Page 3598 - Week 12 - Thursday, 13 October 1994
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I turn to other aspects of the legislation. The scope of police arrest powers will be unchanged. The police will continue to have powers to arrest a person who is committing or has committed an ACT offence, escaped prisoners and persons who have breached bail conditions. The Bill provides for a scheme for the taking of identification material - including finger, hand and foot prints, voice recordings and handwriting samples - from a person in lawful custody for an offence. A police officer of the rank of sergeant or higher may take identification material if the person gives written consent or if that police officer believes on reasonable grounds that the taking of material is necessary to establish the identity of the person, to identify the person as having committed the offence or to provide evidence of an offence. There are limits on the retention of the material.
The Bill will introduce new provisions regulating the use of identification parades and photographs in order to obtain evidence from witnesses. There are presently no legislative provisions in the ACT governing the collection of this identification evidence. In this area the Bill will introduce the following safeguards: A suspect must be cautioned before being asked to take part in an identification parade and must be told that he or she is entitled to refuse to take part in that parade; a person may have a legal representative present while deciding whether to take part in, and during the holding of, an identification parade; special rules apply to the organisation of an identification parade; the parade must be videotaped; special rules apply to the process of identification from photographs; and special provisions apply to persons who are under the age of 18.
We had hoped that we would be in a position to include in the Bill the latest thinking on the taking of forensic samples as they relate to the investigation of offences. This area is currently the subject of consideration by the Standing Committee of Attorneys-General, but all of the Australian jurisdictions have not yet reached agreement on proposed model legislation. Agreement is expected soon.
These amendments will not initially supplant other Territory laws in this area. Those other laws are to be carefully examined and, unless there is good reason to do otherwise, brought into line with the provisions proposed in the Bill. It is intended to ensure that inspectors of other agencies - particularly those not subject to the training, discipline and accountability of members of a police force - have no greater powers than police. Madam Speaker, there are many old Acts which give various public servants, in some cases, more sweeping powers than those of police.
I believe that there is a real need to provide information to relevant groups about the new rights and protections provided by this landmark legislation. My department will be arranging for information seminars to be conducted for youth groups, Aboriginals and Torres Strait Islanders, and other interested persons and groups when the Act comes into force. I am very proud to be presenting a Bill of this nature to the Assembly. No other State or Territory has yet done so. It deals with and protects the fundamental rights of individuals in their relations with the state which governs them. There are few matters that can be more important than that. I present the explanatory memorandum to this Bill.
Debate (on motion by Mr Humphries) adjourned.
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