Keith Pitt (Hinkler, National Party) Share this | Hansard source

I thank the opposition for their support. These government amendments will amend schedule 2 of the Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2017, which concerns the existing custody notification obligation in the Commonwealth Crimes Act. The custody notification obligation applies to investigating officials when they have arrested and detained an Aboriginal or Torres Strait Islander for the purpose of questioning them about an offence. The bill as originally introduced would have amended subsection 23H(1) of the Commonwealth Crimes Act to require investigating officials to take reasonable steps to notify an Aboriginal legal assistance organisation in these circumstances. The government's intention with the bill in its original form was to clarify what was required of investigating officials to discharge the obligation.

The Senate Legal and Constitutional Affairs Legislation Committee has considered the bill and recommended that the term 'reasonable steps' be further explained in the explanatory materials. After careful consideration, the government has decided to move amendments to remove the term entirely. The amendments will still make clear that investigating officials must notify an Aboriginal legal assistance organisation before commencing questioning. I thank the committee and the important community stakeholders for their consideration of the bill in detail.

Question agreed to.

Bill, as amended, agreed to.

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