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Legislative Assembly for the ACT: 1997 Week 12 Hansard (13 November) . . Page.. 4065 ..

MR HUMPHRIES (continuing):

the criticism of the ACT, South Australia and Victoria by a number of Commonwealth Ministers and politicians is particularly hypocritical. In all the statements I have seen by the Commonwealth lauding its enactment of the model criminal code it has conveniently neglected to mention the fact that the provisions will not commence until the next millennium, or close to that.

Consistent with the position taken by Attorneys on the issue, the law in the majority of Australian jurisdictions and other common law jurisdictions, I am proposing that the Crimes Act be amended to prevent evidence of self-induced intoxication from being considered in determining whether a defendant intended to do an act which is an element of an offence or whether an act was voluntary. The Crimes (Amendment) Bill (No. 6) effects that policy position. I commend the Bill to the Assembly.

Debate (on motion by Mr Wood) adjourned.

MR HUMPHRIES (Attorney-General) (10.59): Mr Speaker, I present the Prisoners' Interstate Leave Bill 1997, together with its explanatory memorandum.

Title read by Clerk.

MR HUMPHRIES: I move:

That this Bill be agreed to in principle.

Mr Speaker, the Prisoners' Interstate Leave Bill 1997 is part of a national scheme to provide for prisoners to travel to other jurisdictions for short periods on compassionate grounds, whilst remaining in the lawful custody of their home jurisdiction. The introduction of this scheme will provide a clear legal basis for prisoners in New South Wales to return to the ACT, and for prisoners held at the Belconnen Remand Centre to travel interstate, whilst remaining in lawful custody, for a range of compassionate reasons.

Grounds on which interstate leave may be granted to ACT prisoners are: For medical treatment; to visit a person with whom an inmate has had a longstanding personal relationship if that person is seriously ill or in acute personal need; to attend the funeral of a person with whom a prisoner had a longstanding personal relationship; and for any other compassionate purpose. There will be two additional grounds for Aboriginal and Torres Strait Islander prisoners. These are: To attend a funeral service or burial of any member of an inmate's immediate or extended family, and to attend any occasion of special significance to an inmate's immediate or extended family. The inclusion of these grounds for indigenous prisoners gives effect to recommendation 171 of the Royal Commission into Aboriginal Deaths in Custody report.

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