Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

by leave—I move amendments (1) to (21) on sheet TM121 together:

(1) Schedule 1, item 1, page 3 (before line 7), before subparagraph (ba)(i), insert:

(ia) genocide (within the meaning of that Code); or

(2) Schedule 1, item 5, page 4 (before line 18), before subparagraph (ab)(i), insert:

(ia) genocide (within the meaning of that Code); or

(3) Schedule 1, item 6, page 4 (lines 26 to 31), omit paragraphs (ba) to (bc).

(4) Schedule 1, item 6, page 5 (lines 1 to 12), omit paragraphs (be) to (bh).

(5) Schedule 1, item 10, page 6 (lines 10 to 17), omit the definition of child complainant, substitute:

child complainant has the meaning given by section 15YAC.

(6) Schedule 1, item 11, page 6 (lines 20 to 25), omit the definition of child witness, substitute:

child witness has the meaning given by section 15YAD.

(7) Schedule 1, page 7 (after line 13), after item 17, insert:

17A After section 15YAB

Insert:

15YAC Child complainants

(1) A child complainant, in relation to a child proceeding:

(a) is a child who is, or is alleged to be, a victim of an offence, of a kind referred to in subsection 15Y(1), to which the proceeding relates (whether or not the child is involved in the proceeding or was involved in the initiation of the proceeding); and

(b) includes a person who was such a child at the time the offence concerned was alleged to have been committed.

(2) However, a person who is 18 or over is not a child complainant if the person informs the court that the person does not wish to be treated as such a complainant.

15YAD Child witnesses

(1) A child witness, in relation to a child proceeding:

(a) is a child (including a child complainant) who is a witness in the proceeding; and

(b) includes a witness in the proceeding who was a child at the time the offence concerned was alleged to have been committed.

(2) However, a person who is 18 or over is not a child witness if the person informs the court that the person does not wish to be treated as such a witness.

(8) Schedule 1, items 23 and 24, page 7 (line 24) to page 8 (line 2), omit the items, substitute:

23 Subsection 15YC(1)

Omit "unless:", substitute "unless the court gives leave.".

24 Paragraphs 15YC(1)(a) and (b)

Repeal the paragraphs.

(9) Schedule 1, page 8 (after line 2), after item 24, insert:

24A Paragraph 15YC(2)(a)

Omit "or", substitute "and".

24B Paragraph 15YC(2)(b)

Omit "if the evidence relates to the credibility of a child witness and is to be adduced in cross-examination of the child—".

24C At the end of subsection 15YC(2)(b)

Add:

; and (c) either:

(i) the evidence is of sexual activity that is alleged to form part of a connected set of circumstances in which the alleged offence was committed; or

(ii) if the evidence is of sexual activities with a defendant in the proceeding—the evidence relates to sexual activity that occurred or was recent at the time of the commission of the alleged offence.

24D Subsection 15YC(3)

Omit "The", substitute "For the purposes of paragraph (2)(a), the".

24E Subsection 15YC(4)

After "value", insert "for the purposes of paragraph (2)(b)".

(10) Schedule 1, item 26, page 8 (line 19), omit "unless:", substitute "unless the court gives leave.".

(11) Schedule 1, item 26, page 8 (lines 20 to 24), omit paragraphs 15YCB(1)(a) to (c).

(12) Schedule 1, item 26, page 8 (line 27), omit "or", substitute "and".

(13) Schedule 1, item 26, page 8 (lines 28 to 30), omit "if the evidence relates to the credibility of the vulnerable adult complainant and is to be adduced in cross-examination of the complainant—".

(14) Schedule 1, item 26, page 8 (line 31), at the end of subsection 15YCB(2), add:

; and (c) either:

(i) the evidence is of sexual activity that is alleged to form part of a connected set of circumstances in which the alleged offence was committed; or

(ii) if the evidence is of sexual activities with a defendant in the proceeding—the evidence relates to sexual activity that occurred or was recent at the time of the commission of the alleged offence.

(15) Schedule 1, item 26, page 9 (line 1), omit "The", substitute "For the purposes of paragraph (2)(a), the".

(16) Schedule 1, item 26, page 9 (line 5), after "value", insert "for the purposes of paragraph (2)(b)".

(17) Schedule 1, item 27, page 11 (lines 16 and 17), omit subsection 15YDD(1), substitute:

(1) A recording must be made of the evidence given by the vulnerable person at the evidence recording hearing.

(1A) The recording must be a video recording unless the court is satisfied that extraordinary circumstances require the use of audio recording only.

(18) Schedule 1, page 13 (after line 27), after item 27, insert:

27A After section 15YF

Insert:

15YFA Unrepresented defendants — cross-examination of vulnerable adult complainants

(1) A defendant in a vulnerable adult proceeding who is not represented by counsel is not to cross-examine a vulnerable adult complainant.

Note: A person is not to cross-examine certain persons at committal proceedings or proceedings of a similar kind—see section 15YHA.

(2) A person appointed by the court is to ask the vulnerable adult complainant any questions that the defendant requests the person to ask the complainant.

27B Paragraph 15YG(1A)(b)

Repeal the paragraph.

(19) Schedule 1, item 36, page 15 (before line 7), before subsection 15YM(4), insert:

(2) However, a recording that is an audio recording only must not be admitted under subsection (1) unless the court is satisfied that extraordinary circumstances require the use of audio recording only.

(20) Schedule 1, item 50, page 17 (line 6), omit "physical".

(21) Schedule 1, item 55, page 19 (lines 15 and 16), omit paragraph 15YR(2B)(c), substitute:

(c) include the following details:

(i) the name, qualification and business address of the practitioner;

(ii) the nature and duration of the professional relationship between the practitioner and the vulnerable person; and

The Australian government is committed to improving criminal justice responses to sexual assault and strengthening protections for vulnerable persons involved in Commonwealth criminal proceedings. The government amendments to the bill follow the Senate Legal and Constitutional Affairs Legislation Committee's inquiry into the bill. The amendments, which were developed through targeted, confidential consultation with government and non-government stakeholders, seek to address the recommendations of the committee and address stakeholder feedback raised in submissions. The original policy intention of the bill has not changed. The purpose of the amendments is to ensure that the bill gives full effect to that intention.