Criminal Code and Other Acts Amendment Bill
Posted by Administrator (admin) on Oct 10 2008
2008 >>

Mr LAWLOR (Southport—ALP) (4.24 pm):

The Department of Justice and Attorney-General has completed a review of the offences contained in the Criminal Code with a view to streamlining the code and modernising the law relating to criminal offences. The amendments made seek to amalgamate the numerous very narrow and specific provisions contained in the code into more general offences where it is reasonable to do so; to repeal provisions which proscribe conduct covered in other more general
provisions or where the provisions are obsolete; to redraft archaic provisions into more modern language and concepts; to transfer a number of minor offences into the Summary Offences Act 2005; and to increase maximum penalties for certain offences in recognition of the seriousness of the conduct proscribed, and in very few cases penalties have been decreased to rectify existing penalty anomalies.
The more significant amendments to the Criminal Code amend the riot provisions relating to sections 61 to 66 to increase from three to 12 the number of persons needed to constitute a riot; expand the circumstances of aggravation to include riots that involve personal violence, dangerous or offensive weapons, or explosive substances; and delete the concept of a proclamation or, as it is commonly
known, the reading of the riot act.

Amendments to section 364 relate to cruelty to children under 16 to ensure the provision applies only to a person who acts intentionally or where the harm to the child was reasonably foreseeable and
to address current evidentiary problems in proving a very young child has suffered. This has been the focus of some of the attention from members of the opposition, particularly the last two speakers. The examples that they have given—that is, that these situations are covered by the requirement of parents to provide the necessities of life—simply do not apply to situations where, for instance, a child is left in a motor vehicle at a casino. That does not cover that situation. That is why this amendment is required, and there is adequate protection in that the act requires that intent must be proved before a person is charged. It is unusual to hear the opposition going on about the fact that these particular people might
be imprisoned, because we are talking about maximum penalties here.
In all of these tragic circumstances that have been mentioned by members of the opposition, those parents will, in all likelihood, never go to jail, as they should not. I know of a situation where a
young child was left in a car in the heat and actually died. The mother thought that the father had brought the child in and the father thought that the mother had brought the child in. The child died and it has absolutely devastated the family. In those cases the parents are not prosecuted because there was no intent, of course, to leave the child where it was. It is only in extreme circumstances where completely irresponsible parents would be in any danger of going to prison.

The bill includes the insertion of a new section 364A, which provides the offence of leaving a child under 12 unattended for an unreasonable time without making reasonable provision for the supervision and care of the child; amendments to amalgamate the existing code offences relating to acts that endanger the safe use of railways and aircraft and to extend the provision to all vehicles; and amendments to section 340 relating to serious assaults to include assault on public officers who are performing a function of their office or employment. This amendment ensures that ambulance, fire and other emergency services officers will receive the protection of the provision. Also, all public servants
such as teachers and child safety workers will come within this provision.

There are also amendments to significantly increase the maximum penalties applicable for the offences of accessories after the fact to crimes and attempts to commit offences and amendments to
provide a special disclosure regime for an audio or video recorded statement admissible under section 93A of the Evidence Act 1977. The Bail Act is also amended in relation to when a defendant’s
appearance is required and expands the circumstances when an application to vary or revoke bail can be made upon issue of a notice.

The Criminal Law Amendment Act 1945 has been amended to provide that a Queen’s pleasure detainee loses his ability to be released unconditionally by the Governor in Council when released on parole. The Summary Offences Act 2005 is amended to insert an offence of unlawful assembly, which is transferred from the code, with a circumstance of aggravation where the offender continues to
participate in the unlawful assembly after anyone in the assembly has used unlawful violence to a person or property.

There is also an amendment to the Criminal Law (Sexual Offences) Act 1978, including an amendment to allow adult complainants to consent to the publication of their identifying particulars in
certain circumstances. There is also an amendment to the Penalties and Sentences Act 1992 so that a relevant factor that the court must have regard to is whether a child under 16 years of age is a witness to or is directly exposed to an offence. The bill also makes various procedural amendments for a more efficient running of the courts. I commend the bill to the House.

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