Criminal Law Reform Issues Consultation DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE Criminal Law Reform Issues Consultation March 2013

Purpose of today’s session Recently passed in February 2013 sittings Evidence (National Uniform Legislation) Amendment Bill 2012 Sentencing Amendment (Mandatory Minimum Sentences) Bill 2012 Criminal Code Amendment (Assaults on Workers) Bill 2012 Bail Amendment Bill 2012 Domestic and Family Violence Amendment Bill 2012 Victims of Crime Assistance Amendment Bill 2012 - Victims Levy Justice Legislation Amendment (Age of Retirement) Bill 2012 Recently introduced in February 2013 Serious Sex Offenders Bill 2013 Supreme Court Amendment Act 2013 Legislation being developed – possible March 2013 Match-fixing – criminal code amendment Other projects Local Court Review Criminal Code – Part IIAA conversion

Criminal Code Amendment (Assaults on Workers) Bill 2012 Current status The Criminal Code Amendment (Assaults on Workers) Bill 2012 was debated and passed by Parliament on 13 February 2013; The Act is expected to be commenced in the next month or so but the Department will write to stakeholders in advance to advise them of the start date.

Criminal Code Amendment (Assaults on Workers) Bill 2012 General objective of the legislation new offence of assaults on workers in the Criminal Code. will apply when a worker is unlawfully assaulted whilst he or she is working in the performance of his or her duties. maximum penalties for these offences are higher than the penalties for common assault under section 188 (which is the main section that would, but for the new provisions) apply.

Criminal Code Amendment (Assaults on Workers) Bill 2012 New Offence Assault on Workers New section 188A inserted into the Criminal Code requires proof that a worker is “unlawfully assaulted” while working in the performance of his or her duties. The term ‘worker’ is to be broadly defined in new section 188A(3)

Criminal Code Amendment (Assaults on Workers) Bill 2012 Worker means if victim carries out employment related activities (work) in any lawful capacity, including work as any of the following: an employee; a contractor or subcontractor; an apprentice or trainee; a student gaining work experience; a volunteer; a self-employed person; a person appointed under a law in force in the Territory to carry out functions or to hold an office However, a police officer is not a worker for this offence

Criminal Code Amendment (Assaults on Workers) Bill 2012 Penalties: a maximum of 7 years imprisonment if the victim suffers harm, or upon being found guilty summarily, a maximum of 3 years imprisonment; and a maximum penalty of 5 years imprisonment if the victim does not suffer harm, or upon being found guilty summarily, 2 years imprisonment Other Amendments: amends the Bail Act so that a ‘neutral presumption’ applies to the offence (s8) amends the Justices Act so that a Magistrate can hear the offence summarily repeals or amends overlapping Criminal Code offences

Sentencing Amendment (Mandatory Minimum Sentences) Bill 2012 Current status The Sentencing Amendment (Mandatory Minimum Sentences) Bill 2012 was debated and passed by the NT Parliament on 14 February 2013; The Act will commence immediately after the commencement of the Criminal Code Amendment (Assaults on Workers) Act 2012. This is because that Act makes an amendment to the Criminal Code to insert a new offence of assaulting a worker for which this Act creates a new mandatory sentence; expected to be commenced in approximately the next month but the Department will write to stakeholders in advance to advise them of the start date.

Sentencing Amendment (Mandatory Minimum Sentences) Bill 2012 General objective of the legislation repeals current section 78BA of the Sentencing Act which deals with mandatory sentencing for violent offences; provides for 5 new levels of violent offences; provides for corresponding new mandatory minimum sentences for assaults of 3 or 12 months (depending on the offence); otherwise keeps the effect of current s78BA; provides for exceptions to the application of mandatory minimum sentences.

Sentencing Amendment (Mandatory Minimum Sentences) Bill 2012 Level 5: serious harm (s181) or any assault + weapon + physical injury interfering with health no previous conviction violent offence - 3 months minimum imprisonment previous conviction violent offence- 12 months minimum imprisonment Level 4 assault police officer (189A) or new assault worker (188A) + physical injury interfering with health caused 3 months minimum imprisonment Level 3 aggravated assault (s188(2)) + physical injury interfering with health - no minimum but actual imprisonment required (no change) Aggravated assault regardless of level of injury + previous conviction for violent offence- 3 months minimum imprisonment Level 2 causing harm (s186) + physical injury interfering with health, actual imprisonment (no change) Level 1 any violent offence listed in Schedule 2 + previous conviction for violent offence, actual imprisonment (no change)

Sentencing Amendment (Mandatory Minimum Sentences) Bill 2012 Exceptions to application of mandatory minimum: exceptional circumstances exception applies to the requirement to impose a minimum sentence imprisonment (actual but undetermined imprisonment will apply instead) court may consider all matters it considers relevant in determining whether exceptional circumstances exist mandatory minimum sentence of imprisonment does not apply to a youth (but actual imprisonment can).

