Territory Stories

Debates Day 1 - Tuesday 23 May 1995

Details:

Title

Debates Day 1 - Tuesday 23 May 1995

Other title

Parliamentary Record 11

Collection

Debates for 7th Assembly 1994 - 1997; ParliamentNT; Parliamentary Record; 7th Assembly 1994 - 1997

Date

1995-05-23

Notes

Made available by the Legislative Assembly of the Northern Territory

Language

English

Subject

Debates

Publisher name

Legislative Assembly of the Northern Territory

Place of publication

Darwin

File type

application/pdf

Use

Attribution International 4.0 (CC BY 4.0)

Copyright owner

Legislative Assembly of the Northern Territory

License

https://creativecommons.org/licenses/by/4.0/

Parent handle

https://hdl.handle.net/10070/281694

Citation address

https://hdl.handle.net/10070/413979

Page content

DEBATES - Tuesday 23 May 1995 M r EDE: Mr Chairman, I would like to thank the Attorney-General for at least the first part of that. For the third time, he has expanded on what I said in the first place. I ask the Chief Minister about the requiring of information to be given. Why is that seen to be translating that area into a judicial function? Surely the requiring of information to be given is purely an administrative function, and should remain such. M r PERRON: I know exactly what the Leader of the Opposition is saying. I am having trouble obtaining any concrete advice, but I assume that it refers to requiring information to be given in relation to a case. Proposed section 3(1 )(eb)(vi) provides that, where the DPP is assembling his information or whatever to determine whether to launch or not launch a prosecution, that information should be somewhat constrained. M r EDE: Mr Chairman, I seek leave of the committee to move an amendment from the floor to insert after the word given in paragraph (eb)(vi) the words in relation to a specific case. I believe that will ensure that what we are actually talking about is quite clear, and it will certainly give us more comfort. Leave granted. M r EDE: Mr Chairman, I move that, after the word given in paragraph (eb)(vi), the words in relation to a specific case be inserted. M r Stone: Think about a case referred to under section 28. That fits what you are thinking about rather than that particular case. M r EDE: Mr Chairman, a better wording would be in relation to a specific judicial proceeding. This is the wording used in paragraph (eb)(i). Proposed paragraph (ebXO refers to the instituting and conducting of, or participation in or assistance with matters relating to, judicial proceedings, including such proceedings outside of the Territory. It would be better if my amendment referred to the requiring of information to be given in relation to specific judicial proceedings. We would then be talking about the same thing. M r PERRON: It sounds pretty good to me, except that I have not received a nod from my advisers. However, I have some clarification. Under section 23 of the Director o f Public Prosecutions Act, section 23 is titled, director may request information. Obviously, that is what this relates to. It is where the DPP takes over a case from the police prosecutors who have been preparing it. He has quite significant powers to require information in relation to the case that he has taken over. I am sure that is what it refers to. It seeks to provide that the DPP should not be able to access the bowels of the legal files even though he certainly should be able to access all relevant dates, times, how long the matter took and why it took so long etc. Delays are what I am really concerned about with statutory officers who may end up thinking they are God and doing whatever they feel like. I believe that requires some clarification. I agree that line is a bit bald. However, I am sure there is a specific intention there. The preliminary advice I have obtained on the run is 3598


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