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Legislative Assembly for the ACT: 1997 Week 2 Hansard (26 February) . . Page.. 460 ..


MR STEFANIAK (continuing):

It is also important to quote the relevant part of article 40 of the Convention on the Rights of the Child, because I said yesterday that you certainly have the wrong end of the stick. You certainly did there. That article was about the administration of juvenile justice. The two relevant parts are paragraphs 3 and 4. You partially quoted one of them. They state:

3. State Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognised as having infringed the penal law, and in particular:

(a) the establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law;

(b) whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected.

4. A variety of dispositions, such as care, guidance and supervision orders; counselling; probation; foster care; education and vocational training programmes - - -

Ms Tucker: On a point of order, Mr Speaker: I am quite happy to enter a debate on the interpretation of the protocol of the United Nations Convention on the Rights of the Child. That was not my question. He is referring to a question I asked yesterday. I am quite happy for the Minister to address that at a later point in the day if he feels the need to raise it in some other form such as a personal explanation or whatever. My question was particularly in regard to why he did not refer to the most recent communication from the Official Visitor yesterday when he referred to that report.

MR SPEAKER: Mr Stefaniak, in relation to that United Nations convention, you are at liberty to incorporate it in Hansard or read it into Hansard at the end of this question time if you wish. I would be happy to allow that.

MR STEFANIAK: Mr Speaker, I have only about three lines left. It might be sensible and it might be of benefit to the proceedings if I read them.

MR SPEAKER: I uphold the point of order taken by Ms Tucker.

MR STEFANIAK: Ms Tucker seems to have a thing about Marlow Cottage. The department would be delighted to take you out there and have a good chat to you. I would also ask you to contact the Chief Magistrate, who also knows a fair bit about these things, and perhaps have a good briefing from him as to how this works, because he is very experienced in these matters.


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