Page 3568 - Week 12 - Wednesday, 12 October 1994
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I sincerely hope that members of the community who may peruse this debate at some time in the future will think terribly carefully when they start to consider different options that are going to be put in front of them in terms of the running of the education system in the ACT. It is a system that has done us proud for many years. It is a system that we must protect. I, for one, will be doing all in my power to ensure that this system of education in the ACT receives that protection and is not open to the abuse and the pillage that I believe may be possible, given some of the options put by those opposite.
MADAM SPEAKER: The discussion is concluded.
STUDY TRIP
Paper
MADAM SPEAKER: Members, for your information, I table a study report by Mr Gary Humphries on travel undertaken in July.
BAIL (AMENDMENT) BILL 1994
Debate resumed from 15 September 1994, on motion by Mr Connolly:
That this Bill be agreed to in principle.
MR HUMPHRIES (4.47): This Bill is a technical Bill, for the most part; and, as a result, it will not attract too many problems or receive too much critical attention. Obviously, with the passage of the Bail Act in early 1992, it was inevitable, with a very large and fairly new scheme, that there would be a number of problems that would emerge in the operation of the new bail regime. These are being addressed through the Bill before us today. The Bill has the broad support of the Liberal Opposition. There is one amendment which has been circulated, and I will speak about that amendment when the detail stage is reached.
Madam Speaker, there are a number of things worth mentioning briefly with respect to this Bill. Principally, the Bill deals with unintended omissions or weaknesses in the legislation. This would be one of the more frequently used and applied pieces of legislation in our community. Every day of the week there would be many instances of persons being granted bail as a result of summonses or charges or warrants and the need for their liberty to be provided for, and therefore an application of the terms of this legislation.
From time to time problems have emerged. For example, those who have been charged with breaches of the peace do not, at present, have a capacity for bail. Technically, they are supposed to be held in custody until they can be brought before a magistrate. In fact, the practice has developed of providing for these people to sign undertakings. The undertakings have been given by the police to be executed by the offender, and those undertakings have resulted in the release of the person. Those undertakings, however, do not have any basis in law, and it is obviously undesirable that they should be issued when they do not have any legal status.
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