Legislative Assembly for the ACT: 1998 Week 4 Hansard (24 June) . . Page.. 979 ..
MS TUCKER (continuing):
As well, Article 29(2) states:
In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
Each of these articles is echoed in the International Covenant on Civil and Political Rights to which Australia is a party.
Ms Shelley and Ms Cooke also said:
While there already exists common law power to avert a possible breach of the peace, as the Community Law Reform Committee of the ACT Report to the Legislative Assembly on street offences in 1997 (after 3-4 years work) notes:
Good legislation provisions would be preferable to using a common law regime which is not clearly defined.
That was from page 39 of that report. They continued:
Further, the committee advised that a more appropriate approach than move-on powers would be statutory "limited power to direct a separation of protagonists" to be accompanied by "a statutory form of caution" to be "provided to the police as an alternative to arrest".
That was from page 41 of that report. They went on:
Recommendation 5 of that Report, together with the suggested public information pamphlet and their offer to "assist in the preparation of the `separation' provision" ... have all been by-passed by the introduction of this proposed Bill.
MR RUGENDYKE (10.56): I wholeheartedly support this Bill. This support stems from my knowledge of the use of crime prevention powers in a practical sense. It is a commonsense approach to nip potential confrontations in the bud. It is not about a means of harassment; it is about giving our police an avenue to efficiently and effectively do their job. I can recall countless occasions, from my own experience, when move-on powers would have been useful - occasions like when there is trouble brewing amongst swelling crowds in the early hours of the morning outside nightclubs; at the bottom of school ovals after school when groups of kids are looking for a fight, ganging up on someone weaker or less powerful; and problems that occur at bus interchanges late at night.