Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 1997 Week 3 Hansard (10 April) . . Page.. 840 ..

MR HUMPHRIES (continuing):

This Bill and the following three Bills that I am about to introduce have as a common theme the provision of greater protection to victims of domestic violence. This first Bill amends the Bail Act 1992 to remove any presumption in favour of police bail when a person is charged with a domestic violence offence. It provides that police bail is available to a person charged with a domestic violence offence only when a specified police officer is satisfied on the balance of probabilities that there is no danger to the alleged victim or an associated person during the period of bail.

The Bill incorporates relevant suggestions of the report on domestic violence compiled by the Community Law Reform Committee. The Bill recognises the particular risks and dangers involved in domestic violence cases. It is intended to reinforce police awareness of government and community concerns about the risks and dangers as well as the need for caution in domestic violence cases, while continuing to allow bail to be granted in appropriate cases.

The primary concern in relation to bail for alleged domestic violence offences is the safety of the alleged victim or another person connected with the victim. It should be noted that the period during which police are called upon to make decisions about bail corresponds with a period when the risk to these persons from alleged offenders is high. It is precisely due to this danger that the Bill provides two precautionary measures in the event bail is granted by the relevant police officer: Firstly, a requirement that the police officer state in writing the factors leading to the decision that there is no danger to the victim; and, secondly, a requirement that the offender be bailed to appear before the court within 48 hours.

The first precaution will require that the reasons for the police decision are available to both the defendant and the alleged victim. The second precaution will mean that an early review of the officer's decision by a court will be available and that any opposition from the alleged victim to continuing bail can be heard. Mr Speaker, I believe that with these amendments we will achieve an appropriate balance between the needs of alleged victims of domestic violence and the rights of persons charged with domestic violence offences. I commend the Bill to the Assembly.

Debate (on motion by Mr Wood) adjourned.

MR HUMPHRIES (Attorney-General) (10.53): Mr Speaker, I present the Crimes (Amendment) Bill (No. 2) 1997, together with its explanatory memorandum.

Title read by Clerk.

MR HUMPHRIES: Mr Speaker, I move:

That this Bill be agreed to in principle.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .