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Legislative Assembly for the ACT: 1996 Week 14 Hansard (11 December) . . Page.. 4739 ..

Clause 5

MS FOLLETT (5.20): Mr Speaker, I move my amendment No. 2 in the following terms:

Page 2, lines 16 to 18, proposed paragraph 7A(1)(b), omit the proposed paragraph, substitute the following paragraph:

"(b) arranging for such a person to be transferred from a remand centre or other institution within the Territory to another remand centre or institution within the Territory.".

I remind members briefly that the purpose of my second amendment is to retain with the administrator the decision-making on whether or not a detainee might be transferred interstate. Mr Humphries's Bill, as presented to the Assembly, actually allowed for the delegation of that decision from the administrator to the superintendent. It is my view that, at least while we assess the operation of this new legislation, it is appropriate for the administrator to retain the decision-making capacity. I also think that, given the sensitivity and the difficulty of many decisions relating to detainees, it is appropriate that the person who takes the decision be at one remove from the operation of the Belconnen Remand Centre. Mr Speaker, for that reason I move this amendment and I commend it to the Assembly.

MR HUMPHRIES (Attorney-General) (5.22): Mr Speaker, the Government supports this amendment. Clearly, we have a need to make sure that the power to transfer a prisoner interstate is exercised sparingly and at the highest level that allows for an understanding of the problems associated with a particular need within the Remand Centre and at a level which is high enough above those problems not to be drawn into what could sometimes be called the internal politics of a place like the Remand Centre. I think that idea of providing for some distance between the centre's operation and the person who makes the decisions is appropriate. Providing for the administrator to conduct that role is a reasonable way of facilitating that. I think it would generally be at that level that we would expect the decision to be made, rather than bringing it down to those operating at a lower level within the Remand Centre.

Amendment agreed to.

Clause, as amended, agreed to.

Remainder of Bill, by leave, taken as a whole, and agreed to.

MR HUMPHRIES (Attorney-General) (5.23): Mr Speaker, pursuant to standing order 187, I move:

That clause 2 be reconsidered.

Question resolved in the affirmative.

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