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

I present a further addendum to the explanatory memorandum and a supplementary explanatory memorandum to the bill. I ask leave of the House to move government amendments (1) and (2) together.

Leave granted.

I move government amendments (1) and (2) on sheet KQ126 together:

(1) Schedule 2, item 4, page 4 (lines 15 to 22), omit the item, substitute:

4 Paragraphs 23H(1)(a) and (b)

Repeal the paragraphs, substitute:

(a) inform the person that a representative of an Aboriginal legal assistance organisation in the State or Territory in which the person is located will be notified that the person is under arrest or is a protected suspect (as the case requires); and

(b) notify such a representative that the person is under arrest or is a protected suspect (as the case requires).

(2) Schedule 2, item 15, page 6 (lines 13 to 19), omit the item, substitute:

15 Paragraphs 23WG(4)(a) and (b)

Repeal the paragraphs, substitute:

(a) inform the suspect that a representative of an Aboriginal legal assistance organisation will be notified that the suspect is to be asked to consent to a forensic procedure; and

(b) notify such a representative that the suspect is to be asked to consent to a forensic procedure.

Clare O'Neil (Hotham, Australian Labor Party, Shadow Minister for Justice) Share this | Link to this | Hansard source

I would like to make it clear that Labor will support the amendments to this bill. They're actually quite crucial. The bill as it was originally drafted would have altered the content of our federal custody notification scheme from an absolute requirement to notify an Aboriginal legal assistance organisation to an obligation to take 'reasonable steps' to notify an Aboriginal legal assistance organisation and provide a two-hour window for that organisation to contact the individual to be questioned. That sounds very technical, but what we're really talking about is what are the obligations on police when they want to question a person who is of First Nations heritage. It is crucially important that an Aboriginal legal service be notified so they can provide support to a First Nations person who needs legal assistance. That's the amendment that's before us and that's what's being clarified here in the House.

This is our parliament at work. The committee process flushed out these issues. We had experts on our side of the House who have been working in this area for decades who were able to provide some historical aspect to what was going on here. Labor went to the government and asked for amendments to be made, and the government in good faith made those amendments. So I'm pleased support what's before the House now.

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

I thank the opposition for their support. These government amendments will amend schedule 2 of the Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2017, which concerns the existing custody notification obligation in the Commonwealth Crimes Act. The custody notification obligation applies to investigating officials when they have arrested and detained an Aboriginal or Torres Strait Islander for the purpose of questioning them about an offence. The bill as originally introduced would have amended subsection 23H(1) of the Commonwealth Crimes Act to require investigating officials to take reasonable steps to notify an Aboriginal legal assistance organisation in these circumstances. The government's intention with the bill in its original form was to clarify what was required of investigating officials to discharge the obligation.

The Senate Legal and Constitutional Affairs Legislation Committee has considered the bill and recommended that the term 'reasonable steps' be further explained in the explanatory materials. After careful consideration, the government has decided to move amendments to remove the term entirely. The amendments will still make clear that investigating officials must notify an Aboriginal legal assistance organisation before commencing questioning. I thank the committee and the important community stakeholders for their consideration of the bill in detail.

Question agreed to.

Bill, as amended, agreed to.