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Legislative Assembly for the ACT: 2006 Week 5 Hansard (9 May) . . Page.. 1410..


MR STEFANIAK (continuing):

wrong side of the law. You are not dealing here with some horrendous deprivation of liberty. COAG came up with, in the circumstances, a pretty reasonable time period of not exceeding 14 days confinement in a humane situation. People who are in detention have to be treated humanely. It is not as if they are detained for 14 days in some torture camp or anything like that; it is humane detention.

There are protections in all the other state and territory laws, as there are in your bill. So we are not taking about something absolutely horrendous that would weigh against the fundamental right of ordinary, law-abiding people to live and give added weight to perhaps the rights to liberty of one individual, no matter how bad or how misguided they might be. It is about balance.

I make the point that that is something you need to bear in mind in terms of the worst case scenario if someone has to be detained under these provisions. In this instance we are talking about young, impressionable people of 16 and 17, who are covered by every other state and territory, who are capable for whatever reason, no matter how misguided perhaps, of inflicting just as much damage as anyone else but who are also particularly vulnerable, as recent history shows, to being enticed into these crazy criminal schemes by evil adults who prey on young persons' naivety.

A division having been called, and the bells rung—

MR SPEAKER: Order! There is some difficulty here, because once the call of the Assembly has been commenced, every member, within the seats allotted, shall vote. You cannot just walk in and out of the chamber. Dr Foskey has gone now, so I do not think there is any point in pursuing the matter. But standing order 161 plainly says that members may not move from their places until the result is announced. I did not see Dr Foskey move from her place; I merely draw that to your attention.

Question put:

That Mr Stefaniak's amendments Nos 1 to 6 be agreed to.

The Assembly voted—

Ayes 6

Noes 8

Mrs Dunne

Mr Smyth

Mr Barr

Mr Hargreaves

Mr Mulcahy

Mr Stefaniak

Mr Berry

Ms MacDonald

Mr Pratt

Mr Corbell

Ms Porter

Mr Seselja

Mr Gentleman

Mr Stanhope

Question so resolved in the negative.

Clause 11 agreed to.

Clause 12.

MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services and Minister for Planning) (5.40): I seek leave to move amendments Nos 1 and 2 circulated in my name together.


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