Page 6076 - Week 18 - Thursday, 12 December 1991
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Director of Public Prosecutions, I am prepared to accept the 16-year age limit, even though, as I have said, there is a pattern of consensual conduct under that age limit and above the age of 14 years, if one takes the advice of many school counsellors in the community.
I am sure that, given the passage of this Bill and the extrinsic aid that the debate offers, the Director of Public Prosecutions would not be minded to bring prosecutions in circumstances where there was not an imbalanced power equation; in other words, where the other party was not in a situation of undue influence. I trust that that would be a prime issue in determining prosecution policy where there is a sexual relationship which, on its face, is consenting, despite the technical non-consent aspect of the law below those age limits.
Mr Speaker, the substantive Bill, the Crimes (Amendment) Bill (No. 7), is quite significant because the Attorney has moved a Bill which reflects a difficulty that this stealthy republic, which the ACT is, has created for itself. The Attorney's power, historically, to grant a pardon and exercise the former royal prerogative of mercy, of course, does not apply in our circumstance. We are the first stealthy republic in Australia. We do not have that vice-regal link. We have a Governor-General who has a certain power, but there is no vice-regal power in the traditional sense.
It is the Executive which makes and exercises what were formerly a number of royal prerogatives, not the least of which is to appoint queen's counsel and other aspects. I am pleased to say that the current appeal against the validity of self-government fell over in the High Court today, on my advice, and is no longer extant. But be that as it may, there will continue to be a whole raft of challenges to the peculiar situation of the Territory. Mr Connolly is now endowed with royal powers, assuming that this Bill passes. Unlike our other regal figures in Australia, Mr Connolly, through his Cabinet, and Mr Berry, a fine regal figure himself, will assist in the dispensation of the former royal prerogative, and I am sure that that warms his heart. Here is a little bit of constitutional history in play.
The matter had been brought to attention, of course, before the Alliance Government fell. I am pleased that the Attorney has seen the urgency of the matter and I will be commenting elsewhere about the need for the Attorney to look carefully at parole and other issues, with the Christmas season approaching, in respect of prisoners who may be close to release dates. There are compassionate issues there which, of course - particularly following, as Mr Stefaniak properly interjected, the demise of Mr Rex Jackson - are worked out at arm's length from this current Attorney. This is an effective initiative by the constitutional law processes of government, and I commend the Bill to the house with the other amendment which the Attorney has so kindly assisted with.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .