5 February 1991. I have other comments made in relation to the NCA; but these are public comments, and I commend consideration of his comments to the house. I may need extra time. I think there is a very important issue at stake here. Mr Justice Phillips said this:

The criticisms of the NCA in terms of secrecy and lack of accountability have their genesis in certain provisions of the National Crime Authority Act.

They are provisions at section 51 of the parent Act and clause 29 of the Bill before the house. His Honour said:

Very extensive Parliamentary debate preceded the passing of this Act in 1984. Many able and well researched speeches were made in both Houses of Parliament. These dealt with a number of vital issues, including the liberty of the subject, the protection of reputations and the safety of those prepared to furnish information about criminal activities. Many amendments to the Bill


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