Page 4850 - Week 16 - Monday, 25 November 1991
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The Bill also contemplates many regulatory measures. Unfortunately, how these will be enforced is not stated. I heard Mr Stefaniak going crook about some of the penalties. He called them "odd penalties". I would not like to be seen to be too far on side with Mr Stefaniak on many issues; but I did note that he had some concerns about the penalties.
Mr Kaine: You are stepping into deep water if you agree with him on penalties. We will be quoting you.
MR BERRY: Indeed, I would be. That is why I am not going to step into deep water. There would be a cost, whether it is to the police or ACT public health inspectors who enforce the regulations. Some sort of consumer representation will also be necessary. These issues are not dealt with in the Bill. Once again, this demonstrates that the Bill has not been considered with sufficient care. I emphasise that, in treating such a complex issue, any legislation must be well thought out, workable and aimed at protecting all parties. The appropriate consultation work, in terms of the functioning of the Bill, must be done before it is put before the Assembly - and that includes some contact with the community.
More importantly, all health aspects, in particular the health of the workers, must be taken into account with the legislation. To support incomplete legislation would threaten the safety of sex workers, and Canberrans; create a bureaucratic nightmare and a struggle over the regulatory process; and jeopardise future reform of prostitution laws. That is why Labor will be moving to adjourn debate on this issue. Labor supports positive moves to improve the situation in respect of prostitution in the ACT. There is no question about that. We are not walking away from that at all. But we will not grandstand on the issue; we will make sure that the process is completed properly. Referral of the matter to the Community Law Reform Committee is an appropriate course to be taken with this legislation.
Motion (by Mr Connolly) negatived:
That the debate be now adjourned.
MRS NOLAN (5.19): Mr Speaker, I am not sure whether that motion was moved because it is that time of the day; but I thought that there was an agreement in relation to this particular Bill that we would pursue it through the in-principle stage, and perhaps then look at adjourning it before the detail stage came forward. I do not know; things must have changed. Can I just remind Mr Berry of the length of time that this debate in relation to prostitution has been around. It has been around for some considerable time. The committee was set up, as I recall, on 28 September 1989. In fact, it was 20 February 1991 that this Assembly authorised the committee to submit an interim report on prostitution in the ACT.
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