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ACT courts and tribunals. Following further consideration by my directorate, and in consultation with other justice stakeholders, I have proposed these amendments to address those concerns.
The bill gives a court power to order that ACT Corrective Services can bring a detainee before the court for a civil proceeding. The amendment does not allow a detainee to be compelled to attend a civil proceeding. Rather, this amendment ensures that, where appropriate, and with their consent, a detainee can be present at civil proceedings. The power may be relevant, for example, where the detainee is an applicant in the proceedings, where a domestic violence protection order or forensic procedure order is sought against the detainee or where the detainee is a witness who is the subject of a subpoena.
The bill also provides that where an offender is unable to perform periodic detention or community service only because they are detained under a restriction order or other power under the Mental Health (Treatment and Care) Act, they are deemed to have performed those obligations. The amendment will only apply where the offender is detained at a specific place, such as a health or care facility, and is therefore prevented from leaving to attend periodic detention or community work. The amendment will ensure that an offender is not at risk of being found in breach or unnecessarily brought before a court or the Sentence Administration Board because they were unable to comply with their reporting obligations.
The bill will also make a minor amendment to clarify that a person is not excluded from being appointed as a member of the Sentence Administration Board merely because they are 70 years old or older. The amendment provides that the only limitation on appointment is that the person must have been a legal practitioner for not less than five years. This is currently the only requirement under the legislation, but the amendment will make this fact clearer.
I commend the bill to the Assembly.
Debate (on motion by Mr Wall) adjourned to the next sitting.
Estimates 2014-2015—Select Committee
MR SMYTH (Brindabella) (11.57): I move:
(1) a Select Committee on Estimates 2014-2015 be appointed to examine the expenditure proposals contained in the Appropriation Bill 2014-2015, the Appropriation (Office of the Legislative Assembly) Bill 2014-2015 and any revenue estimates proposed by the Government in the 2014-2015 Budget and prepare a report to the Assembly;
(2) in keeping with Continuing Resolution 8A, the committee be composed of:
(a) two Members to be nominated by the Government; and