Page 3763 - Week 12 - Thursday, 2 November 2023
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
In the introduction to the bill, I have already spoken around what it does. It is a small but important improvement to the territory’s revenue legislation. I thank members for their support.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
Supreme Court Amendment Bill 2023
Debate resumed from 10 May 2023, on motion by Mr Rattenbury:
That this bill be agreed to in principle.
MR CAIN (Ginninderra) (10.59): The Canberra Liberals will be supporting this bill, which makes a significant change to the Supreme Court Act 1933 in introducing a new right to appeal a conviction or a finding of guilt on the basis of fresh and compelling evidence.
Currently, once a person has exhausted all complaint and appeal avenues for their conviction, they are unable to appeal their conviction, even when fresh and compelling evidence emerges. This bill will implement a right to appeal that will improve access to justice applying to perceived instances of wrongful convictions or substantial miscarriages of justice.
The bill allows the court to grant leave to a person to bring an appeal against any conviction or finding of guilt where the following two conditions are satisfied: there is fresh and compelling evidence in relation to the offence, and it is in interests of justice for the order to be made.
The same process applies following an appeal being granted for a conviction, where the court can then rule, setting aside the conviction or finding of guilt, and either order a verdict or a trial of guilt to be entered or a retrial. The test that is used to determine allowing an appeal for a conviction follows the same process as granting leave to appeal, except for the requirement that there has been a “substantial miscarriage of justice”. This is used to prevent vexatious or invalid appeals. This right will be effective six months following the date of passage of this bill to provide ample time for appropriate considerations and adjustments of court processes to be made.
The initial government discussion report, titled Wrongful conviction: Reforms to the right to appeal and right to compensation, was released for community consultation on the YourSay and JACS websites. This was followed by the government’s listening report and the publication of an exposure draft in January this year. A review of the submissions is contained in that listening report.
I want to again thank the Attorney-General for the briefing I received in late August from his officials. The Canberra Liberals will be supporting this legislation.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video