Anne Ruston (SA, Liberal Party, Assistant Minister for Agriculture and Water Resources) Share this | Hansard source

I thank honourable senators for the contributions they've made to the debate on this bill. The Investigation and Prosecution Measures Bill 2017 makes three sets of amendments. Firstly, it amends the Telecommunications (Interception and Access) Act 1979 and the Surveillance Devices Act 2004 to ensure that the legislation supports a restructure of the New South Wales Independent Commission Against Corruption. Secondly, it extends the functions, powers and duties of the Commonwealth Director of Public Prosecutions to the laws of Norfolk Island. Thirdly, it amends the Norfolk Island Act 1979 to provide for the Supreme Court of Norfolk Island to exercise its jurisdiction by sitting in other Australian jurisdictions and to address limitations on commencing prosecution of historical sex offences.

The Independent Commission Against Corruption in New South Wales plays a critical role in investigating, exposing and preventing corruption in the public sector. In November 2016 the New South Wales parliament passed the Independent Commission Against Corruption Amendment Act 2016. That act restructured the commission by replacing the former arrangement of a single commissioner and assistant commissioner with a full-time chief commissioner and two part-time commissioners. Assistant commissioners may also be appointed as required. The measures in the bill will make minor amendments to both the Telecommunications (Interception and Access) Act 1979 and the Surveillance Devices Act 2004 to ensure that the restructured commission is referenced properly in both of those acts. The act will retain the commission's substantive powers under those acts.

The Telecommunications (Interception and Access) Act 1979 provides the legal framework for specified intelligence and law enforcement agencies to access communications and data for the investigation of criminal offences and other activities that threaten safety and security. It permits eligible law enforcement and security agencies, including the commission, to obtain warrants to intercept communications and access stored data and communications, and to access telecommunications data subject to stringent legal tests and independent oversight.

The interceptions act invests certain provisions within the commission's specific authority when undertaking functions. The chief commissioner, for example, will be able to authorise members of the commission to receive information gathered under warrants and communicate intercepted information obtained by the commission to other agencies in limited circumstances. The amendments will allow the chief commissioner, a commissioner or an assistant commissioner to be certifying officers under the act. Certifying officers can, for example, be delegated the power to revoke interception and stored communication warrants, certify true copies of warrants and issue evidentiary certificates.

The Surveillance Devices Act 2004 governs the use of optical surveillance devices, listening devices, and data and tracking devices by law enforcement agencies. The act complements relevant surveillance devices laws of the states and territories by allowing law enforcement agencies such as the commission to obtain surveillance device warrants to help investigate federal offences and state offences with a federal aspect. The Surveillance Devices Act invests certain positions within the commission's specific authority when undertaking functions under the act. These provisions ensure the authorisations are valid and that the persons authorised under the act to undertake those functions can exercise these prescribed functions legally. The chief commissioner, will, for example, have the power to revoke surveillance device warrants and authorise executive-level officers to be authorising officers. Commissioners and assistant commissioners will also be designated as authorising officers under the bill. Authorising officers may, for example, issue emergency authorisations for the use of a surveillance device, authorise the use and retrieval of tracking advices without warrant in certain circumstances, and issue evidentiary certificates.

The bill will ensure that the New South Wales Independent Commission Against Corruption is able to continue its valuable work and can access the investigative tools it needs to support its functions. In relation to the Norfolk Island Director of Public Prosecutions Act 1983, on 1 July 2015 the Australian government took over responsibility for delivering local, state and Commonwealth services on Norfolk Island, which are proportionately equivalent to services which benefit mainland Australians. As part of this process it was important to review prosecution arrangements in order to align services with those services on mainland Australia and other external territories. The measures in the bill will allow the Commonwealth Director of Public Prosecutions to take over prosecutorial and related functions in relation to the laws of Norfolk Island. This will ensure prosecutions against the laws of Norfolk Island are dealt with by a professional and independent prosecution service with significant expertise.

The Senate Standing Committee for the Scrutiny of Bills has considered this bill. The committee recommended further information be included in the explanatory memorandum to the bill, which the government has now tabled. Can I also thank the committee for their consideration of the bill.

The Australian government has reviewed laws and court procedures on Norfolk Island. The measures in this bill will authorise the Supreme Court of Norfolk Island to sit on the Australian mainland in the exercise of its civil and criminal jurisdiction. It will allow for a matter to be heard and for a jury to be empanelled in another state or territory. There are risks with drawing juries from a population as small as Norfolk Island, and this measure will ensure trials can be conducted fairly, improving community confidence in the Norfolk Island justice system.

Further measures in the bill will remove the time limits that apply to the prosecution of historical sexual offences on Norfolk Island and remove any immunity for alleged offenders arising from these limits. Time limits on prosecuting sexual offences, including historical sexual offences, and the immunity that may arise are no longer in line with community standards. Similar amendments have been made in other jurisdictions, including Victoria, the ACT and South Australia. The bill confirms the general position under Norfolk Island law that a prosecution for a serious offence may be commenced at any time after the commission of the offence. These measures also implement for Norfolk Island a key recommendation of the Royal Commission into Institutional Responses to Child Sexual Abuse, which recommended time limits and remaining immunity from prosecution for historical child sexual abuse offences be removed. While the amendments are retrospective in their effect, they do not seek to revive those old sexual offences that do not create retrospective criminal offences. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.