Rights for Victims of Insane Offenders Bill

Members, we now come to the committee stage of the Rights for Victims of Insane Offenders Bill. This bill will be read in parts. We come first to Part 1, the debate on clauses 3 to 7B and Schedule 1, Amendments to the Criminal Procedure (Mentally Impaired Persons) Act 2003. The question is that Part 1 stand part.

Thank you, Madam Chair. I would like to just make some initial comments in the committee of the whole House stage on this particular piece of legislation, which is the Rights for Victims of Insane Offenders Bill, which covers a number of pieces of legislation.

But I want to just start by making the comment about the intent behind this member’s bill that continued work that was undertaken by the National Government, continued by the Labour Government, to victims at the heart of our justice system, and to solve some issues where there were significant inconsistencies where there were victims involved in an act that was undertaken by a person that was found to be insane at the time.

And so there were three significant policy intents when the member’s bill was drafted and presented and passed unanimously in the first reading. The first was to rename the verdict of “not guilty on account of insanity” so that victims and their families did not have to hear the words “not guilty”. So the changes were proposed to: the acts or omissions are proven but the defendant is not criminally responsible on account of insanity. I want to just put on record my significant thanks to the Justice Committee for the incredible work that was done in the select committee to the extent that we sought an extension to the report back of the legislation, to make sure that we could give absolute due diligence to the challenges that getting the wording exactly right presented. So we landed with a similar phrase, and the simplified language that was defined in the bill as “proven but insane”.

The second was providing equivalence of rights between those in the justice system and those in the health system, because if someone is found to be insane, they are then treated as a special patient. It was important that we found a way for victims to have a voice and to make the equivalent of a victim impact statement that they would have the opportunity to do in the justice system.

The third part was the process of considering leave, and that is a process that occurs mostly with the Director of Mental Health and, in some cases, the Minister, and, again, making sure that victims have the ability, if they choose, to have their voice recognised. So those are the three policy intents. I have to say that I have incredible admiration for the process in which this Parliament has worked across the House to ensure that we honoured the victims in this process.

There is a Supplementary Order Paper (SOP) that has been tabled that I have consulted on with parties around the House, and I am confident that that is supported. But I do want to say that, in order for this cooperation across the House to continue, there is some further work that needs to be done. The chair of the select committee, Ginny Andersen, deserves our praise for the way in which she has conducted the select committee with this piece of legislation, in navigating what was a very complex range of issues, and doing it incredibly well. My thanks also to Minister Andrew Little, who, when we started this process, was the Minister of Justice, and now, of course, is the Minister of Health, so he understands this issue from both sides.

Unfortunately, though, at the eleventh-hour, some issues have been raised—and they are at the eleventh-hour, and I was made aware of them late last night. Because of the manner in which this bill has progressed to date, has been with cross-party support, it is important that we take the time to consider the issues and to consider if further changes are required by way of an SOP.

So I want to reassure the committee that I will continue to work openly with all parties and with officials to ensure that we end up with a piece of legislation that is durable and honours the victims and solves the problems that we have all agreed need to be fixed. So we do need a little more time. We need to consider the issues that have been raised, and to do that with the support and assistance of the officials. I’m pleased to put on record that the Government Ministers that I’ve spoken with—the Attorney-General and the Hon Andrew Little—have confirmed the support for this next part of the process.

I move, That the committee report progress.

Motion agreed to.

House resumed.

Bill to be reported with progress.