Victims of Crime Assistance Amendment Bill 2012 Current position The Victims of Crime Assistance Amendment Bill 2012 was debated and passed on 12 February 2013; The Act is yet to be commenced. However, commencement is planned for 1 July 2013. The amendments give effect to the NT Government’s election commitments to increase the financial contribution of offenders to the Victims Assistance Fund by increasing the victims’ assistance levy.

Victims of Crime Assistance Amendment Bill 2012 The Bill amends the Victims of Crime Assistance Act by increasing the levy amounts in section 61(3) for: an adult: from $60 to $200 for an indictable offence; from $40 to $150 for any other offence ie summary offences; a child, from $20 to $50 for any offence; and a body corporate, from $200 to $1000 for any offence. The levy imposed on infringement notices in section 61(6) will also be increased from $20 to $40.

Justice Legislation Amendment (Age of Retirement) Bill 2012 The Bill was debated and passed by the NT Parliament on 19 February 2013; The Act is yet to be commenced but is likely to be commenced soon after assent; No good reason for delay.

Justice Legislation Amendment (Age of Retirement) Bill 2012 The Bill amends: Director of Public Prosecutions Act; Law Officers Act; Magistrates Act; and Supreme Court Act (Master of the SC) Removes age discrimination and reflect the trend in the workforce to increase or do away with mandatory retirement ages. Also ensures consistency with retirement age for Judges both in NT and rest of Australia by increasing retirement age to 70.

Evidence (National Uniform Legislation) Amendment Bill 2012 The Bill was debated and passed by the NT Parliament on 20 February 2013; The Act is yet to be commenced – likely to be commenced soon once assented to. However, note that profession will be informed once commencement date is known; Relates to implementation of the National Uniform Evidence Act – 1 January 2013;

Evidence (National Uniform Legislation) Amendment Bill 2012 Amends section 19; To ensure that the exemptions to be applied to the compellability of witnesses where the offence relates to a victim who is under 16, are applied as intended; So that ‘close relative’ can’t apply for exemption under section 18 if victim is under 16; Also to make a number of minor consequential amendments to remove references to repealed provisions of the Care and Protection of Children Act.

These Bills were cognate - presented together; Domestic and Family Violence Amendment Bill 2012 Bail Amendment Bill 2012 Current status These Bills were cognate - presented together; They were debated and passed by Parliament on 14 February 2013; The Bills will be commenced following the making of Regulations anticipated to be during April 2013; Regulations to provide for procedures and details for testing.

Decision of Lawson v Dunlevy [2012] NSWSC 48 Domestic and Family Violence Amendment Bill 2012 Bail Amendment Bill 2012 Addressed problems with police being able to enforce orders or conditions prohibiting consuming alcohol and other illicit drugs; Concern was that the Acts did not provide sufficient power for Courts or police to impose condition that person submit to testing; Decision of Lawson v Dunlevy [2012] NSWSC 48

Bail Amendment Bill 2012 New section 27A(1)(ha) – inserts express power for police and court to make bail conditions requiring a person on bail to submit to testing; Also minor amendment – amends section 27(1)(h) to ensure conditions can be imposed preventing an accused from abusing prescription drugs as well as illicit drugs.

Domestic and Family Violence Amendment Bill 2012 Similar amendment as to the Bail Act; Amendment to section 21 clarifies that police or the court can make an ancillary order to ensure compliance with a condition not to consume alcohol or illicit drugs.

Bills Currently Before House – Debate March 2013 DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE Bills Currently Before House – Debate March 2013

Supreme Court Amendment Bill 2012 Current position The information in this paper should be read subject to any amendments to the policy or the proposed legislation that may be made between its introduction and its passage; This Bill was introduced on 21 February 2013; Debate – March sittings; Commencement –likely to be soon after assent.

Supreme Court Amendment Bill 2012 To clarify that Supreme Court has power to make rules of Court relating to functions under Commonwealth legislation; Raised by Chief Justice; Repeals and replaces section 86 “Rules of Court”; Transitional provision – new section 88 provides that the amendments do not affect the operation of any current rules.

Serious Sex Offenders Bill 2013 Current position The information in this paper should be read subject to any amendments to the policy or the proposed legislation that may be made between its introduction and its passage; This Bill was introduced on 14 February 2013; Debate during March sittings; Commencement – will be long lead up time to enable administrative processes to be put in place and education/information.

