Page 3556 - Week 08 - Thursday, 18 August 2011
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Taking into account both these view points, I believe the existing provisions are appropriate and that their extension to civil matters is equally appropriate. Provisions require that a person seeking access to the information satisfy the judge that there is a legitimate forensic purpose in the counselling notes and that providing access is in the public interest. I think this approach is the best available. It is better than providing a blanket ban on any counselling notes at any time. It is also better than treating counselling notes the same as any other piece of evidence. They are different, and they deserve the added protections provided for in these proposed amendments and in the existing model. On that basis, and in conclusion, the Greens will be supporting this bill today.
MR CORBELL (Molonglo—Attorney-General, Minister for the Environment and Sustainable Development, Minister for Territory and Municipal Services and Minister for Police and Emergency Services) (4.40), in reply: I thank members for their support of this bill. The passage of this bill today is another important step towards facilitating the implementation of the ACT’s first Evidence Act since self-government. In March this year, members may remember that the Assembly passed the Evidence Bill 2011. The Evidence Act, which has now been notified and is awaiting commencement, implements the model uniform evidence law agreed to by Attorneys-General in 2007.
The adoption of the model law will replace the application of the commonwealth’s Evidence Act 1995 in the territory which has been directly applied since self-government. The territory’s own Evidence Act will overcome the confusion that has arisen with this arrangement about the legal relationship between the commonwealth and ACT law.
The Evidence (Miscellaneous Provisions) Bill represents the second in a series of bills that will be presented this year to reform the law of evidence in the territory. I will be presenting a third bill in these August sittings, and the final fourth bill will be presented before the end of the year. It is intended that all of the bills presented this year will commence simultaneously early in 2012.
The rules of evidence that have been implemented in the territory through the model uniform evidence law are general in their application. Therefore, it is necessary for the ACT and other uniform evidence jurisdictions to supplement their evidence acts with specific legislation that deals with matters which fall outside the scope of the model laws.
In the ACT currently most evidentiary matters which fall outside scope are contained in older ACT laws—namely the Evidence Act 1971 and the Evidence (Miscellaneous Provisions) Act 1991. As part of the evidence reforms, the latter of these two acts will be retained and will become the primary source of evidentiary matters which are not contained in the territory’s Evidence Act. The Evidence Act 1971, which largely contains provisions that duplicate those in the Evidence Act, will be repealed.
The bill for debate today includes amendments that will update, consolidate and reorganise the Evidence (Miscellaneous Provisions) Act 1991. These amendments include removing redundant words and phrases, updating and simplifying language, and updating provision headings for clarity. Amendments have also been made to
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