Page 1308 - Week 04 - Thursday, 5 May 2022

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The legislative reforms proposed in this report must therefore support and be supported by educative and social measures focused on primary prevention and cultural change, as outlined earlier in this report, that explains how the model of affirmative consent fits within a framework of equal and respectful relationships.

I understand that the ACT government is currently working through each of the report’s recommendations and carefully considering how to design, develop, deliver and prioritise a comprehensive educational program. I also note and welcome the committee’s recommendations about the important role of training and ongoing education for all frontline workers involved with various aspects of sexual violence and those working in the criminal justice system; resourcing for an ACT Policing sexual assault and child abuse team; expanding restorative justice programs; the review of justice procedures; and further recommended areas of law reform related to penalties, sentencing, bail, workplace and personal protection orders.

I look forward to the government’s response to that report and its assessment and prioritising of a suite of programs, activities, policies and resources to combat sexual violence in our community. Thank you.

Question resolved in the affirmative.

Bill agreed to in principle.

Detail stage

Clauses 1 to 3, by leave, taken together and agreed to.

Clause 4.

DR PATERSON (Murrumbidgee) (4.19), by leave: Pursuant to standing order 182A (b) and (c), I move amendments Nos 1 to 3 circulated in my name together and table a supplementary explanatory statement to the amendments. The amendments are minor and technical in nature and in response to comments made by the scrutiny committee. [see schedule 1 at page 1352].

Amendment No 1 is a technical amendment to the heading at clause 4 to align with other amendments which introduce a proposed new section 50C—“Meaning of sexual act”. It has been necessary to amend the heading to clause 4 to recognise not only proposed new sections 50A and 50B but also the amendment for proposed new section 50C.

Amendment No 2 amends the title of section 50A from “Principles of consent” to “Objects—part 3”. This provision clearly articulates that an object of part 3—sexual offences—applies to the sexual offence provisions of part 3 of the Crimes Act 1900. The objects of consent for a sexual act are intended to guide the interpretation and application of the sexual offence provisions of part 3 in the Crimes Act 1900. This is a technical amendment which strengthens and clarifies the policy intent.


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