Page 4179 - Week 12 - Wednesday, 23 October 2019
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frontline community service providers these offences can be appropriately punished, at the judiciary’s discretion.
The establishment of these 13 aggravated offences follows, and builds on, the model used in the Crimes (Offences Against Pregnant Women) Amendment Bill 2005, which was introduced by then chief minister Mr Jon Stanhope MLA. The bill recognises that some acts of violence are worse than others and that violence towards police, paramedics, firefighters, nurses, doctors and prison guards deserves separate and more severe treatment in some cases.
The bill also reflects the community desire for appropriate sanctions for malicious acts against frontline community service providers. I have drafted these laws in close consultation with workers on the front line and with their representative groups. These laws have the support of the workforce. Ninety-eight per cent of police officers support the introduction of these types of laws.
I will now go into further detail about the key reforms in the bill. I turn first to the creation of a new assault offence. This offence is a specific new offence to address the increasing frequency and severity of assaults against police, paramedics and other frontline community service providers. The ongoing exposure to occupational violence takes a huge toll on the mental and physical wellbeing of our workforce. Establishing a separate offence for these types of assaults is important in order to recognise the risk and occupational vulnerability experienced by these workers. The bill carries a maximum penalty for such offences of five years.
Furthermore, this new offence would also mean that it would be reflected in the offender’s criminal record, providing a better insight into their criminal history and character. The inclusion of this measure in the bill is very important to those on the front lines.
Secondly, the bill will create two new standalone offences: driving at a police officer or other frontline community service provider or driving at their vehicle. For example, the more frequent offences we hear about are of people with criminal intent driving at police cars here in the ACT. The new offences have been created specifically to address this phenomenon that we are seeing across the ACT, with an increasing number of incidents of perpetrators using their vehicles to intimidate and to do damage.
A person commits an offence if they drive a motor vehicle at or near a frontline community service provider in a way that risks injuring the provider and is reckless as to whether the other person was a frontline community service provider and whether their driving would risk injuring the provider.
Under this new offence, the prosecution does not have to prove that the provider was on duty at the time of the offence or that the provider feared injury as a result of the conduct. The offence will attract a maximum penalty of 15 years imprisonment. A person will also commit an offence if they intentionally or recklessly drive a motor vehicle at a frontline community service provider vehicle and cause damage. This new standalone offence attracts a maximum penalty of five years imprisonment.
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