Page 3528 - Week 09 - Thursday, 21 August 2008
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good points there and we will also be opposing these amendments, but we will monitor it to see how it operates.
Amendments negatived.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services) (8.53): I move amendment No 7 circulated in my name [see schedule 3 at page 3552].
New section 38D provides an entitlement to a complainant or a similar act witness in a sexual or violent offence proceeding to have a support person seated close to them and within their sight while they are giving evidence. Government amendment No 7 replaces section 38D (1) to amend the circumstances when this protection applies, depending on whether the crime falls into the category of a serious violent offence or a less serious violent offence.
The court can order a support person for a complainant or a similar act witness in a sexual or serious violent offence proceeding but can only order a support person for a complainant or a similar act witness in a less serious violent offence proceeding 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 proceeding.
Amendment agreed to.
Clause 8, as amended, agreed to.
Clause 9.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services) (8.54): I move amendment No 8 circulated in my name [see schedule 3 at page 3552].
Section 39 provides the court with the discretion to order the court to be closed to the public while a complainant or similar act witness in a sexual or violent offence proceeding is giving evidence. Government amendment No 8 replaces section 39 (1) to amend the circumstances when the court orders a closed court depending on whether the crime falls into the category of a serious violent offence or a less serious violent offence. The court can close the court to the public while a complainant or a similar act witness is giving evidence in a sexual or serious violent offence proceeding but can only order a closed court for a complainant or a similar act witness in a less serious violent offence proceeding 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 proceeding.
MR STEFANIAK (Ginninderra) (8.55): We will be supporting the amendment. I note that in the explanatory memorandum the attorney refers to principles under the Human Rights Act. I heard Dr Foskey say that she thought some of these might not be compatible with that. She might have a point here but I do not think it is a problem
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