Page 2311 - Week 07 - Thursday, 4 August 2016
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MR CORBELL: I move amendments Nos 3 to 5 circulated in my name together [see schedule 1 at pages 2385-2386].
Amendment 3 changes the time within which the Director of Public Prosecutions must make an application for a review of a bail decision. This includes providing written notice in the Supreme Court and to the accused person that an application has been made. The amendment requires the application to be made within two hours after the initial bail decision is made. If the bail decision is made between 4 pm on a day and 8 am the next day the application must be made by 10 am on that day.
Amendment 4 is similar to amendment 3 in that it shortens the time frame within which a decision on the bail review application must be made. Previously the bill proposed that a bail decision would be stayed for 72 hours after the oral notice was given by the Director of Public Prosecutions. This time period has been shortened to 48 hours.
Amendment No 5 provides a key change to the nature of the bail review power as has been introduced. It removes section 44(6) from the bill, which stated that the period of time a bail decision was stayed was to be worked out ignoring any day when the Supreme Court was not sitting. Amendment 5 ensures that the period of time from when the oral notice is given by the Director of Public Prosecutions until the stay ends is now 48 hours, inclusive of any day the Supreme Court is not sitting. Amendment 5 addresses the concerns raised by a number of key stakeholders about the potential for this provision to negatively impact on the rights of the accused who would be detained for an overly long stay period.
MR HANSON (Molonglo—Leader of the Opposition) (12.05): As I indicated before, we will be supporting these amendments. They go some way to addressing concerns that have been raised by various people such as the Law Society and the Bar Association. I do not think they fully meet those concerns but they certainly attempt to strike a balance that does address some of those concerns. The Canberra Liberals will support the amendments.
MR RATTENBURY (Molonglo) (12.05): I will be opposing these amendments.
Amendments agreed to.
Clause 6, as amended, agreed to.
Proposed new clause 6A.
MR CORBELL (Molonglo—Deputy Chief Minister, Attorney-General, Minister for Health, Minister for Police and Emergency Services and Minister for the Environment and Climate Change) (12.06): I move amendment No 6 circulated in my name which inserts a new clause 6A [see schedule 1 at page 2386.].
Amendment 6 inserts a review provision into the bill in relation to the bail review power. The government has determined that it would be reasonable to provide for a
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