Serious Sex Offenders Bill 2013 General objective of the legislation (nb enacted 26 March 2013) The Serious Sex Offenders Bill 2013 will provide for the continued detention or supervised release of serious sex offenders who are deemed to be such a serious danger to the community that continued management of the offender is warranted post-sentence. This Bill reflects similar regimes in four other Australian jurisdictions. The proposed legislation will set out two main objects which must be taken into account by the Court when making orders under the Bill. primary object - to enhance the protection and safety of victims of serious sex offences and the community generally by allowing for the control of serious sex offenders who pose a serious danger to the community; and secondary object - to provide for the continuing rehabilitation, care or treatment of those offenders.

Serious Sex Offenders Bill 2013 General objective of the legislation (continued) The Bill will allow for the Attorney-General to make an application to the Supreme Court in relation to a serious sex offender who is nearing the end of his or her sentence for either – (a) a continuing detention order; or (b) a supervision order. For the court to make either of these orders, it must be satisfied that the offender is a ‘serious danger to the community’, that is, there is an unacceptable risk that the prisoner will commit a serious sexual offence if the prisoner is not detained in custody or subject to a supervision order

Serious Sex Offenders Bill 2013 Main proposed provisions of the legislation The Supreme Court must consider the following when deciding whether to make a continuing detention order or supervision order: The likelihood of the person committing another serious sex offence; The impact of serious sex offences that have already been committed, or are likely to be committed, by the offender on; Victims and their families; The community generally. And the need to protect people from those impacts – ie nature of the risk. To assist Court also make this assessment – medical reports, victim submissions and supervision report by the Director of Correctional Services.

Serious Sex Offenders Bill 2013 Main proposed elements of the legislation (continued) The legislation will set out the following: Application is to be to the Supreme Court; Matters to be determined by a civil process; What constitutes a ‘serious sex offence’ for the purposes of the Act; Applications to be made within the last 12 months of a prisoners sentence; A preliminary hearing to be held to determine if an application has merits; Requirement for at least 2 expert medical reports; Role of victims when making orders and when orders being reviewed; Content of supervision orders; Powers of court when dealing with contraventions of supervision orders; Reviews of continuing detention orders; Relationship with the Parole of Prisoners Act and Child Protection (Offender Reporting and Registration) Act; Appeals to the Court of Appeal; Application of the legislation to juveniles limited.

Legislation currently being developed DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE Legislation currently being developed Possible Introduction March 2013

Criminal Code Amendment – Match Fixing Current position The proposed Bill is being developed for the purposes of introduction into Parliament during the March 2013 sittings; The Bill is still in the drafting stage; The legislation is expected to be operating by mid 2013; The following information should be read subject to any amendments to the policy or the proposed legislation that may be made prior to its introduction into Parliament or to the subsequent Bill made between its introduction and its passage.

Criminal Code Amendment – Match Fixing National Agreement developed through the Standing Council on Law and Justice that states and territories would progress specific match-fixing offences; Fill gaps in legislation and provide sufficient penalties to reflect seriousness of offences; SCLJ identified 6 match-fixing behaviours that are to be proscribed; At this stage, NSW and SA have introduced the new offences and Victoria recently announced its intention to introduce legislation into its Parliament; Legislation based on recommendations made by the NSW Law Reform Commission.

Criminal Code Amendment – Match Fixing Proposed to introduce the following offences to ensure that NT legislation covers all agreed behaviours: Engaging in conduct that corrupts a betting outcome of an event; Facilitating conduct that corrupts a betting outcome of an event; Concealing conduct or agreement about conduct that corrupts a betting outcome of an event; and Use of corrupt conduct information or inside information for betting purposes. Maximum penalty for the offences are proposed to be 7 years imprisonment; However, maximum penalty for the offence of using inside information, is to be 2 years imprisonment.

Other Matters and Upcoming Reviews DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE Other Matters and Upcoming Reviews 2013

Replacing Part ll Criminal Code with Part llAA Longer term project (over next 3-4 years); To convert remaining offences in Criminal Code to comply with the criminal responsibility provisions of Part llAA (replacing Part ll); General policy is to retain the existing policy approach to each offence - not to adopt the specific Model Criminal Code Offences; Intend to complete conversion by 2016; Also other Justice legislation (eg Summary Offences Act and Misuse of Drugs Act); All other offences across NT Statute Book.

On the Horizon Local Court Reform Government is currently considering developing a consultation Bill to combine the civil and criminal jurisdictions of the Local Court and Magistrates Court. Looking to rationalise the jurisdiction, time limits, the maximum penalties for crimes triable summarily and terminology generally. Bail Reforms Bail presumptions - Seeking views on how presumptions should work. The presumptions for, against and neutral in regards to the granting of bail are getting more and more complex; are confusing and in some cases inconsistent.

DEPARTMENT OF THE ATTORNEY-GENERAL AND JUSTICE Thank you