Page 372 - Week 02 - Tuesday, 17 February 2015
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The bill makes a number of key amendments to the Firearms Act 1996 which have been raised and endorsed by the ACT Firearms Consultative Committee.
The first of these amendments ensures that a person must be at least 12 years old to be authorised to possess and use a firearm on a shooting range. The purpose of this amendment is to reflect the current position under the act that a person cannot be issued with a firearms licence until they are at least 12 years old. This also brings the ACT into line with other jurisdictions with respect to the temporary possession and use of firearms.
Secondly, the bill removes red tape on approved firearms clubs by allowing approved instructors to use firearms owned by the club for the instruction and education of prospective licensees. This amendment recognises that there is currently an administrative burden on clubs and the Firearms Registry and gives instructors the ability to operate without the existing administrative burdens while still ensuring public safety.
Finally, there are a number of minor amendments to the Firearms Act to minimise unnecessary red tape and ensure appropriate delegations are available under the act.
The bill also makes amendments to the Crimes (Sentencing) Act to allow a victim impact statement to be in the form of drawings or pictures. This amendment is supported by the Victims of Crime Commissioner and endorsed by the Family Violence Intervention Program Coordinating Committee. The amendment will reflect a current practice adopted in a small number of cases, normally involving young children. It supports the national and ACT strategies on preventing violence against women and children to ensure that the practice of tendering drawings as part of a victim impact statement can continue to occur.
The bill also makes two important amendments to the Crimes (Forensic Procedures) Act 2000 to improve the operation, effectiveness and fairness of forensic procedures in the ACT. These amendments relate to interview friends and forensic procedures generally.
An Aboriginal or Torres Strait Islander person who is a suspect, serious offender or volunteer under the act will now be entitled to have an interview friend to support them in a forensic procedure or during an application process for an order to undergo a forensic procedure. Under the existing law, an interview friend must already be provided for a child or person with an incapacity at any hearing for, or the carrying out of, a forensic procedure. Aboriginal and Torres Strait Islander people are a recognised class of vulnerable people who are over-represented in our criminal justice system. It is fair and appropriate that they be afforded appropriate assistance and safeguards when involved in the justice process.
The bill also amends the forensic procedures act to provide that, when an intimate forensic procedure is to be carried out on a person, the person carrying out the procedure or helping to carry out the procedure must be of the same sex as the relevant person, “if practicable”. There are a limited number of suitable, qualified male practitioners and nurses, which can pose significant operational difficulties for clinical forensic medical services.
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