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Contents Visitors DEBATES – Wednesday 30 November 2016 CONTENTS VISITORS ................................................................................................................................................... 619 Nightcliff Middle School ........................................................................................................................... 619 JUSTICE LEGISLATION AMENDMENT (BODY-WORN VIDEO AND DOMESTIC VIOLENCE EVIDENCE) BILL ............................................................................................................................................................. 619 (Serial 10) ................................................................................................................................................ 619 CRIMINAL CODE AMENDMENT (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) BILL ........ 623 (Serial 11) ................................................................................................................................................ 623 JUSTICE AND OTHER LEGISLATION AMENDMENT (AUSTRALIAN CRIME COMMISSION) BILL ....... 625 (Serial 12) ................................................................................................................................................ 625 LIQUOR AMENDMENT BILL ...................................................................................................................... 627 (Serial 13) ................................................................................................................................................ 627 SUSPENSION OF STANDING ORDERS ................................................................................................... 628 Pass Bill through All Stages – Liquor Act Amendment Bill (Serial 13) .................................................... 628 MOTION ...................................................................................................................................................... 634 Establishment of an Inquiry into Options for Political Reform .................................................................. 634 PETITIONS ................................................................................................................................................. 644 Petition No 5 – Home Improvement Scheme Reinstatement .................................................................. 644 Petition No 6 – Home Improvement Scheme Reopening ........................................................................ 645 DISTINGUISHED VISITOR ......................................................................................................................... 645 Jodeen Carney ........................................................................................................................................ 645 MOTION ...................................................................................................................................................... 645 Long-Term Management of the Shoal Bay Coastline .............................................................................. 645 MOTION ...................................................................................................................................................... 657 Home Improvement Scheme ................................................................................................................... 657 MOTION ...................................................................................................................................................... 676 Government Employee Housing .............................................................................................................. 676 ADJOURNMENT ......................................................................................................................................... 682 DEBATES – Wednesday 30 November 2016 Madam Speaker Purick took the Chair at 10 am. VISITORS Nightcliff Middle School Madam SPEAKER: Honourable members, I advise of the presence in the gallery of two Year 8 classes from Nightcliff Middle School, accompanied by their teachers, Anthony Brereton, Hannah Motter, Chip Mohammed, Martin Tumuls and Terry Collins. On behalf of honourable members, welcome to Parliament House. I hope you enjoy your time here. Members: Hear, hear! JUSTICE LEGISLATION AMENDMENT (BODY-WORN VIDEO AND DOMESTIC VIOLENCE EVIDENCE) BILL (Serial 10) Bill presented and read a first time. Ms FYLES (Attorney-General and Justice): Madam Speaker, before I start my speech, as local member I would like to acknowledge the fabulous Nightcliff Middle School. I look forward to catching up with them a little later this morning. Welcome to Parliament House. Madam Speaker, I move that the bill be now read a second time. On 21 September 2016 the Northern Territory Coroner, His Honour Judge Greg Cavanagh, handed down his findings in the inquest into the deaths of two women, Ms Murphy and Ms McCormack. Both women suffered years of domestic violence before their deaths. Police were called to 45 domestic violence incidents involving Ms Murphy and her partner between 2003 and her murder in 2014. They were called to 32 incidents involving Ms McCormack and her partner between 2003 and her death in 2015. Domestic and family violence is a shocking violation of trust. In 2015 there were 2846 victims of assault per 100 000 residents in the Northern Territory, compared to a national average of 811. Almost 60% of assaults are attributable to family violence. Aboriginal women in the Northern Territory are 40 times more likely to be hospitalised as a result of violent assaults, mostly committed by their partner and involving alcohol, than non-Aboriginal women. The Labor government acknowledges that domestic and family violence is one of the biggest challenges to the wellbeing and safety of Territorians, and that a holistic and integrated approach to reduction and prevention is required. The government is committed to increasing the safety of Territorians and holding perpetrators of domestic and family violence accountable for their actions. The government has committed $6m towards building a new Alice Springs Women’s Shelter to support women and children who need to leave their homes and has also committed to establishing a remote women’s safe house in Galiwinku. We are consulting on specialised justice responses and supporting grassroots campaigns, such as Charlie King’s No More campaign. That is something you, Madam Speaker, and every member of this parliament supported yesterday. There are many threads feeding into the government’s response to domestic and family violence. Underlying them all is the recognition that we need to break the silence, stand up and say no to domestic violence. 619 DEBATES – Wednesday 30 November 2016 We need to empower those who are victims of domestic violence and hold the perpetrators accountable. The justice system has its part to play. We can improve procedures. We can improve outcomes. In the inquest into the deaths of Ms Murphy and Ms McCormack the coroner made recommendations about how the justice system can be improved in dealing with domestic and family violence. The Justice Legislation Amendment (Body-worn Video and Domestic Violence Evidence) Bill 2016 directly responds to the first of those recommendations. The coroner recommended, at paragraph 266 of his findings: … that Police continue to pursue the use of body worn cameras and a change to the legislation so as to allow those matters captured on camera to be used as evidence-in-chief. This recommendation and the bill I introduce to the Legislative Assembly today cover two separate but related issues. One is the use of body-worn cameras, commonly referred to as body-worn video, to gather evidence in domestic violence and other situations, capturing the police officer’s observations at the scene. The second is the admission of an audiovisual recorded statement, made using that body-worn video as the evidence-in-chief of complainants in proceedings in domestic violence offences. NT Police have been trialling the use of body-worn video since late 2014 and have recently ordered 820 devices to roll out their use throughout the Northern Territory. Body-worn video operates essentially as a modern day equivalent of the police notebook, recording a contemporaneous account of police observations and events while on operational duties. It can be used to record incidents taking place on Mitchell Street on a Saturday night and, equally, it can record what police observe when they attend a private premises in response to a domestic violence incident. Body-worn video devices are not only able to be used to record evidence to set the scene but also, if the police detach them from their uniform shirts and place them on a stable surface, to make a high-quality recording of an interview with a person. It is proposed that NT Police will use body-worn video devices to make recorded statements with complainants in domestic violence offence matters. Police will be able to obtain their recorded statement immediately or very soon after an incident rather than making an arrangement for the complainant to attend later at a police station. The Justice Legislation Amendment (Body-worn Video and Domestic Violence Evidence) Bill establishes the necessary legislative framework for police to effectively use the technology of body-worn video devices to obtain evidence and facilitate the admission of recorded statements of complainants in domestic violence
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