Page 1943 - Week 07 - Thursday, 20 August 1992
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through the independent official, which was well known and well publicised at the time and caused no public disquiet, shows that the community has confidence in an independent statutory office and accepts the proposition that these criminal prosecutions ought to be at arm's length from the government of the day and not part of the political process.
Madam Speaker, on the proposed amendment Mr Humphries foreshadowed - there were two circulated originally - we have had discussions with Mr Humphries. One matter he has indicated he is not proceeding with. The Government is looking very carefully at the whole issue of on-the-spot fines for both traffic and parking matters, and one of the likely outcomes is that traffic matters that are disputed will be dealt with as criminal matters. Thus the DPP will clearly have a role, making Mr Humphries's proposed amendment unnecessary.
In relation to the first proposed amendment, it is a matter that was not encompassed by the review we carried out with the DPP's office in the first year of operation. We have had a look at it and discussed it with the office. It does add something to clarifying the powers of the DPP in so far as it makes it clear that the DPP can appear in these contempt matters or for keep the peace orders. That did occur in the case of the keep the peace orders, stand-over orders, brought in relation to the Aidex demonstrations. There was some dispute as to whether there was power to do it. On balance, the DPP did appear. Mr Humphries's amendment does add something and the Government, after discussion with officials, will be happy to accept that when it comes up. Madam Speaker, I commend the Bill to the house.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail Stage
Clauses 1 and 2, by leave, taken together, and agreed to.
Clause 3
MR HUMPHRIES (4.49): Madam Speaker, I move:
Page 2, line 1, before paragraph 3(a) insert the following paragraph:
"(aa) by inserting after paragraph (1)(d) the following paragraph:
'(da) in relation to proceedings for contempt of court or for an order requiring a person to enter into a recognizance, with or without sureties, to keep the peace or be of good behaviour -
(i) instituting proceedings; or
(ii) conducting proceedings, whether instituted by the Director or not;';"
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