Page 2862 - Week 08 - Wednesday, 24 June 2009
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The Standing Committee of Attorneys-General national agreement on organised crime recognises that jurisdictions will adopt measures that consider their individual circumstances. Some of the legislative measures agreed to by SCAG have already been implemented or are currently on the ACT government’s agenda.
When I introduced the first phase of the cross-border investigations legislation, the Crimes (Controlled Operations) Bill, in 2008, I announced a review of police criminal investigative powers. Since that time, I have invited key stakeholders to work together with my department to prepare a discussion paper as part of this review. The goal of that review is to reform and modernise the territory’s law as it relates to police investigative powers.
The police criminal investigative powers review will comprehensively evaluate, for the first time, all police powers of criminal investigations and ancillary laws in the territory. The review is a long-range project and will result in a proposal for substantial legislation reform.
The Crimes (Controlled Operations) Act 2008 that I have already mentioned is part of a national project to develop model laws that aid criminal investigation across state and territory borders. This legislation provides ACT police with a legal framework to engage in investigative methods to identify suspects and obtain evidence for criminal prosecution.
In the future, I will introduce legislation into the Assembly that will establish a legislative scheme for assumed identities, witness protection and surveillance devices.
The government report which I table today provides members with the information and the reference points needed to allow a measured and informative consideration of the issue of serious organised crime groups and activities. One thing is very clear: that is that any approach to truly combat serious organised crime requires national coordination and collaboration with a multidisciplinary approach covering aspects from intelligence collection and sharing through to prosecutions and sentence outcomes.
The government report undertakes a thorough analysis of the relevant human rights principles engaged by potential laws directed at serious and organised crime groups.
The rights contained in the Human Rights Act 2004 are based on those contained in the International Covenant on Civil and Political Rights and the United Nations Universal Declaration of Human Rights.
It is important to remember why this Assembly should consider these rights in a meaningful way and not simply pay them lip-service. The rights contained in our Human Rights Act were not developed overnight. They draw on principles and values which have evolved over centuries. History will tell us, through bitter experience, that tyranny, oppression and fear have flourished where governments have failed to observe and respect these rights.
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