Page 2297 - Week 07 - Thursday, 4 August 2016
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I understand there is an amendment being circulated by the Greens in relation to this that the government will not be supporting. I have not had any conversation with the Greens person about this, but I think that there are concerns with what the Greens are asking for. I note they have raised some concerns with this aspect of the legislation. I understand those concerns but will not be supporting their amendment. We have discussed that with the government.
This is a complex area, there is no question. There are those who support it, including the Victims of Crime Commissioner, but I note that the Law Society does not support this. I met with the Law Society to discuss this issue. I note their concerns and I understand the rationale for why they have raised their concerns. They have advised also that the Bar Association has the same concerns with this legislation. It is a complex and difficult area of law. It is that balance between the rights of individuals and community safety. I think the government in this case has listened and has sought to get the balance right by their amendments.
Given the government intends to move amendments, once they are made they will go a long way to addressing the concerns that have been put forward. I acknowledge this is an area that will need to be monitored. We do not want to see vexatious appeals. This legislation should not result in an automatic appeal every time a magistrate grants bail; it should be done only in those cases where there is a considered and urgent need for an appeal. That will need to be monitored, and I am glad there is a review clause as part of this legislation. We will support the bill, noting those concerns. I indicate that I will be supporting the government amendment but not that from the Greens.
MR RATTENBURY (Molonglo) (11.11): The Crimes (Serious and Organised Crime) Legislation Amendment Bill proposes several new laws, the intention of which is to disrupt the criminal activities of outlaw motorcycle gangs. Despite its title, the bill also proposes several other amendments to the criminal law, including in relation to child sex offenders and in relation to the granting of bail. The Greens are agreeable to some of the changes in this bill. However, there are several that we do not support and which we believe are problematic. It appears that we will be the only party to oppose the problematic parts of this legislation, so I will take a little time to explain my concerns; and I also flag that I will be proposing an amendment in the detail stage.
Mr Corbell has talked to the Assembly about the threat of outlaw motorcycle gangs—or OMCGs, for short—in the ACT. The issue was of course part of cabinet discussions for this legislation. The explanatory statement also provides an assessment of the current situation in the ACT relating to OMCGs. Essentially the situation is—to quote the explanatory statement—that “incidents involving offending that can be directly attributed to OMCGs are rare in the ACT” and that “the level of activity by OMCGs is relatively low in the ACT”. However, it still does pose a public safety risk. There is a reported increase in activity related to these gangs. Essentially, the government and ACT police need to remain vigilant and would like long-term preventative capabilities to address OMCG activities in our region.
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