Territory Stories

Debates Day 3 - Thursday 21 October 1993



Debates Day 3 - Thursday 21 October 1993

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Parliamentary Record 21


Debates for 6th Assembly 1990 - 1994; ParliamentNT; Parliamentary Record; 6th Assembly 1990 - 1994




Made available by the Legislative Assembly of the Northern Territory





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Legislative Assembly of the Northern Territory

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Attribution International 4.0 (CC BY 4.0)

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Legislative Assembly of the Northern Territory



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DEBATES - Thursday 21 October 1993 with this urgently because the right of citizen's arrest has been abrogated in its entirety. There was no problem in relation to the citizen's power of arrest in the very case that the Attorney-General mentioned. Justice Mildren went on to say that this did not mean that force could not be used to protect life or property or to prevent the commission of offences because the code recognised specifically that it could be, provided that it was not unnecessary force and was not intended and not likely to cause death or grievous harm. He referred the reader to section 27 of the Criminal Code and went on to say: 'If this is thought to be an unsatisfactory result, the remedy lies with the legislature. There is a need for the parliament to address the question, but I do not believe that it ought to be addressed on the basis of urgency. There is a problem in shoplifting cases that requires fuller consideration. I point out that we have drafted another possible way of addressing this problem even though we have had the legislation only since Monday. I have given some thought to the way in which it might be addressed and I think that the parliament ought to consider what is an important issue in a sober and considered fashion. I do not believe that urgency is appropriate and, as I say, I believe the motion proposing it should be opposed. Mr REED (Primary Industry and Fisheries): Mr Speaker, I want to contribute briefly to this debate and, in so doing, to support strongly the motion for urgency in relation to this matter. I have been listening to the member for MacDonnell. I believe that he overlooks the seriousness of this matter. He overlooks the benefits that will derive to the broader community from this bill. I understand that urgency should be used simply where the outcome will assist the community and I think that is appropriate in these circumstances. I recall comments made previously by the member for MacDonnell on matters of this kind. We are talking about law and order. The Attorney-General considers it appropriate that the Assembly deals with this matter with urgency, for reasons that the member for MacDonnell himself alluded to although he did not agree with them all. I find it rather unusual for the member for MacDonnell to be arguing in this way when, before we went to the people at the last election, as the shadow Attorney-General, he did not even have the guts to present to the people of the Northern Territory the opposition's law and order policy, notwithstanding that he had promised to do so. I find it a touch hypocritical that he should now stand up in this House and oppose urgency when it is requested to enable the House to process legislation that is needed urgently. It is a great shame that members opposite should adopt this attitude. Mr Parish: We are showing respect for the forms of the House, which is something that you might like to share in. Mr REED: This issue is of importance in my view. After making commitments in the past to explain their party's policies in detail to the people of the Northern Territory, they have failed to do so. Members opposite went to the last election without providing details of their law and order policy. How on earth have they the temerity to oppose an issue of this kind? Mr Speaker, I strongly support the minister and the motion for urgency that he has proposed. Mr COLLINS (Greatorex): Mr Speaker, I believe that it is the nature of the particular matter before us that is important, and that is why I will support the motion for urgency. It is difficult enough to persuade citizens 10 204