Page 4410 - Week 12 - Thursday, 24 October 2019
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Together, they allow the court to be made fully aware of the communication needs of the witness and for the court to make any adjustments needed.
Both of these changes are about improving access to justice, especially overcoming some of the entrenched issues that were highlighted by the royal commission. As stated by the minister:
… children must be able to give a comprehensible account of what has happened, understand the questions being asked of them and provide a comprehensible response … Without this, evidence of any criminal acts perpetrated against them cannot be heard and considered by the criminal justice system. Consequently, the abuse remains unheard and unaddressed.
We also note that the bill provides the court with a broad discretion to order a ground rules hearing or appoint an intermediary for any witness with a communication difficulty, including an accused person. This is an important extra tool for our courts to use in criminal matters.
Mr Ken Archer, a prominent local barrister who members would be aware of, has written a detailed and considered submission raising several concerns. From briefings, I understand that the directorate has made amendments to respond to some, but not all, of the issues raised by Mr Archer. As ever, we will maintain a watching brief. I would like to thank Mr Archer, the Law Society, the Bar Association and Adele Banks from the Attorney-General’s office for their input to this legislation.
On balance, given the nature of the crimes and the problems facing victims and witnesses, our view is that these amendments support the justice system. We will support the bill.
MS LE COUTEUR (Murrumbidgee) (5.38): I am very pleased to stand in support of this amendment bill. The bill responds to recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse and adds to several recommendations the ACT government has already adopted.
As the attorney said when he tabled this amendment bill, this is the fourth legislative implementation of reforms arising from the royal commission and adds to the work already being done in this jurisdiction to ensure that children are kept safe and that offenders are held accountable. I commend the government for its proactive stance on these issues.
When it comes to child sexual abuse, I have no doubt that everybody here wants to see perpetrators of this heinous and destructive crime held accountable. I have been reassured by the various reforms that have occurred.
I want to particularly mention and acknowledge the contribution of Heidi Yates, the Victims of Crime Commissioner, who, upon first commencing in that role, made this her absolute priority. She brought experts from New South Wales to talk to the government and assisted in educating the community about the benefits of intermediary schemes. I have no doubt that this advocacy has assisted in advancing the development of this bill.
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