BAIL AMENDMENT BILL 2001 Second Reading Speech

Northern Territory Second Reading Speeches

BAIL AMENDMENT BILL 2001

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

I move that the bills be now read a second time.

The purpose of the bills is to amend the Domestic Violence Act and the Bail Act in order to clarify and strengthen a number of provisions relating to domestic violence.

The Domestic Violence Amendment Bill will allow senior police officers to make a short-term or interim restraining order without reference to the Courts, subject to certain conditions. This will facilitate a rapid response to dynamic and emerging situations and enable Police to provide early and effective intervention in domestic violence disputes which is an essential component of the Government’s Domestic Violence Strategy.

Under the bill, police officers called to attend at a domestic violence incident may apply to their senior officers by telephone or other means (eg by police radio or in person) for a restraining order. Any order made is not enforceable unless served on the defendant. All orders will be returnable before the Court or a Magistrate within 48 hours, and an application must then be made in the usual way in order for the restraint to continue.

The new procedure will operate in addition to the current provisions which enable Police to apply to the Court for orders in the normal manner or by telephone, allowing police officers to choose the most appropriate option for each situation.

This procedure was developed by the Police Commissioner to ensure police officers at the scene of a domestic violence incident have additional flexibility to deal with the immediate problem of preventing further violence.

This is an extension of police powers. However, there are a number of safeguards within the bill. Only officers of the rank of Senior Sergeant or higher, or who are at the time in charge of a Police Station, are able to issue a restraining order. It is considered that officers of this seniority and responsibility will exercise the new power responsibly. To ensure accountability, Northern Territory Police, Fire and Emergency Services will be required to keep records of restraining orders made and to publish this information in its annual report.

In any event, analogous police powers are already found in the police bail provisions of the Bail Act where officers of the rank of Sergeant or above, or officers in charge of a Police Station, are empowered to grant police bail.

The new interim restraining orders do not displace the role of the courts. They merely provide a short term solution to an immediate problem, when access to the courts is not readily available, or the delay involved in going to court would render the order an ineffective solution. No similar provision exists elsewhere in Australia. The proposed amendment is a novel approach to an operational problem brought to light by Northern Territory Police, who form the ‘front line’ in the fight against domestic violence. It highlights the way in which the Territory is prepared to try new techniques to deal effectively with this issue of protecting victims of domestic violence.

The Domestic Violence Amendment Bill also makes a number of other amendments requested by those involved in the area of domestic violence such as the magistrates, the legal profession, members of the public, Northern Territory Police and the Office of Women’s Policy. One of those amendments arose from the work of the Model Criminal Code Officers Committee which developed the Model Domestic Violence Law. The committee consisted of a working group of officers nominated by the Standing Committee of Attorneys-General. Its report recommended the adoption of a requirement for police to keep records of attendance at domestic violence incidents, which include a record of the reasons for not applying for, or making, a restraining order. This proposal ensures that the process of making or seeking restraining orders is transparent and the legislation is being applied consistently. The statistics collated from these records will be made available to the public via the annual report of the Northern Territory Police, Fire and Emergency Services.

The bill also makes a number of minor amendments to the Domestic Violence Act to deal with practical issues that have been raised by those who use the act. Included in those amendments is a provision controlling the way in which victims may be cross-examined. As members of the House can well imagine, it is undesirable and extremely traumatic for a victim to be directly cross-examined by a perpetrator, who has chosen to represent himself in an application under the act. It is proposed to provide that cross-examination of a complainant by a defendant acting in person, shall be directed through a third party or the court unless otherwise ordered by the court. The purpose of this amendment is to ensure that direct cross-examination is the exception rather than the rule.

The Bail Amendment Bill amends section 40 of the Bail Act to provide that the forfeiture provisions of the act apply to bail conditions as well as bail undertakings. This is particularly important in domestic violence matters where conditions of bail could include a prohibition on the accused approaching or contacting the victim. The Bail Act currently allows for the forfeiture of money in certain circumstances upon breach of a bail undertaking. It is appropriate to extend the ability to forfeit to where a person breaches a bail condition. Currently the only remedy in such cases is to revoke the bail and place the person in custody.

These bills will significantly improve the operation of the criminal justice system in its response to domestic violence. Mr Speaker, I commend the bills to honourable members.

Debate adjourned.

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