Legislative Assembly for the ACT: 2012 Week 6 Hansard (10 May) . . Page.. 2343..
The new provisions clarify the confusion that has been caused in some instances where the relevant offence was committed prior to the periodic detention period but the offender was convicted or found guilty of a relevant offence while serving periodic detention.
The amendment will ensure that section 70 cancellation applies in circumstances where, during a periodic detention period, an offender commits, and is convicted or found guilty of, a further offence in the ACT or within Australia that is punishable by imprisonment or, in the case of an overseas jurisdiction, the act was against the law and, if it had been committed in Australia, would have been punishable by imprisonment.
The fourth technical amendment will provide for the chair of the board to organise the business of the board with greater efficiency. Currently, the chair lacks the legislative authority to reconstitute divisions within the board on occasions where board members are unavailable—for example, due to illness. This can result in delays to matters being heard by the board as there may not be enough members to constitute the two divisions.
The new provisions will allow the chair of the board the power to allocate board members to two or more divisions at the same time and allow for at least one judicial member to sit in each division. These amendments will ensure that the chair of the board has the flexibility and authority to reorganise divisions of the board in circumstances where board members are unavailable. This amendment will greatly improve the efficiency of the board.
In summary, the amendments are made in direct response to the recommendations made to the government in the Knowledge Consulting review. The amendments retain and improve the right to review a disciplinary decision available to a detainee when accused of committing a disciplinary breach, allow for the board to organise its business more efficiently and provide greater clarity of detainee obligations when sentenced to periodic detention. I believe these amendments will strengthen our corrections system and provide for improved outcomes for the territory. I commend this bill to the Assembly.
Debate (on motion by Mr Hanson) adjourned to the next sitting.
Legislative Assembly (Office of the Legislative Assembly) Bill 2012
Debate resumed from 23 February 2012, on motion by Mr Rattenbury:
That this bill be agreed to in principle.
MS GALLAGHER (Molonglo—Chief Minister, Minister for Health and Minister for Territory and Municipal Services) (12.09): The government supports this bill in principle, with some amendments that will be moved in the detail stage. The government has previously indicated support for the establishment of a separate legal base for the Legislative Assembly, which this bill provides.