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Legislative Assembly for the ACT: 1998 Week 10 Hansard (25 November) . . Page.. 2845 ..


MR STANHOPE (continuing):

It also means that people are uncertain as to whether they are committing an offence as the interpretation of the relevant provisions is uncertain. This is highly undesirable in the criminal law, where citizens are entitled to know precisely when they are breaking the law or not.

The Director of Public Prosecutions made some specific comments on a number of particular clauses. In referring to subclause 9 he said:

Sub-clause 9 ... creates another offence but provides an exception (or, perhaps, a defence - it is not clear which) but relies on the definition of "medical emergency". While such a concept in civil law may be able to be suitably vague, this vagueness is quite unsuited to the criminal law, where the liberty of the individual and integrity of property is at stake. This phrase is defined with significant vagueness and variable terms ...

Finally, subclause 14 ... given the definition in subclause 14 (3) may prevent a transcript being prepared of proceedings. To "disclose the identity of a woman" is not the same as merely naming the woman and no transcript service will be equipped to decide what information contained in a transcript will do the former.

We need to understand the significance of the office of the Director of Public Prosecutions. It is the senior and pre-eminent prosecuting authority in the Territory. One of the most senior legal figures in the ACT concludes his letter of today's date to the Attorney-General as follows:

As presently proposed, the Bill has many difficulties for this Office ...

In light of this advice from the Director of Public Prosecutions, for us to continue today is simply untenable. The Director of Public Prosecutions continues:

It has also serious problems for a transparent and enforceable criminal justice system. The opportunity should be taken to rectify such problems before enactment so that, at least, a workable piece of legislation is enacted.

It is simply beyond the wit of the 17 of us to deal in this place today with those trenchant criticisms by the DPP. It simply cannot be done; it cannot be achieved. We cannot do it. We are not up to the task. This matter must either be referred to a committee or postponed until at least March next year. It would be reckless in the extreme for this Assembly, in light of this sort of advice from both the Director of Public Prosecutions and the ACT Discrimination Commissioner, to dare to proceed with this legislation today. It would be an absolute outrage for us to seek to do so. We have no option but to put this matter off. We must either refer it to a committee or put it off until at least March next year.


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