Page 1349 - Week 05 - Thursday, 31 May 2007
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Amendment negatived.
Clause 41 agreed to.
Clauses 42 to 49, by leave, taken together and agreed to.
Clause 50.
DR FOSKEY (Molonglo) (5.59): I move amendment No 4 circulated in my name [see schedule 2 at page 1362].
At 6.00 pm, in accordance with standing order 34, the debate was interrupted. The adjournment of the Assembly having been put and negatived, the debate was resumed.
DR FOSKEY This amendment needs to be read in conjunction with proposed section 50A. I agree with ACTCOSS that it is essential for detainees to have an entitlement to direct access on a private phone line to accredited persons at all reasonable times. Without this entitlement, detainees may be understandably afraid that they will suffer retribution if they complain or report on alleged malpractice by corrections staff.
These amendments are required to ensure the effectiveness of the accredited persons system. While agencies like the AFP or ASIO could apply for a warrant to eavesdrop on conversations, these amendments would at least provide a partial safeguard for detainee communications with accredited people. These amendments would also bolster the health system in the jail by removing a disincentive to full disclosure by detainees of their problems and concerns to accredited people.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services) (6.02): The government will not be agreeing to this amendment. The amendment seems to imply that government should guarantee the availability of people and entities that are either not part of the government or are independent of the executive as a whole. Clearly, we cannot guarantee to provide access to people who are not part of the government. Secondly, the amendment may actually limit communication with accredited people, as it relies on the chief executive determining a reasonable time. Under the current drafting, it is envisaged that detainees will be able to communicate with their lawyer at any time, depending on the importance or urgency of the communication.
MR SESELJA (Molonglo) (6.03): The opposition will not be supporting this amendment.
Amendment negatived.
Clause 50 agreed to.
Proposed new clause 50A.
DR FOSKEY (Molonglo) (6.03): I move amendment No 5 circulated in my name [see schedule 2 at page 1362].
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