Page 374 - Week 02 - Tuesday, 17 February 2015
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The amendment extends the requirement to provide for an interview friend when an Aboriginal or Torres Strait Islander person is undergoing a forensic procedure or during an application process for an order for them to undergo a forensic procedure. This positive change has been recommended by the Aboriginal Justice Centre and the Aboriginal Legal Service, and I am pleased that the ACT has closed this gap in the law. The same change has already been made in New South Wales.
A second amendment removes the absolute obligation for a person carrying out an intimate forensic procedure to be the same sex as the suspect, offender or volunteer on whom they are carrying out the procedure. Instead, they must be of the same sex if practicable. It is not ideal to weaken this requirement. In fact, this change undoes the policy that was put into the legislation only a few years ago. However, I understand that the government have made a significant effort to recruit an appropriate number of suitably qualified male practitioners and nurses and they are simply not able to meet this requirement in every circumstance.Turning now to the provisions around the display of drug paraphernalia, the bill will make a change to the ACT law which will prohibit retailers from displaying drug paraphernalia such as ice pipes, hash pipes and cannabis water pipes. This is a clear policy change to a law that has perhaps been quite obvious to the general community. Like the sale of X-rated films and previously the sale of fireworks, many people who come to Canberra notice that drug paraphernalia is visibly on sale, something that is different from other parts of Australia.
I strongly believe in a harm minimisation approach to drugs and I think that health and social interventions are a better approach than the sledgehammer war on drugs approach we often see. I do not think hiding the sale of drug paraphernalia will really make any material difference to the harms done by the use of dangerous drugs, but I do agree that displaying them is not consistent with a policy of minimising the harms of illicit drugs. To some people it might seem prudish to hide these devices from sale, but I agree that it is problematic to allow the open display for sale of ice pipes, for example. Potentially it weakens the message to people that ice is an extremely dangerous and harmful drug.
Members will know that I am strongly supportive of a change to the law to allow people in genuine need access to cannabis for medicinal use. Regardless, I agree with the amendment in this bill that will prohibit the display of bongs and other devices used for consuming cannabis. The two positions are completely consistent. I have no interest in promoting the recreational use of cannabis and there is no need for the advertised sale of such drug paraphernalia. My wish is only for a very targeted change to the law to allow cannabis to ill people who can benefit from it as a treatment.
I will briefly discuss some of the more minor amendments in the bill. I agree with the amendment that allows the Director-General of the Community Services Directorate or their delegate to bring a young person before a court for a civil proceeding, just as they can already do for a criminal proceeding. The amendment which clarifies the provision that the director-general is responsible for certain young offenders subject to a good behaviour order with a supervision condition is also a welcome clarification. It
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