Page 3306 - Week 11 - Tuesday, 22 September 2015

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As Mr Rattenbury and Mr Hanson have mentioned, the definition of “incapable person” will be expanded to allow a third party—that is, a close associate, including a domestic partner, carer or relative or friend—to give consent to non-intimate forensic procedures on behalf of a person who is incapable or temporarily incapable. This amendment protects vulnerable people by allowing a third party to consent to a forensic procedure on their behalf if they are unable to do so. A mechanism will be introduced to allow an Aboriginal or Torres Strait Islander person to decline the presence of an interview friend or lawyer during a forensic procedure. This respects the right of choice of Aboriginal or Torres Strait Islander people.

The bill also makes amendments to schedule 1 of the Bail Act to correctly reference part 9.1 of the Commonwealth Criminal Code Act 1995 which reflects the change already made to commonwealth law for serious drug offences. This amendment gives effect to the original intention of the Bail Act by applying a neutral presumption for bail in relation to serious drug offences in the ACT Criminal Code.

Finally, there are two minor amendments to regulations. The Crimes (Sentencing) Regulation is amended to authorise a person to make a victim impact statement where a person is exposed to a risk of death or serious injury or illness due to negligent driving or limited offences under the Work Health and Safety Act. This is important as currently there may be no power for a relative of a victim to make a victim impact statement in cases where death of or serious injury to a worker has occurred, and this discrepancy should be rectified.

The Magistrates Court (Security Industry Infringement Notices) Regulation is also amended to authorise ACT police officers to issue infringement notices for certain offences under the act. The new power will support police officers to enforce obligations on licensees, including that security licensees wear their licence number when carrying out certain security activities. Once again, I thank members for their support of the bill and commend it to the Assembly.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.

Corrections Management Amendment Bill 2015

Debate resumed from 13 August 2015, on motion by Mr Rattenbury:

That this bill be agreed to in principle.

MR WALL (Brindabella) (10.46): The opposition will be supporting this bill today. It seeks to make a number of small changes to the Corrections Management Act and also a change to the Children and Young People Act. With regard to interstate leave

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