Northern Territory Second Reading Speeches
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EVIDENCE AMENDMENT ACT 1999
(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)
Bill presented and read a first time.
Mr BURKE (Attorney-General): Mr Speaker, I move that the bill be now read a second time.
The purpose of this bill is to amend the Evidence Act to allow persons to appear before, or give evidence or make submissions to, Northern Territory courts by audio link, visual link or audiovisual link from any place outside the courtroom, whether within the Territory, interstate or overseas and, secondly, to implement model uniform legislation approved by the Standing Committee of Attorneys-General for Northern Territory courts to take evidence or submissions by audio link or audiovisual link from participating states, and for courts and participating states to do the same in the Northern Territory.
The bill reflects this government’s commitment to ensuring that the Territory has the most efficient system for the administration of justice. To this end, the bill assists the courts to do their work effectively. New technologies are constantly emerging and it is important to embrace those developments where to do so can improve the ability of our courts to serve the community. The use of video and telephone links for appearance and the taking of evidence and submissions in judicial proceedings provides significant savings to parties. It avoids the necessity, for example, for witnesses and counsel to travel to the place where the court is sitting. This is particular costly in the Territory, where cases frequently involve interstate witnesses.
The bill’s provisions are not intended to be a code but to operate in addition to any existing provisions for the appearance of a person, the taking of evidence or the making of submissions to a Territory court. They provide an alternative method of obtaining evidence while ensuring that witnesses may still be cross-examined and their evidence tested. Various Northern Territory courts, including the Supreme Court, already utilise audio an audiovisual link technologies. The bill will clarify and promote this practice.
The bill also implements model uniform legislation approved by the Standing Committee of Attorneys-General as part of a participatory scheme under which Territory courts will be able to take evidence and submissions from a person in a participating state, and a court in a participating state will be able to do the same with respect to a person in the Territory. Participating states, in enacting legislation substantially corresponding with the model, will undertake to permit Territory courts to exercise the necessary powers within the state. In those jurisdictions, the nominated court will be able to enforce orders of the Territory court as if they were orders of that court. Legislation implementing the model scheme has already been passed in South Australia, New South Wales and Western Australia, and is being considered in a number of other jurisdictions.
The bill will also clarify and facilitate the general use of these technologies by the courts, quite apart from the participatory scheme. It’s provision deal with appearance and the taking of evidence and submissions by the use of these modern technologies from anywhere within the Territory, as well as interstate - that is, where not within the participatory scheme - or even internationally.
The general provisions of the bill are broader than the participatory model, in particular that:
the definition of ‘Territory court’ is more broadly defined than for the purposes of the participatory scheme; it extends to include any person acting judicially. This extension, which has been introduced as a result of consultation with the judiciary, should help to ensure that consistent practices are adopted across the board;
the general provisions extend to appearance before the court, as well as to the taking of evidence and submissions; and the general provisions also extend, again in the light of consultation with the judiciary, to encompass the possible use of merely visual links as well as audio and audio-visual links.
The bill contains many protections to ensure that the technology is best used to facilitate the administration of justice within the Territory. A court must not direct the use of these technologies unless satisfied that both of the necessary facilities are available or can reasonably be made available, and that their use is more convenient. In addition, a court must have regard to whether the use of the technology would be unfair to any person. There are also technical requirements which must be met, ensuring that participants are able to see and/or hear one another as the relevant technology requires.
The government is committed to providing efficient and effective access to justice within the Territory. It is also committed to ensuring that the Territory embraces new technologies where these will benefit the Territory and Territorians. This bill gives effect to both those commitments. It will help ensure that Territory courts are able to continue to provide Territorians with a system of justice appropriate to the 21st century. I commend the bill to honourable members.
Debate adjourned.
Bill presented and read a first time.
Mr BURKE (Attorney-General): Mr Speaker, I move that the bill be now read a second time.
The purpose of this bill is to amend the Evidence Act to allow persons to appear before, or give evidence or make submissions to, Northern Territory courts by audio link, visual link or audiovisual link from any place outside the courtroom, whether within the Territory, interstate or overseas and, secondly, to implement model uniform legislation approved by the Standing Committee of Attorneys-General for Northern Territory courts to take evidence or submissions by audio link or audiovisual link from participating states, and for courts and participating states to do the same in the Northern Territory.
The bill reflects this government’s commitment to ensuring that the Territory has the most efficient system for the administration of justice. To this end, the bill assists the courts to do their work effectively. New technologies are constantly emerging and it is important to embrace those developments where to do so can improve the ability of our courts to serve the community. The use of video and telephone links for appearance and the taking of evidence and submissions in judicial proceedings provides significant savings to parties. It avoids the necessity, for example, for witnesses and counsel to travel to the place where the court is sitting. This is particular costly in the Territory, where cases frequently involve interstate witnesses.
The bill’s provisions are not intended to be a code but to operate in addition to any existing provisions for the appearance of a person, the taking of evidence or the making of submissions to a Territory court. They provide an alternative method of obtaining evidence while ensuring that witnesses may still be cross-examined and their evidence tested. Various Northern Territory courts, including the Supreme Court, already utilise audio an audiovisual link technologies. The bill will clarify and promote this practice.
The bill also implements model uniform legislation approved by the Standing Committee of Attorneys-General as part of a participatory scheme under which Territory courts will be able to take evidence and submissions from a person in a participating state, and a court in a participating state will be able to do the same with respect to a person in the Territory. Participating states, in enacting legislation substantially corresponding with the model, will undertake to permit Territory courts to exercise the necessary powers within the state. In those jurisdictions, the nominated court will be able to enforce orders of the Territory court as if they were orders of that court. Legislation implementing the model scheme has already been passed in South Australia, New South Wales and Western Australia, and is being considered in a number of other jurisdictions.
The bill will also clarify and facilitate the general use of these technologies by the courts, quite apart from the participatory scheme. It’s provision deal with appearance and the taking of evidence and submissions by the use of these modern technologies from anywhere within the Territory, as well as interstate - that is, where not within the participatory scheme - or even internationally.
The general provisions of the bill are broader than the participatory model, in particular that:
the definition of ‘Territory court’ is more broadly defined than for the purposes of the participatory scheme; it extends to include any person acting judicially. This extension, which has been introduced as a result of consultation with the judiciary, should help to ensure that consistent practices are adopted across the board;
the general provisions extend to appearance before the court, as well as to the taking of evidence and submissions; and the general provisions also extend, again in the light of consultation with the judiciary, to encompass the possible use of merely visual links as well as audio and audio-visual links.
The bill contains many protections to ensure that the technology is best used to facilitate the administration of justice within the Territory. A court must not direct the use of these technologies unless satisfied that both of the necessary facilities are available or can reasonably be made available, and that their use is more convenient. In addition, a court must have regard to whether the use of the technology would be unfair to any person. There are also technical requirements which must be met, ensuring that participants are able to see and/or hear one another as the relevant technology requires.
The government is committed to providing efficient and effective access to justice within the Territory. It is also committed to ensuring that the Territory embraces new technologies where these will benefit the Territory and Territorians. This bill gives effect to both those commitments. It will help ensure that Territory courts are able to continue to provide Territorians with a system of justice appropriate to the 21st century. I commend the bill to honourable members.
Debate adjourned.
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