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

Legislative Assembly for the ACT: 2001 Week 9 Hansard (22 August) . . Page.. 3213 ..

To facilitate the publication of committee reports on the internet the committee has recommended that the Assembly authorise the publication of those reports of Assembly committees that have not been authorised for publication to date. It has also recommended that:

standing orders be amended to provide that, on the presentation of a report of an Assembly committee, any Member may move a motion to authorise the publication of that report; and

procedures be put in place by the Clerk to ensure the integrity of electronic copies of documents published on the Internet is maintained.

Creation of statutory offences

Part IV of the Bill creates certain statutory offences relating to the operation of the Assembly. The offences relate to conduct that would constitute a contempt of the Assembly.

The maximum penalty for each offence is a fine of $5,000 or 6 months imprisonment or both. If the offender is a body corporate the fine is greater.

The offences covered in the Bill relate to:

unauthorised disclosure of committee proceedings;

failure of witnesses summoned to attend before the Assembly or a committee and produce documents;

failure of a witness summoned to take an oath or give evidence;

the giving of false or misleading evidence; and

improperly influencing witnesses.

In deliberating on these issues the committee considered the question of whether it would be more appropriate for the Assembly or the courts to consider these matters. It can be argued that the statutory penalties are more appropriate as a deterrent and the courts are better equipped to consider and reach decisions on these matters.

The committee, however noted that examples have not emerged to date where it could be argued that it would have been desirable for the courts, rather than the Assembly, to address such matters and that certain offences that could constitute contempt are already addressed by the law of the Territory.

[e.g. - corruption and bribery of Members (Section 15 of the Crimes (Offences against the Government) Act]

The committee was also conscious of a potential for conflict between the Assembly and the courts on such matters and the distinction between the legislature and the judiciary being broken down.

The committee concluded, on balance to recommend that Part IV of the Bill not be proceeded with. The committee, however, has recommended that the standing orders of the Assembly be reviewed with a view to putting in place procedures for the protection of witnesses where a committee is considering a matter referred to it that may involve or give rise to an allegation of contempt.

On behalf of the committee, I commend the report to the Assembly.

Question resolved in the affirmative.

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