Page 1312 - Week 05 - Thursday, 18 June 2020
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
that the complaint or matter is appropriate for conciliation. Civil penalties can apply where a trader fails to attend a compulsory conciliation without reasonable excuse. This is an important regulatory tool to support the commissioner to facilitate good outcomes for consumers in the ACT.
The bill also introduces a number of changes to the Human Rights Commission Act to streamline and improve the way in which the ACT Human Rights Commission deals with complaints. Changes include: allowing complainants to withdraw a complaint verbally; allowing a conciliation to be successfully resolved verbally; removing the requirement that a complaint can only be referred to conciliation if it is likely to be successful; and allowing for commission-initiated discrimination matters to be referred to the ACT Civil and Administrative Tribunal for determination.
The commission plays an integral role in the ACT’s rights protection framework, and the changes in this bill ensure that the processes that the commission uses to handle complaints are fit for purpose. The bill also makes a number of amendments to the Crimes (Sentence Administration) Act 2005. It allows the Sentence Administration Board to remand an offender on parole in custody for up to eight days. Allowing the board to adjourn for a full week provides the best opportunity for issues to be resolved and the offender’s situation stabilised prior to the next hearing. This is likely to prevent the need for a subsequent adjournment. In deciding the length of the adjournment, the board must consider how long a period is reasonably necessary, taking into account the purpose of the adjournment, the personal circumstances of the offender and the interests of justice.
To support the effective management of the board, the bill further provides for the power to issue a warrant of arrest for an offender appearing remotely who is remanded in custody pursuant to section 210. A further amendment is made to clarify that any period for which a warrant is outstanding and the offender is not in custody does not count as part of the offender’s term of imprisonment. The bill makes further amendments to clarify the current practice that victims can give evidence to the Sentence Administration Board in relation to inquiries into parole applications, clarify that oral submissions may be kept confidential, and clarify that victims can request that their submission be kept confidential.
Another important change introduced in the bill is an amendment to the Spent Convictions Act to allow for a person with a youth sexual offence conviction to apply to the court for an order that the conviction is spent. As being convicted of a sexual offence can impact employment prospects and social participation, this amendment may improve employment outcomes for affected offenders. Unlike other convictions in the Spent Convictions Act, youth sexual offence convictions cannot become automatically spent. An applicant must apply to the court, and the court may order it be spent only where a sentence of imprisonment longer than six months has not been imposed and the offender has completed a five-year crime-free period. The court must also be satisfied that it is in the public interest to make the order by considering, for example, the nature, circumstances and seriousness of the offence, whether the applicant poses any risks to public safety if the order is made and any views of the victim.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video