Page 3882 - Week 11 - Tuesday, 19 September 2017
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The definition in the Criminal Code includes psychological harm but specifically excludes emotional reactions such as distress, grief, fear and anger. For these reasons, today’s bill will expand what counts as “harm” in relation to drink spiking. It specifically includes impairment of the senses or impairment of understanding. It means that, for criminal purposes, if a reasonable person would have objected to the level of impairment that results from drink spiking then that by itself counts as harm.
In developing this legislation the government sought feedback from the ACT Law Society and Bar Association. They suggested a more restrictive definition of harm might avoid unintended consequences or the criminalisation of normal social behaviour. I thank them for their contribution and their assistance in exploring this important reform.
The aim of these offences is certainly not to criminalise day-to-day social interactions in the territory. However, it is important that the definition of harm remain broad. Defining harm as we do in this bill will prevent offenders from disputing their responsibility on highly technical arguments. It sends the message that spiking someone’s drink will not be tolerated, even if the person claims that it was a prank. What matters is whether a reasonable person would have objected to being impaired in that way.
As I mentioned, the government has engaged in broad consultation in developing these new laws. The legal profession was consulted. We also consulted with other key stakeholders in the justice system, including support services for victims. The Victims of Crime Commissioner and the Canberra Rape Crisis Centre had input into the creation of this bill. The Human Rights Commission and the Director of Public Prosecutions have also contributed to the development of this legislation.
We found through consultation that there is widespread support for laws that cover drink spiking comprehensively. I thank all people who have been involved in the consultations. These new offences include penalties of up to five years’ imprisonment or a $75,000 fine. These are appropriate penalties which reflect the seriousness of drink spiking incidents. They send a strong message that such conduct will not be tolerated.
This government is working hard to ensure that Canberra remains a safe place to live, to work and to visit. We have delivered a range of measures to ensure that Canberrans can enjoy what this city has to offer in safety. Our police and our prosecutors play an important role in detecting and prosecuting crime, and the six additional police this government has funded in the latest budget will be focused on our night precincts. This bill will give them better tools to hold offenders responsible for a crime that disproportionately targets the safety of our night-time economy. This bill is one more in a series of reforms that together will support a safer, stronger and more vibrant Canberra. I commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
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