Page 3525 - Week 09 - Thursday, 21 August 2008
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Under the new regime, the court will continue to be able to make arrangements to block the view of the accused from complainants and similar act witnesses in sexual and serious violent offence proceedings. However, the court will only be able to make these arrangements for complainants and similar act witnesses in less serious violent offence proceedings if the court is satisfied that the complainant or similar act witness is a relevant person in relation to the accused or the complainant or similar act witness has a disability that affects their ability to give evidence in the proceedings.
The amendment recognises that there are some situations where it may be unnecessary for a complainant or a similar act witness in a proceeding of a less serious violent crime to be afforded automatic protection. Protection will be afforded to these witnesses where the court is satisfied that there is a need for the witness to be protected. However, the amendment recognises that a relationship between the accused and witnesses such as parent and child, husband and wife, or domestic partners would be sufficient grounds for ordering protection.
Finally, in relation to amendment 6, new section 38C prohibits a self-represented accused from personally cross-examining any of the following witnesses for the prosecution in a sexual or violent offence proceeding: complainant, child, a similar act witness, or a witness with a disability that affects their ability to give evidence. Government amendment No 6 replaces section 38C (1) to amend the circumstances when this protection applies dependent on whether the crime falls in the category of a serious violent offence or a less serious violent offence.
Under the new regime, the protection would continue to apply automatically to complainants and similar act witnesses in sexual and serious violent offence and to children and disabled witnesses in sexual, serious violent and less serious violent offence proceedings. However, the protection will only apply to complainants and similar act witnesses in less serious violent offence proceedings if the court is satisfied that the complainant or similar act witness is a relevant person in relation to the accused or the complainant or similar act witness has a disability that affects their ability to give evidence in the proceedings.
Amendments agreed to.
DR FOSKEY (Molonglo) (8.44): I seek leave to move amendments Nos 2 and 3 circulated in my name together.
Leave granted.
DR FOSKEY: I move amendments Nos 2 and 3 circulated in my name together [see schedule 4 at page 3555].
These amendments address the major criticism from each person and organisation who have made complaints to me about this bill. The right to defend oneself in person is centuries old. Prior to the amendments, this bill placed an extraordinarily far-reaching and unreasonable restriction on that right. While I accept that the government’s amendments correct the most concerning aspect of restricting the right of the defendant to cross-examine the witness by changing the definitions of violent offences, I do think that they have gone quite far enough.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .