George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendment to be moved to the bill. I move the government amendment on sheet ZA417:

(1) Schedule 2, page 10 (after line 14), after item 32, insert:

32A At the end of section 104.28 of the Criminal Code

  Add:

Young person ' s right to legal representation

(4) If an issuing court is satisfied, in proceedings relating to a control order, that:

  (a) the person to whom the control order relates, or the person in relation to whom the control order is requested, is at least 14 but under 18; and

  (b) the person does not have a lawyer acting in relation to the proceedings;

the court must appoint a lawyer to act for the person in relation to the proceedings.

(5) However, the issuing court is not required to appoint a lawyer if:

  (a) the proceedings are ex parte proceedings relating to a request for an interim control order; or

  (b) the person refused a lawyer previously appointed under subsection (4) during proceedings relating to:

     (i) the control order; or

     (ii) if the control order is a confirmed control order—the interim control order that was confirmed.

(6) The regulations may provide in relation to the appointing of lawyers under subsection (4) (including in relation to lawyers appointed under that subsection).

The government amendment on sheet ZA417 implements recommendation 2 of the Parliamentary Joint Committee on Intelligence and Security, relating to the legal representation of young persons in control order proceedings. Recommendation 2 of the PJCIS advisory report recommended that the bill be amended to expressly provide that a young person has the right to legal representation in control order proceedings. This was the 'enhanced protections' that I referred to in my remarks in closing the second reading debate last night. The amendment will require that the issuing court must appoint a lawyer to act for a person in relation to a control order proceeding if the court is satisfied that the person to whom the control order relates or the person in relation to whom the control order is requested is at least 14 years of age but under 18 and the person does not have a lawyer acting in relation to the control order proceedings. The court will not be required to appoint a lawyer where the proceedings are ex parte, relating to a request for an interim control order or the young person refused a lawyer previously appointed by the court during proceedings relating to a control order or, if the control order is a confirmed control order, the interim control order that was the subject of the confirmation proceedings.

The amendment will also include a regulation-making power to address any administrative matters relevant to the appointment of lawyers for young persons. The government will move swiftly to make these regulations in consultation with the states and territories. The amendment will further strengthen the safeguards for young persons who are subject to a control order and provides an additional mechanism for implementing PJCIS recommendation 2.

As I said to you last night, Senator McKim, at the moment in relation to 16- and 17-year-old people who are subject to the existing control order regime there is no special provision to guarantee the appointment of a lawyer. Now, as a result of these amendments, for people between the age range of 14 and 17 years there will be. So this is yet a further enhancement of the protections that does not exist already.