Page 2021 - Week 07 - Thursday, 13 August 2020
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The bill makes amendments to the territory’s spent convictions scheme by inserting a new division 2.2 in the Spent Convictions Act 2000 in relation to youth sexual offence conviction. The youth sexual offence conviction is where a person is not dealt with by the court as an adult, and where the court imposes either no term of imprisonment or the sentence of imprisonment imposed is not more than six months.
These amendments will allow a person with a youth sexual offence conviction to make an application to the relevant court for the conviction to be spent after that person has completed a five-year crime-free period. The court must consider a range of factors in deciding whether it is in the public interest to make an order that a youth sexual offence conviction be spent. These factors include the nature, circumstances and seriousness of the offence for which the person was convicted and the views of the victim of the offence. I think the observation Mr Hanson made about that proposal and the sorts of circumstances that are envisaged summed up the discussion quite well.
The bill amends the Human Rights Commission Act 2005 to make the ACT Human Rights Commission’s complaints processes more efficient and effective. The bill inserts a new section 53BA in the act to allow the commission to refer commission-initiated discrimination matters to ACAT for determination. Currently, the commission can only refer unresolved complaints about alleged discrimination and vilification matters to ACAT upon a complainant’s request. This amendment will allow the commission to address systemic discrimination in the ACT.
The bill makes amendments to allow a complainant to verbally withdraw their complaint to the commission. Currently, the commission is only able to close a complaint if a complainant withdraws their complaint in writing. The bill also removes the requirement that the commission must be satisfied that a complaint matter is likely to be successfully conciliated. As such, the commission will be able to refer more matters for consideration because it will only need to be satisfied that a matter is appropriate for conciliation. Finally, the bill introduces an amendment to the act to allow a case officer working at the commission to conciliate and consider the same complaint.
The bill also makes amendments to several other acts and regulations to simplify legislation and provide more legislative certainty. These amendments include removing the reference to the Australian Standard for Adaptable Housing in the Civil Law (Sale of Residential Property) Act 2003 and relocating it to the Civil Law (Sale of Residential Property) Regulation 2004 to allow for timely amendments in the future, should the standard change. It amends the Classification (Publications, Films and Computer Games) Enforcement Act 1995 to simplify the licensing scheme for the distribution of X18+ films so that the ACT offers a single licence to deal in X18+ films.
It amends the Victims of Crime Act 1994 to remove the requirement that the amount of the victim’s services levy must be stated on a defendant’s fine order or penalty notice.
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