Duncan Kerr (Denison, Australian Labor Party) Share this | Hansard source

I wish to make a couple of remarks in relation to the amendments to the Crimes Amendment (Bail and Sentencing) Bill 2006. First I want to respond to the comments of the Attorney. I have no shame whatsoever in sharing any blame that is due in relation to the proposals that are currently before the House. I oppose them regardless of whoever’s mouth they have been expressed by. But I am given assurances by the honourable member for Gellibrand that, contrary to my understanding and what I read in the parliamentary brief, in fact the COAG process did not endorse these particular measures, nor are any state governments going to follow them. So to the extent that I have perhaps inadvertently placed blame on my state Labor colleagues, I withdraw it. I thank the Attorney for giving me the opportunity to reflect on that matter and the member for Gellibrand for drawing my attention to that particular matter. But my criticism that any person who proposes a racist piece of legislation of this nature deserves condemnation, be they on the Labor side or on the government side, still stands.

Let me ask the Attorney to respond to these propositions and take the debate away from Australian Indigenous practices and cultural norms. An example I became very familiar with in Papua New Guinea—conduct which is entirely unlawful and often results in death and murder—is where people believe in sorcery. Under the customary arrangements and beliefs that exist in those particular communities, people breached the criminal law of Papua New Guinea. It has always been the case that the state of mind of the person influenced by their customary understandings of their obligations is something that is taken into account in relation to sentencing. It would be bizarre if it were not. You cannot sentence somebody who does not believe in sorcery on the same basis as somebody who does believe in sorcery. It is a conundrum beyond all understanding that this government can put forward such a proposition.

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