Friday, 30 August 2024
Policy and Law Reform Update - September 2024
These policy and law reform updates are collated to ensure members are equipped for any changes that may impact the profession. If you have any suggestions or feedback please contact us here.
Key legislative changes
Note that the following summary does not constitute legal advice and is intended only to provide general information to practitioners, drawn primarily from the amending legislation and explanatory materials accompanying its consideration by the ACT Legislative Assembly.
Passage of laws promoting human rights
The Monitoring of Places of Detention Legislation Amendment Bill 2024 was passed on 28 August 2024 and is awaiting notification. The Bill amends relevant legislation to provide for the establishment, functions and powers of the ACT National Preventive Mechanism, supporting the ACT’s international human rights obligations under Part IV of the United Nations Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.
The Human Rights (Healthy Environment) Amendment Bill 2023 was also passed on 28 August 2024 and is awaiting notification. The Bill establishes a new statutory right to a clean, healthy and sustainable environment.
The Society, through its International Law Committee, will continue to monitor the implementation of these reforms.
Better protections for victims of sexual, family and personal violence
The Sexual, Family and Personal Violence Legislation Amendment Bill 2023 was passed on 28 August 2024. The Bill seeks to improve how ACT laws respond to sexual, family and personal violence with an aim of improving victim-survivors’ access to justice and enhancing their safety (including streamlining family and personal violence order proceedings).
The Society was engaged in the development of the Bill through its Family Violence and Children’s Committee and Criminal Law Committee.
Reviews and inquiries
ACT Law Reform and Sentencing Advisory Council referral in relation to dangerous driving (sentencing and recidivism)
The Society made a submission to the Review informed by the Criminal Law Committee. Submissions to the Review are available from here. The Council’s final report is being provided to the ACT Attorney-General this week and will be made publicly available in due course.
Australian Human Rights Commission – report on child justice systems
The National Children’s Commissioner has presented their report, ‘Help way earlier!’ How Australia can transform child justice to improve safety and wellbeing, to the Commonwealth federal Attorney-General on the 20 August 2024. Among other things, the report recommends the minimum age of criminal responsibility in Australia be raised to 14 years of age.
Current bills
The current list of all bills before the ACT Legislative Assembly is available from here. The following bills have been highlighted for the interest of Members.
-
Crimes (Coercive Control) Amendment Bill 2024 – a private members Bill which seeks to criminalise coercive control.
-
*NEW* Crimes (Anti-Consorting) Amendment Bill 2024 – a private members Bill which seeks to introduce a new offences of consorting with convicted criminals and is aimed at combatting the activities of outlaw motorcycle gangs.
-
*NEW* Evidence (Miscellaneous Provisions) Amendment Bill 2024 – a private members Bill which seeks to ensure that victims of sexual offences in the workplace can have their identity protected in proceedings.
-
Justice and Community Safety Legislation Amendment Bill 2024 – an omnibus bill making minor and technical amendments to a range of legislation, including the: Civil Law (Wrongs) Act 2002, Court Procedures Act 2004; Domestic Violence Agencies Act 1986; Human Rights Act 2004 and the Discrimination Act 1991.
