Page 4278 - Week 13 - Thursday, 25 November 1993
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THE PROVISIONS HAVE BEEN DESIGNED IN A WAY WHICH IS CONSISTENT WITH THE MCAs DESIRE TO BE MORE OPEN AND ACCOUNTABLE. INSTEAD OF A BLANKET PROHIBITION, THEY WILL ONLY APPLY WHERE A DECISION IS MADE TO RESTRICT DISCLOSURE IN A PARTICULAR CASE.
THE AMENDMENT CONTAINS A NUMBER OF SAFEGUARDS. DEPENDING ON THE PARTICULAR CASE, DISCLOSURE IS PERMITTED IN THE CIRCUMSTANCES SPECIFIED IN THE NOTATION RESTRICTING DISCLOSURE. ADDITIONALLY, THE AMENDMENT GUARANTEES THAT DISCLOSURE CAN ALWAYS BE MADE TO OBTAIN LEGAL ADVICE, LEGAL AID, OR INSTRUCTIONS IN RELATION TO WAIVING LEGAL PROFESSIONAL PRIVILEGE OR TO COMPLY WITH ANY LEGAL DUTY OF DISCLOSURE ARISING FROM THE LEGAL PRACTITIONER/ CLIENT RELATIONSHIP.
THE AMENDMENT WILL ALSO ENSURE THAT PEOPLES SAFETY IS NOT THREATENED, OR THEIR REPUTATION OR FAIR TRIAL IS NOT PREJUDICED BY OTHERS REVEALING THE EXISTENCE OF MCA PROCESS, OR ANY INFORMATION ABOUT R OR ANY CONNECTED PROCEEDINGS OR INVESTIGATIONS.
THE PROHIBITIONS ON DISCLOSURE ULTIMATELY TERMINATE AUTOMATICALLY. WHEN THIS HAPPENS THE MCA IS REQUIRED TO NOTIFY THE PARTIES ON WHOM THE ORIGINAL SUMMONS OR NOTICE WAS SERVED.
THE BILL ALSO MAKES AMENDMENTS WHICH WILL ENABLE THE MCA TO APPLY FOR A WARRANT OF APPREHENSION WHERE A PERSON FAILS OR REFUSES TO APPEAR AT AN MCA HEARING. THIS WILL CORRECT A PRESENT ANOMALY UNDER THE ACT WHEREBY A WARRANT OF APPREHENSION CAN BE ISSUED WHERE A PERSON HAS ABSCONDED, IS LIKELY TO ABSCOND, OR IS OTHERWISE LIKELY TO ATTEMPT TO EVADE SERVICE OF A SUMMONS, BUT NOT WHERE A PERSON FAILS OR REFUSES TO ATTEND THE ACTUAL HEARING.
ALSO INCLUDED ARE TECHNICAL AMENDMENTS TO INTRODUCE GENDER NEUTRAL LANGUAGE, AND MINOR AMENDMENTS WHICH ARE INTENDED TO STREAMLINE THE AUTHORITYS DAY-TO-DAY OPERATIONS TO REDUCE THE NEED FOR MEETINGS OF THE AUTHORITY.
MADAM SPEAKER, WITH THE PASSAGE OF THIS BILL THE A.C.T. WILL CONTINUE TO FULFIL ITS RESPONSIBILITIES BY HAVING IN PLACE LEGISLATION WHICH IS COMPLEMENTARY TO THAT IN ALL OTHER JURISDICTIONS IN THE FIGHT AGAINST CRIME.
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