Page 1120 - Week 04 - Thursday, 21 April 1994

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .


cases we have in mind, but not all of them. We are properly criticised for forcing applicants to have recourse to the antiquated and costly processes involved in those situations which are covered. This proposal is simply a means for those who have in theory a means of legal resolution to resolve those legal issues quickly and efficiently. I commend the Bill to the house and present the explanatory memorandum.

Debate (on motion by Mr Humphries) adjourned.

EVIDENCE (CLOSED-CIRCUIT TELEVISION) (AMENDMENT) BILL 1994

MR CONNOLLY (Attorney-General and Minister for Health) (11.17): I present the Evidence (Closed-Circuit Television)(Amendment) Bill 1994.

Title read by Clerk.

MR CONNOLLY: I move:

That this Bill be agreed to in principle.

Mr Deputy Speaker, the purpose of this Bill is to make use of closed-circuit television more readily available to children who give evidence in court. In 1989 a project was commenced in the ACT Magistrates Court to evaluate the use of closed-circuit TV for children who give evidence. The aim of the project was to find out whether the use of closed-circuit TV reduces the harm suffered by child witnesses and improves the quality of their evidence without unfairly interfering with the rights of parties to a fair trial. The evaluation was to be done by the Australian Law Reform Commission.

Members will recall that in December 1992 the Evidence (Closed-Circuit Television) Act 1991 was amended to remove a sunset clause. By that time the Law Reform Commission had released a research paper which was very positive in its assessment of closed-circuit television for children's evidence. I said at the time that I expected to bring a further Bill to the Assembly after the Law Reform Commission had submitted its final report on the project, and this is that Bill.

The Law Reform Commission's report generally endorsed the findings and recommendations of the research paper. It reported that all children who had taken part in the study and used closed-circuit television found it easier to testify in that way than to do so in the courtroom in the presence of the accused person. It said that all of the professional groups involved and parents of participating children believed that closed-circuit TV achieved its aim of reducing the stress on children as they gave evidence. It reported that closed-circuit TV was generally seen by respondents to be fair, both to the defendant and to the child. The overwhelming majority of legal professionals did not believe that the use of closed-circuit TV prejudiced the conduct of the defence case, although a minority did have some concerns about that.


Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .