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Chapter 1 - Introduction
Purpose of the Bill
1.1
On 14 September 2006, the Crimes Amendment (Bail and Sentencing) Bill
2006 (the Bill) was referred to the Legal and Constitutional Affairs Committee,
for inquiry and report by 16 October 2006.
1.2
The Bill seeks to amend the sentencing and bail provisions in the Crimes
Act 1914 (Crimes Act) in accordance with the decisions made by the Council
of Australian Governments (COAG) on 14 July 2006. The COAG decisions followed
the Intergovernmental Summit on Violence and Child Abuse in Indigenous
Communities (Intergovernmental Summit) which took place on 26 June 2006.[1]
1.3
The Explanatory Memorandum (EM) to the Bill describes the principal
features of the proposed amendments as follows:
-
to require that a court consider the potential impact on victims
and witnesses, and specifically the potential impact on victims and witnesses
in remote communities, when granting and imposing bail conditions for
Commonwealth offences;
- to delete the reference to 'cultural background' in section 16A of
the Crimes Act for all Commonwealth offences; and
- to ensure that no customary law or cultural practice excuses,
justifies, authorises, requires, or lessens the seriousness of any criminal
behaviour with which the Crimes Act is concerned.[2]
Background to the Bill
1.4
In his Second Reading Speech, the Parliamentary Secretary to the
Minister for Defence noted the Federal Government's 'concerns about the
relatively high level of violence and abuse in Indigenous Communities'. These
concerns were expressed by the Minister for Families, Community Services and
Indigenous Affairs at the Intergovernmental Summit. At that summit, the Federal
Government 'called upon all Australian jurisdictions to take action against the
perpetrators of violence and abuse, and to improve the safety and security of
the general community'.[3]
COAG also expressed concern that some Indigenous communities suffer from high
levels of family violence and child abuse, and that the magnitude 'demands an
immediate national targeted response focused on improving the safety of
Indigenous Australians'.[4]
1.5
The Federal Government 'rejects the idea that an offender's cultural
background should automatically be considered, when a court is sentencing that
offender, so as to mitigate the sentence imposed'.[5]
At the Intergovernmental Summit, the Federal Government and all state/territory
governments agreed that customary law in no way justifies, authorises or
requires violence or sexual abuse against women and children. The Federal
Government undertook to review bail conditions in relation to Federal offences
to ensure that adequate protection is given to alleged victims and potential
witnesses, especially those who live in remote communities. The Federal
Government also invited, and encouraged, the states and territories to review
their bail legislation.[6]
1.6
The EM states that the recommendations of the Royal Commission into
Aboriginal Deaths in Custody were considered during the formulation of the Bill.
While the Federal Government has expressed concern about Aboriginal deaths in
custody and high incarceration rates, the committee notes statements that it is
particularly concerned about the high levels of family violence and child abuse
in Indigenous communities. The Federal Government wishes to ensure that proper
sentences are given to offenders and that the law covering such crimes reflects
their seriousness.[7]
1.7
As the Parliamentary Secretary to the Minister for Defence said in his
Second Reading Speech:
The high levels of family violence and child abuse in Indigenous
communities is appalling. The law covering such crimes must reflect the fact
that such criminal behaviour is unacceptable. The Australian Government is
committed to protecting Australians from criminal behaviour, and those who are
most vulnerable are obviously those most in need of protection.[8]
1.8
The Second Reading Speech notes that the amendments contained in the Bill
form one element of the Federal Government's approach to addressing such
issues. For example, the amendments 'are complemented by law enforcement
initiatives which include the creation of a National Indigenous Violence and
Child Abuse Intelligence Task Force to facilitate the sharing of information
and intelligence on crimes of violence and child abuse in the Indigenous
community'.[9]
Conduct of the inquiry
1.9
The committee advertised the inquiry in The Australian newspaper
on 19 September 2006, and invited submissions by 25 September 2006. Details of the inquiry, the Bill, and associated documents were placed on the
committee's website. The committee also wrote to over 130 organisations and
individuals.
1.10
The committee received 14 submissions which are listed at Appendix 1.
Submissions were placed on the committee's website for ease of access by the
public.
1.11
The committee held a public hearing in Sydney on 29 September 2006. A list of witnesses who appeared at the hearing is at Appendix 2 and copies of
the Hansard transcript are available through the Internet at http://aph.gov.au/hansard.
Acknowledgement
1.12
The committee thanks those organisations and individuals who made
submissions and gave evidence at the public hearing.
Note on references
1.13
References in this report are to individual submissions as received by
the committee, not to a bound volume. References to the committee Hansard are
to the proof Hansard: page numbers may vary between the proof and the official
Hansard transcript.
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