Page 2204 - Week 06 - Wednesday, 9 May 2012
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community and they reflect that although there have been clear breaches of bail, and these were the words of the justice involved—
MADAM DEPUTY SPEAKER: Mrs Dunne, can we talk in general terms instead of referring to the particular case?
MRS DUNNE: There have been clear breaches of bail by this young person who has been in and out of custody over a long period of time. This is emblematic of the issues that come before us in this place and the issues that are before the minds of the people of Canberra at the moment. The questions that I ask the government to address in my motion are questions that the people of the ACT have a right to an answer to and it should be provided as a matter of course. This information is not readily available, which is why I have asked for it.
My office has been advised that the government cannot support the providing of this information simply because they do not know. They do not have the information, it would seem, and that in itself is an indictment of the administration of justice in this place, that this attorney, after six years as an attorney, after many amendments to the Bail Act, many issues to address the backlog in the courts, cannot provide, or will not provide—I do not know; the advice that I have received is that the directorate does not hold this information.
We cannot tell how many people in the last two financial years have been remanded in custody and subsequently acquitted. That is a matter of serious concern. It is a matter of people being presumed to be innocent until proven guilty. Sometimes those people are held in custody for a long period of time. We have seen problems with the justice system where people are often released on bail because the time that they would be remanded before a matter is heard might be longer than the penalty for the matter before the courts.
These are problems that this government needs to address. The number of instances of people who fail to comply with their bail conditions is a matter of considerable concern to the people of the ACT. Of even more concern is not just the simple failure to comply with bail conditions but people who reoffend while on bail. One of the standout provisions in the decision to afford someone bail is whether or not they are at risk of reoffending and whether they endanger the safety and welfare of the public if they were released on bail or whether they might interfere or otherwise obstruct the course of justice. But this minister is going to stand up and tell us that he cannot give us that information.
I notice that the government has amendments that basically are the sort of thing that the minister should be able to stand up and recite off the top of his head if he were really committed to the improvement of the criminal justice system in the ACT. He has committed to reporting to the Assembly by 5 June on how the government monitors and enforces instances of noncompliance with bail conditions.
This is a pathetic response from the government in the face of real concerns from the community. This is a matter of utmost concern to the community. It is a matter of ensuring the safety and security of the people of the ACT. It is a matter of ensuring
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