Page 5919 - Week 14 - Thursday, 8 December 2011
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The new provisions have been drafted to accommodate the differences between the individuals in their cultural and religious practices and observances, consistent with the right to freedom of religion under the Human Rights Act 2004. In addition, the Justice and Community Safety Directorate has consulted with the ACT Muslim Consultative Council and the Human Rights Commission in relation to the proposed laws.
I would like to make it clear that neither ACT Policing nor the Office of Regulatory Services have reported difficulties in their dealings with particular religious or cultural communities, and these laws are not directed at members of those communities.
That is not to say that these laws are unnecessary. ACT Policing regularly encounters motorists wearing items such as helmets, balaclavas, large sunglasses, scarves, hoodies and various types of masks. While the majority of the time motorists are compliant with ACT Policing’s requests around properly identifying themselves, on occasion ACT Policing have encountered problems with motorists who refuse to remove items that prevent identification. In these cases, it has been necessary to rely on the arrest power under the Crimes Act 1900, rather than powers under the road transport legislation, in order to establish the person’s identity. The arrest power is a cumbersome solution to what should be a straightforward question of establishing identity. More importantly, the arrest power does not afford persons with religious or cultural concerns the same level of protection for religious expression that the new laws will provide.
I can advise members that the ACT Muslim Consultative Council was briefed on the proposed laws in September this year and that information on the laws was translated into Arabic and provided to the community for consultation purposes in November 2011. I can also advise members that the Office of Regulatory Services, which is now responsible for administering driver licensing arrangements in the ACT, is able to make arrangements to accommodate women who wear the niqab. For example, arrangements have been made with the Road Ready centre to have a female staff member available to verify the identity of course participants who wear facial coverings for religious or cultural purposes. At the motor registry, arrangements have been made so that there is a female staff member who can conduct driver licence examinations for these women, and at Canberra Connect shopfronts female staff can make arrangements to take driver licence photographs in private.
ACT Policing will provide a comprehensive briefing package to all operational members around the amended legislation, highlighting cultural and religious aspects to ensure that there is no misunderstanding of the intent of the legislation while providing a greater understanding of the roles and responsibilities each member has in its implementation.
The bill includes amendments to modernise the concept of “repeat offender” in line with amendments that were made last year to the Road Transport (Alcohol and Drugs) Act 1977. Those amendments explicitly displaced the common law principles of statutory interpretation that apply to repeat offender provisions, which are that a person will only be regarded as a “repeat offender” for a penalty provision if the
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