Page 1500 - Week 05 - Thursday, 18 April 1991
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
CRIMES (AMENDMENT) BILL 1991
MR COLLAERY (Attorney-General) (10.33): Mr Speaker, I present the Crimes (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
The purpose of this Bill is to amend section 437(8) of the Crimes Act and to repeal sections 552 and 556.
The ACT Community Law Reform Committee was established in June 1990, with support from all members of this Assembly. This bipartisan approach to law reform in the ACT is most welcome to the Alliance Government. The Community Law Reform Committee is chaired by the Honourable Mr John Kelly, a queen's counsel and former ACT Supreme Court judge, with its members being leaders in their respective areas within the community.
On 4 November 1990, I issued a reference to the ACT Community Law Reform Committee to examine the law in force with respect to section 556 of the Crimes Act as it applies to the Territory. The committee has now reported on this issue, and the Alliance Government is pleased to adopt the recommendations of the committee. The unanimous view of the committee is to repeal sections 552 and 556 of the Crimes Act.
The Community Law Reform Committee considered that section 556 of the Crimes Act should be repealed to remove an injustice which may arise. The committee points out that if a person against whom an offence has been committed lays the information, which is the initiation of proceedings in a formal way by the person who seeks to bring an alleged offender before the court, then section 556 precludes the person from taking any civil action in respect of the offence. The same situation applies if the person takes civil proceedings in respect of the offence. The person is not thereafter permitted to lay an information in respect of the offence and to proceed with criminal proceedings against the alleged offender. This section should be repealed to make it plain that, even if a person lays an information in respect of a criminal offence, he or she may pursue a civil remedy.
The Community Law Reform Committee also recommends that section 552 of this Act be repealed, as it considers that a provision relating to juvenile first offenders should not appear in the Crimes Act when young persons are more adequately dealt with by the Children's Services Act 1986.
The Government accepts the recommendations of the ACT Community Law Reform Committee in its report. Mr Speaker, I now present the explanatory memorandum for this Bill.
Debate (on motion by Mr Connolly) adjourned.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .