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Legislative Assembly for the ACT: 1998 Week 11 Hansard (8 December) . . Page.. 3299 ..

MR HUMPHRIES (continuing):

I also note that the model we have used here for search powers is actually picked up from the powers that were incorporated into the periodic detention legislation, where the question of search is also left to the regulations - which, I might point out, was originally drafted by the former Labor Government. So, with respect, I would say that we should stick to that model rather than change to some other model because of the requirement to be flexible about what is contained in those regulations. I thank members for their support for the package.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.

CUSTODIAL ESCORTS (CONSEQUENTIAL PROVISIONS) BILL 1998

Debate resumed from 26 November 1998, on motion by Mr Humphries:

That this Bill be agreed to in principle.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.

DOMESTIC VIOLENCE (AMENDMENT) BILL (NO. 2) 1998

Debate resumed from 27 October 1998, on motion by Mr Humphries:

That this Bill be agreed to in principle.

MR STANHOPE (Leader of the Opposition) (10.00): Mr Speaker, this is an important piece of legislation and it has caused me some very significant difficulty in terms of developing an attitude to it. The Bill provides a procedure for out-of-hours applications for emergency protection orders. The procedure is meant to be only a bridging mechanism to give protection to a person who has been subjected to violence until an application for a full order is made to a court. The Bill is posited on a situation in which a police officer attending an incident believes that without a protection order there is potential for a party to be physically injured. If they are satisfied that there is a potential for a party to be physically injured they can apply, by phone, to a magistrate, a registrar or an authorised deputy registrar for an emergency protection order.

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