Page 2574 - Week 09 - Thursday, 16 September 2021

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MR RATTENBURY (Kurrajong—Attorney-General, Minister for Consumer Affairs, Minister for Gaming and Minister for Water, Energy and Emissions Reduction) (11.06): I move:

That this bill be agreed to in principle.

I am pleased to present the Operational Efficiencies (COVID-19) Legislation Amendment Bill 2021. Primarily, this bill permanently adopts COVID-19 measures from the COVID-19 Emergency Response Act 2020 and the COVID-19 Emergency Response Legislation Amendment Act 2020 that have been identified as delivering operational efficiencies and flexibility for government agencies and the community more broadly during the COVID-19 pandemic. The measures were identified by ACT government agencies to be of such benefit that they were recommended for permanent adoption to be available beyond the COVID-19 pandemic. The Operational Efficiencies (COVID-19) Legislation Amendment Bill 2021 will amend 10 acts across the statute book.

The bill amends the Bail Act 1992 to allow undertakings to appear or comply with a bail condition to be given before the court remotely, such as by audiovisual means, providing an alternative to written undertakings. Traditionally, the court could only accept a written undertaking requiring the person to attend court. The COVID-19 measure means that a person appearing remotely can be released on bail if the person gives an undertaking to appear before a stated court at the place, date and time stated in the undertaking or as instructed by a police officer. A person can also now provide an undertaking to comply with bail conditions remotely, removing the need for physical attendance at the court.

Similarly, the bill amends the Crimes (Sentencing) Act 2005 to allow undertakings to comply with good behaviour obligations to be given before the court remotely. Before this was introduced as a COVID-19 measure, an offender who was convicted or found guilty of an offence and sentenced with a good behaviour order would be required to attend court to sign an undertaking to comply with good behaviour obligations.

The bill amends the Corrections Management Act 2007 to provide the ACT Corrective Services Commissioner with the option to issue long-term local leave permits for detainees. Currently, outside the COVID-19 public health emergency, local leave permits can be issued for a maximum of seven days. This amendment will provide up to three months of leave for local leave permits issued for long-term medical treatment or palliative care regardless of the COVID-19 pandemic situation. The permanent adoption of this measure will assist in reducing administrative burden arising from renewing expiring local leave permits and reducing the resources needed to escort detainees in the medical or palliative care setting.

Amendments to the Crimes Act 1900 and the Drugs of Dependence Act 1989 provide an alternative method for applying for search warrants other than in person. Traditionally, the applicant for a search warrant would give information under oath, in person, to the issuing officer when applying for a search warrant and would be able to make an application by telephone or other electronic means only in urgent cases. The


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