Page 278 - Week 01 - Thursday, 11 February 2016
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expansion of RJ to incorporate all offenders for all crimes—namely, the broadening of RJ to sexual offenders and perpetrators of domestic violence.
As has been raised previously and discussed yesterday on the motion relating to restorative justice, the Canberra Liberals believe the establishment of a dedicated domestic violence court is a more appropriate first step in working with victims and perpetrators within the legal system. The Canberra Liberals agree with the ACT Law Society in its opposition to certain aspects of this bill—namely, the referral of certain matters to the Sentence Administration Board rather than the sentencing court and the lack of electronic monitoring, as I have discussed previously.
The Law Society released a media statement that says, in part:
Implementation of ICOs, including the power to order electronic monitoring, was seen by the Society as a valuable sentencing option for courts in the ACT. The Society’s support was based on an understanding that ICOs would be subject to review by the sentencing court and that electronic monitoring would be available.
The release continues:
The Society opposes the Government’s proposal to allow decisions related to breach, suspension and cancellation of the ICOs to be taken by the Sentence Administration Board rather than the sentencing court.
The bill makes provisions for a review mechanism, which is a prudent step. In our view this could have been brought forward from post the three-year-mark in order to allow any adjustments to be made earlier rather than later. That said, the implementation of this bill will be keenly watched by the opposition. The success of the implementation of intensive correction orders lies well beyond the reach of legislation but much more in the will and the attitude taken in the approach of implementing these measures.
As Mr Hanson alluded to yesterday, there are complex issues with restorative justice as we move forward. The principles of restorative justice are entirely appropriate in the right circumstances and in dealing with lower level offences. However, we have strong reservations about the inclusion of more serious offences as the orders are rolled out more broadly. This aspect will, again, be something the opposition will be watching closely. The consideration of restorative justice for less serious domestic violence offences and sexual assault offences is an aspect that does not sit well. Instead, the Canberra Liberals continue to see the need for the implementation of a domestic violence court dedicated to dealing with family violence cases. This would pave the way for a more consistent approach to the handling of these matters within our legal system.
In closing, we will be supporting the bill but reiterate our observations and the concerns that we have raised and note that we will be keeping a close eye on it as it is rolled out in the coming months.
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