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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3466 ..


MR MOORE (Minister for Health, Housing and Community Services) (11.37): The government will accept this amendment. I think there are some administrative difficulties that we will need to deal with. I think it will need to be evaluated. If this does create a problem I would like members to be prepared to reconsider this early in the next Assembly. It is worth trying and I understand the intention. I think it is appropriate.

MR HARGREAVES (11.38): The opposition also will be supporting this amendment. Actually, this is one of the most meaningful parts about home detention. Home detention is not about putting people on remand in homes so the families can look after them. The most effective part of home detention is when it is part of a continuum of a sentencing regime. That is the bit that provides the inducement. I am pleased to see that Mr Osborne is doing it.

My worry is that it is a fairly difficult scheme. I am hoping that the difficulties can be overcome. I understand that whilst we are at the mercy of the New South Wales system we cannot always determine whether these people are going to be released to us as part of the sentencing anyway. However, that is a problem for the department and a problem for the judiciary. This Assembly is sending a message loud and clear that we want home detention as part of the suite of sentencing options. We will be supporting this. You will notice, Mr Osborne, that through the suite of amendments this phrase pops up quite regularly. We will be supporting them all.

Amendment agreed to.

Clause 5, as amended, agreed to.

Clause 6.

MR OSBORNE (11.40): I move amendment No 2 circulated in my name [see schedule 8 at page 3565].

The same again, Mr Temporary Deputy Speaker.

Amendment agreed to.

MR MOORE (Minister for Health, Housing and Community Services) (11.40): I move amendment No 1 circulated in my name [see schedule 9 at page 3568].

If you look at it with my amendment No 2, you will see that it just moves it from one clause to the other to make the act work better.

MR HARGREAVES (11.41): We will be supporting this amendment. On the question of young offenders, I noticed that in the drafting instructions for the regulations the provisions seem to be very similar to those for adults. I have a difficulty with that. I flag that as a challenge for the people who are looking at the regulations. We need to treat young people completely differently, with a completely different mindset, and I would like to see a completely different set of provisions in the regulations.

Amendment agreed to.


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