Keith Pitt (Hinkler, National Party) Share this | Hansard source

I thank honourable members for their contribution to the debate on this bill, which will make significant improvements to Commonwealth criminal justice arrangements. The bill has been considered in detail by several parliamentary committees. I thank those committees for their contributions and confirm that the government has amended the explanatory memorandum and the bill to implement recommendations emanating from committee consideration of the bill. I also take the opportunity to thank the opposition for their cooperation.

This bill will bolster the Commonwealth's ability to combat fraud and corruption. The measures in the bill will enable the Commonwealth to gather necessary personal information to clamp down on corrupt officials and those who defraud the Commonwealth. Personal information will be able to be collected and disclosed to or within the Commonwealth and where it is necessary for an integrity purpose. These measures are appropriate and contain appropriate safeguards to protect privacy. The amendments only apply to serious misconduct or substantial fraud and require that any guidelines made on the operation of the measures be approved by the Information Commissioner.

The bill amends the sections of the Crimes Act dealing with offences for disclosing information relating to controlled operations. These amendments will reduce restrictions placed on ordinary citizens, introducing new elements that must be proven before a member of the community can be convicted of a disclosure offence. The government understands the importance of maintaining public awareness of and confidence in the activities of our law enforcement agencies. The decision to provide additional protections for members of the community demonstrates our commitment to achieving the right balance between freedom of expression and our national security and law enforcement requirements.

The government has amended the explanatory memorandum to clarify the intended interaction between the Commonwealth controlled operation offences and state and territory offences, in response to a recommendation published in the Bills Digest that considered the bill. The bill clarifies the timing of the requirement that investigating officials who intend to question an Aboriginal person or Torres Strait Islander in relation to a Commonwealth or ACT offence must contact an Aboriginal legal assistance organisation before starting their questioning. This will give full effect to a recommendation of the Royal Commission into Aboriginal Deaths in Custody upon which the relevant provision in the Commonwealth Crimes Act is based. This was always the original intention of the legislative requirement, but was cast into doubt by an ACT Supreme Court case. The bill will end this uncertainty and will strengthen an important protection for Aboriginal persons and Torres Strait Islanders in custody.

The government will introduce amendments to remove the 'reasonable steps' requirement in response to concerns expressed in submissions to the Senate Legal and Constitutional Affairs Legislation Committee. The bill also strengthens the Commonwealth's vulnerable witness protections. The bill will introduce amendments requiring that applicants seeking leave from the court to publish matters likely to identify vulnerable persons must notify relevant parties to the original proceeding prior to that application being heard.

The bill will increase the maximum penalty for general dishonesty offences in the Criminal Code from five years imprisonment to 10 years imprisonment. This will ensure that the courts have the ability to address high-level offending that falls within the parameters of these offences. It will also ensure that penalties for criminal conduct of a similar nature are consistent across the Criminal Code. This amendment was a key recommendation from the Commonwealth Director of Public Prosecutions to the Senate committee inquiry into penalties for white-collar crime, which reported in 2017.

Contrary to concerns raised in submissions to the Senate Legal and Constitutional Affairs Legislation Committee, this will not have a disproportionate effect on welfare recipients who have been charged with minor fraud offences. Increasing the maximum penalty will allow judges to address higher level offending. It does not follow that higher sentences will be imposed on lower level offending. The bill will expand the functions of the Australian Federal Police to enable them to provide assistance and facilitate cooperation with international organisations and non-government organisations in relation to the provision of police services or police support services.

The amendments will ensure that the AFP can exchange information with international organisations made up of multiple member countries—for example, the International Criminal Court, ad hoc international war crimes tribunals and Interpol. The amendments ensure the AFP can cooperate effectively with requests for assistance from international organisations in response to an increasingly global criminal threat. The government has amended the explanatory memorandum to include further analysis of the privacy implications of these amendments, responding to a recommendation of the Senate Legal and Constitutional Affairs Legislation Committee. The bill also amends the Commonwealth's spent convictions regime to remove impediments that currently prevent the New South Wales Law Enforcement Conduct Commission from using spent convictions information to vet employees and investigate serious misconduct and corruption in particular circumstances.

The Senate Legal and Constitutional Affairs Legislation Committee recommended that, subject to the government elaborating on two issues in explanatory materials, the bill be passed. The government has tabled a further addendum to the explanatory memorandum, and government amendments to address the committee's recommendations. This bill has clearly been considered in detail and, as a result, represents a balanced approach to amending our criminal justice frameworks and practices. This bill will strengthen Australia's criminal justice framework and provide our law enforcement agencies with the tools and powers they need to do their job. It will ensure Commonwealth laws, as well as protections and safeguards, are robust and effective.

Question agreed to.

Bill read a second time.

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