Page 131 - Week 01 - Wednesday, 10 February 2016

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entire framework is working. I am trying to express in my debating points that that framework is not working as it should, and the impact of that on restorative justice is a debating point.

MADAM ASSISTANT SPEAKER: Thank you, Mr Hanson. I refer you to my earlier point, about remaining relevant. Mr Corbell, I also refer you to my earlier ruling that the motion talks about the vision for a safer, more connected community—

Mr Corbell: In the context of restorative justice, Madam Assistant Speaker.

MADAM ASSISTANT SPEAKER: It says “using restorative processes and continue”. Mr Hanson, please consider your references.

MR HANSON: Madam Assistant Speaker, I will consider them. They are very sensitive, aren’t they? I think restorative justice is important. Maybe restorative justice could be applied to people who attack police. Equally, we need to make sure that we have adequate sentences for people who carry out those types of attacks. The government are refusing to act, so if they will not, we will.

One issue that restorative justice, at this stage, will not step towards is the issue of domestic violence. We have called for a specialist domestic violence court, which I believe is missing from our legal system. Restorative justice will not address domestic violence cases, and that is why we have called for a domestic violence court to be established. The government has failed to act on that.

Restorative justice will only work if you have a properly resourced court system. We know that this government have been dragged kicking and screaming to appoint a fifth Supreme Court judge. We called for that three years ago. Hundreds, if not thousands, of people have had their justice delayed as the court system has not been responsive enough regarding criminal and civil matters in our courts. It is the Supreme Court where they have been dragged kicking and screaming, and now we see a logjam in the Magistrates Court, with those cases delayed. It is difficult to have restorative justice if you cannot get your case heard in a timely fashion.

Equally, restorative justice requires a well-operating DPP. The DPP has said in committees in this place that he is so under-resourced that some days he struggles to get prosecutors to court. He cannot find the people. He struggles to find the people to get to court on a given day to do the important work that he has to do. Surely, the DPP has a role when it comes to restorative justice.

What about those people who find themselves going to jail, having regard to the restorative justice system here in the ACT? What do we say about the restorative justice nature of a jail that is overflowing? How do you have restorative justice when there are drugs proliferating in the jail? How do you have restorative justice when there are assaults in the jail? How is there restorative justice for a remandee who is raped by a sentenced prisoner, Madam Assistant Speaker? You do not. These are the issues that are plaguing our justice system and that are plaguing our jail.


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