Page 4403 - Week 14 - Wednesday, 30 November 1994
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this legislation on 17 May. Yet when the Attorney-General tabled this Bill on 10 November he made no reference to recommendations of either that body or the Community Law Reform Committee, despite the fact that he stated in May, and I quoted his particular remarks, that he had referred the matters addressed by the Bill to that committee.
The Attorney-General also noted on 17 May that the Community Law Reform Committee had a lot of work to do, and he was not sure when the recommendations on his reference regarding the prosecution of sexual assault and rape would be brought before the Assembly. The inclusion of the sunset clause in this Bill, designed to allow the evaluation of its operation and effect under the auspices of the Community Law Reform Committee over a trial period of 18 months, would seem to indicate that the committee has, as yet, not finalised its recommendations in relation to this reference. I hope that in his closing remarks at the in-principle stage of this debate today the Attorney-General can inform the Assembly as to where that reference of the Community Law Reform Committee is at, and any recommendations that they have made about the implementation of this measure.
The other point that I would appreciate the Attorney-General addressing in his remarks is the evaluation of the initial Evidence (Closed-Circuit Television) (Amendment) Bill. In speaking at the in-principle stage of debate on that Bill I said:
While I am not yet convinced of the need at this time to amend the Government's proposed legislation to give child defendants the opportunity to give evidence by closed-circuit TV, I encourage the Attorney-General and members of this Assembly to further consider the matter. Options we have available to us are a possible reference by the Attorney-General to the ACT's Community Law Reform Committee; or, alternatively, members of the Assembly's Legal Affairs Committee considering the issue as a possible reference.
In his final remarks on that Bill on 17 May, the Attorney-General, while suggesting that the next step could be giving adult survivors of sexual violence the option of video evidence, said this:
If we are to consider taking the next step, that may provide the opportunity to review how it is going, as Ms Szuty and Mr Humphries have suggested.
The Attorney-General also said of that Bill:
I am sure that this Assembly will have another opportunity to look at it.
Madam Speaker, the Bill we are debating today is the next step and this is the opportunity to look at it. I certainly hope that the Attorney-General will inform the Assembly as to how effective closed-circuit TV is proving for children giving evidence, as allowed for in the legislation passed by the Assembly earlier this year. Madam Speaker, I support the intent of this legislation, and I very much look forward to hearing the outcome of the evaluation of this Bill in 18 months' time.
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