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Legislative Assembly for the ACT: 2000 Week 5 Hansard (11 May) . . Page.. 1428 ..


MR HUMPHRIES (continuing):

significant public concern for the protection of children and the need for scrutiny of those appointed to positions of public trust, particularly in professions dealing with children.

For this reason, the bill excludes the application of non-disclosure requirements where a person is applying for employment or appointment in specified occupations-for example, judicial officers, police officers, workers in corrective services, intelligence or security officers, teachers, teacher aides, child care workers-or by a body which provides care, instruction or supervision services for children. Nor do the non-disclosure requirements apply in respect of judicial proceedings, archival or library material, or the operations of law enforcement agencies, including corrections agencies.

Since the draft bill was circulated, the government has also agreed that the non-disclosure requirements should not apply to people who seek to operate or be employed in a casino, are applicants for an interactive gambling licence or are applicants for a firearms licence or permit. The necessary changes have been made to the bill to ensure that convictions which would be spent under the scheme but which can, under present legislation, be considered in these cases will still be able to be taken into account. Under the scheme, the machinery of the Discrimination Act 1991 of the ACT will be used to resolve complaints of discrimination on the basis of a spent conviction.

The government considers that this legislation reflects the importance of ensuring that we have a justice system which not only ensures that offenders are appropriately punished for their crimes, but also recognises the importance of rehabilitation. It is particularly important that a juvenile or a young adult who may have offended-perhaps only once-is not dogged by his or her conviction for the rest of his or her life. The requirement to disclose an old criminal record, even for a relatively low-level offence, has the potential to seriously and unfairly disadvantage a person with regard to obtaining employment, accommodation and other services. I therefore commend the bill to the Assembly.

Debate (on motion by Mr Stanhope ) adjourned.

HEALTH AND COMMUNITY CARE LEGISLATION AMENDMENT BILL 2000

MR MOORE (Minister for Health and Community Care) (11.09): I present the Health and Community Care Legislation Amendment Bill 2000, together with its explanatory memorandum.

Title read by Clerk.

MR MOORE: I move:

That this bill be agreed to in principle.

Mr Speaker, this bill amends the Poisons and Drugs Act 1978, the poisons and drugs regulations, the Poisons Act 1933 and the poisons regulations.


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