Page 5153 - Week 12 - Thursday, 27 October 2011
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
information that must be provided includes whether the operative has been found guilty of an offence, any findings of professional misconduct and whether a court has made any adverse comment about the operative’s credibility.
One of the most important protective measures provided by the bill is that it enables the court to give leave to allow the disclosure of a witness’s identity, despite the existence of a witness identity protection certificate. The court may give leave where the evidence of the witness’s identity would “substantially” challenge the witness’s credibility. The bill deliberately requires such a high standard as there are real and substantial risks to a witness where leave is granted to disclose their true identity.
Furthermore, where the protection of the witness’s identity means that the defendant is unable to properly test the facts in issue, the court has discretion to stay the proceedings in the interests of justice. The joint working group which developed the model legislation has noted that “a case where a stay would be necessary would be very rare”.
There is support for the Crimes (Protection of Witness Identity) Bill scheme in the approach of both the House of Lords and the European Court of Human Rights, which have acknowledged that there may, in certain circumstances, be a need to limit human rights in order to protect the life, liberty or security of witnesses and the investigation of criminal matters.
This scheme will significantly support undercover police and other operatives in safely and effectively combating organised crime in the ACT and across Australia.
The bill will provide protections for the safety and security of undercover operatives who give evidence in proceedings and will also protect their families. The certainty and consistency provided by the legislation, and the national scheme of which it is a part, will encourage participation by such undercover operatives and enhance effective investigation of criminal activity.
The bill, while providing such protections, also provides safeguards to ensure that limits on human rights are proportionate and justifiable. I thank members for their support of the bill and I commend it again to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
Sitting suspended from 12.23 to 2 pm.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video