Page 1122 - Week 04 - Thursday, 21 April 1994

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The Bill provides a further three exceptions to the general rule. All were recommended by the Law Reform Commission. The first is where a child prefers to give evidence in the courtroom rather than by television. The second is where it would cause unreasonable delay if the child were to give evidence by television. This exception is designed to cope with occasional breakdowns in the equipment, which we saw here yesterday. The third is where the court believes that there is a substantial risk that it would be unable to ensure that proceedings were conducted fairly if the child were to give evidence by television. This is designed to preserve a court's common law responsibility to ensure a fair trial and is intended to be an infrequently used safeguard.

One recommendation of the Law Reform Commission that requires no legislation is that closed-circuit TV equipment should be made available in the Supreme Court as soon as practicable. I am pleased to advise that the court is acting on that recommendation and that the necessary equipment will be installed shortly.

In conclusion, I would like to thank the Australian Law Reform Commission for its valuable work in examining the effectiveness of closed-circuit television for children to give evidence. I trust that the amendments will improve present procedures and provide children, particularly those children who have been the victims of sexual and other assault, with increased protection against the mental and emotional trauma associated with giving evidence in court. I commend the Bill to the Assembly. I also note that the rest of Australia is watching with great interest the experiment in the ACT of use of closed-circuit television. I present the explanatory memorandum.

Debate (on motion by Mr Humphries) adjourned.

HEALTH (AMENDMENT) BILL 1994

MR CONNOLLY (Attorney-General and Minister for Health) (11.23): I present the Health (Amendment) Bill 1994.

Title read by Clerk.

MR CONNOLLY: I move:

That this Bill be agreed to in principle.

Mr Deputy Speaker, the Health (Amendment) Bill 1994 provides explanatory footnotes to be added to each of the Medicare principles and commitments which are currently noted in the ACT Health Act. In January 1993 the ACT and the Commonwealth jointly signed the new Medicare agreement. This agreement required, in part, that the ACT include in legislation specific Medicare principles and commitments, with the intention of providing guidelines governing the delivery of public hospital services.


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