Queensland Bills Explanatory Notes

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CRIMINAL JUSTICE LEGISLATION AMENDMENT BILL 1996

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                   Criminal Justice Legislation Amendment


    CRIMINAL JUSTICE LEGISLATION
        AMENDMENT BILL 1996


                  EXPLANATORY NOTES


GENERAL OUTLINE

Objectives of the Legislation
  The objectives of the Bill are:
     ·    To ensure that Commissions of Inquiry established under the
          Commissions of Inquiry Act 1950 have access to information and
          documents held by the Criminal Justice Commission and by its
          officers; and
     ·    To provide that the Criminal Justice Commission and its officers
          are compellable to give evidence to such a Commission of
          Inquiry.


Reasons for the objectives and how they will be achieved
   The Government received advice from the Solicitor-General to the effect
that, in setting up a Commission of Inquiry under the Commissions of
Inquiry Act 1950, specific legislation would be necessary to ensure that such
a Commission of Inquiry would possess the power to obtain information
held by the Criminal Justice Commission and to compel the Criminal
Justice Commission and its officers to give evidence to the Commission of
Inquiry.
  This legislation implements the recommendations proposed by the
Solicitor-General in this context and by senior counsel appointed to assist
the Commission of Inquiry into the Criminal Justice Commission.
 
 
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                    Criminal Justice Legislation Amendment

Administrative cost to Government of implementation
   In themselves, these amendments do not represent any specific
expenditure on the part of Government. They are merely designed to
facilitate the appearance of the Criminal Justice Commission and its officers
before a Commission of Inquiry held under the provisions of the
Commissions of Inquiry Act 1950.


Fundamental legislative principles
  The Bill is consistent with fundamental legislative principles.


Consultation
   As indicated above, these amendments are based upon specific advice
received from the Solicitor-General and from senior counsel appointed to
assist the Commission of Inquiry into the Criminal Justice Commission.



                     NOTES ON PROVISIONS

  Clause 1 sets out the short title of the Bill.
  Clause 2 provides for the amendment of the Criminal Justice Act 1989
by Part 2 of this Bill.
  Clause 3 inserts new ss.132A and 132B into the Criminal Justice Act
1989.
   Section 132A is designed to ensure that the Criminal Justice
Commission itself and all present and former commissioners, staff and
other persons engaged by the Commission are amenable to summonses
issued, and requirements made, under s.5 of the Commissions of Inquiry
Act 1950, thus confirming they are compellable to give evidence to a
Commission of Inquiry. Further, this provision allows information to be
given in such evidence, the disclosure of which would otherwise not be
permitted under the Criminal Justice Act 1989 or would be in breach of it.
  Section 132B absolves persons of liability for assisting the Commission
of Inquiry into the CJC and, further, imposes certain confidentiality
requirements on the Commission of Inquiry.
 
 
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                  Criminal Justice Legislation Amendment

  Clause 4 provides for the amendment of the Commissions of Inquiry
Act 1950 by Part 3 of this Bill.
   Clause 5 amends s.5 of the Commissions of Inquiry Act 1950 to facilitate
the provision of information to the Commission of Inquiry, particularly
outside the hearings of the Commission.




                         © The State of Queensland 1996

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