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Explanatory Statement Serious Sex Offenders Bill 2013 (Serial 18)



Explanatory Statement Serious Sex Offenders Bill 2013 (Serial 18)

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Tabled paper 232


Tabled Papers for 12th Assembly 2012 - 2016; Tabled Papers; ParliamentNT




Tabled by Johan Elferink


Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.




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Attorney-General and Minister for Justice

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31 Subclause (2) clarifies that an application for a warrant or summons in relation to an alleged offence is an ex parte proceeding. Subclause (3) clarifies that the parties to proceedings are the Attorney-General and the offender. Standard of proof Under the Act, the standard of proof: Clause 95. for determining whether a person is a serious danger to the community, is that of high degree of probability (as set in clause 6(3));) for criminal matters, is that of beyond reasonable doubt; and for all other matters, is the balance of probabilities. Duty of Attorney-General to disclose relevant material Clause 96. This clause provides that in any civil proceeding under this Act, the Attorney-General has the same duty to disclose evidence or things in the Attorney-General's possession as the prosecution has in a criminal proceeding. Subclause (2) provides that the Attorney-General must disclose relevant materials as soon as practical after the proceeding commences.o Subclause (3) contains a definition of relevant materials. They are materials relevant to the proceedings that are in the possession of, or available to, the Attorney-General or the Director of Correctional Services. Clause 97. Evidence This sets out the materials that can be admissible as evidence in civil proceedings as mentioned in clauses 6(2), 9 and 14. materials include: These Various reports about the offender; 31

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