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Legislative Assembly for the ACT: 2001 Week 8 Hansard (9 August) . . Page.. 2790 ..

MR STEFANIAK (continuing):

If a police officer is accused of exercising a power unlawfully it would be up to the officer to refute that accusation. As is the case currently, it is ultimately up to the courts to decide whether an officer's actions in any given case has been lawful in the circumstance. We have already seen what happens when police abuse their powers but, ultimately, it is for the court to see whether they deem the officer's action to be reasonable.

In regard to searches, it is necessary to allow for frisk searches as well as ordinary searches as the latter may not reveal hidden items. An ordinary search means a search of a person, or of articles in the possession of a person, which might require the person to remove his overcoat, coat or jacket. A frisk search means a search of a person conducted by someone quickly running their hands over the person's outer garments. What Mr Stanhope is aiming to put in is a higher test than what is there at present. I refer members to the other matters I have raised in relation to this and the very real problem of property crime that we have in the territory.

MS TUCKER (11.35): This amendment ensures that the power to stop, search and detain people is only used in regard to people concealing or having about their persons something pertinent to fairly serious indictable offences and that such powers can only be used if the police officer believes there is a real imperative to conduct the search there and then.

This is another instance where the police believe it would be more convenient to be able to stop and search people if they suspect them of carrying or hiding anything illegal or stolen. End of story. I am sure they are right: it would be more convenient. But the Greens' chief concern here is that these powers can be used to harass people who look like criminals, who may have been in trouble with the law and who are not particularly liked by the police-generally people who are already are more likely to be noticeable to police. There is such a stereotype in that.

People in this place have incredibly different experiences of what is happening in society. We have often heard from members that we have the best police force in Australia. We might have the best police force in Australia, but if we talk to the Aboriginal community, the youth sector or people in multicultural groups, it is not all nice. If you are in our city at night and you are one of those groups of people, you can be harassed by police.

You just have to be young to get harassed or looked at in a funny way by some police. That is the reality, and I find it very odd that some people in this place do not seem to know that. Either they are not looking, they are not asking or they are pretending they do not know. It is a reality; it is a reality Australia wide; it is a reality everywhere.

Of course you have police harassment occurring, and of course you hope there is not very much of it. Maybe we have less of it but, whenever you talk about extending police powers in any way, you have to know that certain groups are going to suffer as a result of that. That is the truth. Obviously, we are concerned when we see a government moving more towards giving police power when we know that this is the reality, and we have to resist it. It is not only not necessarily going to achieve anything in terms of crime but it can also have implications for society more broadly.

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