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Legislative Assembly for the ACT: 2008 Week 7 Hansard (3 July) . . Page.. 2663..


MR CORBELL (continuing):

consistency in the administration of occupational discipline in the territory whilst maintaining specialist procedures, considerations and orders, where appropriate, to specific occupations. The ACAT will deliver major positive reforms to the ACT tribunal sector, including greater efficiency, better support for tribunal members and registries—including a more structured career path for administrative personnel—and increased consistency across the consolidated jurisdiction whilst maintaining unique differences where necessary. Ultimately, the consolidated tribunal will improve access to justice in the territory. I commend the ACT Civil and Administrative Tribunal Legislation Amendment Bill 2008 to the Assembly.

Debate (on motion by Mr Stefaniak ) adjourned to the next sitting.

Crimes (Controlled Operations) Bill 2008

Mr Corbell, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.

Title read by Clerk.

MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services) (10:39): I move:

That this bill be agreed to in principle.

The Crimes (Controlled Operations) Bill will provide ACT Policing with a new legal framework to engage in controlled operations. The bill will also enable ACT Policing to work with police from other jurisdictions and the Australian Crime Commission to conduct controlled operations across state and territory borders.

A controlled operation is an investigative method used by law enforcement agencies to identify suspects and obtain evidence for criminal prosecution. The aim of a controlled operation is to gather evidence and intelligence against those who organise and finance crime, rather than just focusing on the people who carry out the rudimentary tasks, such as couriers or other intermediaries. Instead of seeking to terminate a criminal scheme immediately, police officers let the scheme unfold under controlled conditions. During the process of allowing this to occur, an informant, agent or undercover police officer may need to engage in conduct that would be criminal unless protected by law.

The bill will empower police to involve themselves covertly in organised crime, under strict operational control, to gain evidence and intelligence about the criminal behaviour. The bill will protect officers assigned to the operation from criminal liability if they need to break the law during the operation.

A controlled operation can only be authorised by the highest ranks in ACT Policing or the Australian Crime Commission and may only be carried out in strict accordance with the details of the formal authority issued for the operation. To ensure the powers are used for their intended purpose, the bill includes a number of important accountability provisions. Any operations that are authorised in connection with the

ACT completed in a financial year must be reported to the Minister for Police and


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