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

Legislative Assembly for the ACT: 2003 Week 14 Hansard (9 December) . . Page.. 4991 ..

MS TUCKER (continuing):

this bill will be adjourned. We can then take time to establish what effect this bill will have on the community.

Mr Wood: I didn't know about that.

MS TUCKER: The government was not aware that debate on the bill was to be adjourned. We were under the impression that members were happy to adjourn debate on the bill after the in-principle stage.

Mr Wood: I understand it's going right through.

MR SPEAKER: Order! Ms Tucker has the call.

MS TUCKER: I think the majority of members would support a motion to adjourn debate on the bill after the in-principle stage. It is puzzling, disturbing and frustrating when we encounter this sort of attitude towards law reform. We must not just tap into available expertise in the community; we must also, for the sake of democracy, alert practitioners or those working with them in this field-people who might be affected by any decisions that we make-to the fact that they have an opportunity to have a say. We might even learn something if we listen to the views of relevant people.

The bill was introduced in October but the scrutiny of bills committee reported on it only recently and the government has yet to respond to that committee's report. The committee's report, a 12-page document, raised important principles of justice and other outstanding issues that should be considered by all territory representatives. The Australian Crime Commission is the latest incarnation and refinement of the super police system for investigating organised crime that was originally proposed in 1982-the National Crime Commission. That proposal was rejected after being reviewed by a former federal Labor government. It established instead the National Crime Authority and incorporated a few additional safeguards.

When the National Crime Authority was established by former Prime Minister Hawke and former Attorney-General Gareth Evans, they recognised the need to avoid fragmentation of law enforcement efforts in the fight against organised crime; the need to take into account fears that had been expressed about a permanent criminal investigation body with unlimited terms of reference and uncontrolled investigative powers; and the need to obtain state involvement in the NCA's activities. The new Australian Crime Commission, which commenced operation nationally on 1 January 2003, combined the functions of the former National Crime Authority, the Australian Bureau of Criminal Intelligence and the Office of Strategic Crime Assessments.

The ACT enacted legislation relating to the National Crime Authority but it did not enact legislation relating to the other two bodies. The Australian Crime Commission carried over the functions and rules of the National Crime Authority and the amendments that were effected in 2001. This is not the same body that the territory took into consideration when passing the National Crime Authority (Territory Provisions) Act 1991. There is some question about whether those changes have led to that body having a greater effectiveness. The commission has been entrusted-the former NCA was also entrusted-with special powers beyond those given to any police service.

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