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| Madam Speaker, I now move that the bill be read a second time. Most honourable members will be familiar with this bill which is consequential to the Evidence (National Uniform Legislation) Act 2011 which I will call the Uniform Act. The reforms contained in the Uniform Act bring the Northern Territory into line with the Uniform Evidence Law which has been adopted by the Commonwealth, the ACT, New South Wales, Victoria, Tasmania and Norfolk Island. Those reforms were supported by the government when it was in opposition. The content of this bill is identical to the lapsed bill of a similar name introduced by the then government into this Assembly in March 2012. While the government of the day announced that the bill would be debated to enable passage prior to a proposed commencement date of 1 September 2012, it was unable to include the third reading of this bill in its legislative programme prior to the dissolution of the Assembly. The incoming government has determined its position on the lapsed bill and, as my remarks indicate and indicated at the time, we are happy to adopt this measure and ensure its enactment to enable the Uniform Act to commence. The government proposes that the uniform legislation will commence on 1 January 2013 and to ensure this is so, proposes that the bill be passed on urgency at these sittings. The bill contains no policy amendment beyond those contained in the Uniform Act. The bill has been public policy and has been publicly available since March 2012. Additionally, as a matter of courtesy, I have written to the Leader of the Opposition and the member for Nelson to inform them of the government’s intention in this regard. I turn now to the main provisions of the bill. The transitional provisions are contained in Part 2 of the bill. They add a new Chapter 6 to the Uniform Act. Subject to the most minor drafting differences these provisions are uniform across the jurisdictions that have adopted the Uniform Evidence Law. The transitional provisions will provide that Uniform Evidence Act applies to any proceedings commenced after the commencement day. In the case of a proceeding that began before the commencement day the Uniform Act applies to that part of the proceeding that takes place after the commencement day, other than any hearing that began before the commencement date. For these hearings the old evidence act continues to apply to the hearing until it is completed. Part 3 of the bill makes the necessary repeals and consequential amendments to the current Evidence Act. The explanatory statement explains in considerable detail which sections of the current act have been repealed and which sections of the Uniform Act replace them. Part 4 of the bill moves section 39 of the current Evidence Act to the Administration and Probate Act where it better belongs. That section goes beyond the general law of evidence and provides that once a court has granted probate or letters of administration, the fact of grant is evidence of the due execution of the Will itself. Part 5 deals with technical amendments to various Northern Territory Acts. The then minister for Justice, in introducing the lapsed bill, drew attention to one particular matter. In this regard I also propose to mention this area - that being the law concerning sexual offences - as it is important that this matter, which is not directly touched on by the bill, should be noted on the public record. All states and territories have laws which deal with evidence in criminal proceedings where someone is charged with a sexual offence. These laws regulate the examination of witnesses and the admission of their evidence of their sexual history. In the Northern Territory the Sexual Offences (Evidence and Procedure) Act
(b) prevents the use of sexual history evidence to establish the complainant is the ‘type’ of person who is more likely to consent to sexual activity except with the leave of the court and if the court is satisfied that the evidence has substantial relevance to the facts and issue; and (c) excludes the use of a complainant’s sexual history as an indicator of the complainant’s truthfulness. This act does not affect the operation of provisions of any other act. The uniform act does not make admissible evidence that is inadmissible because of the Northern Territory sexual offences law. Previously, even if evidence was permitted under the sexual offences law, it may still have been inadmissible under the common law. Now, such evidence may be inadmissible under the common law or under the uniform act, or its admission may be regulated by the uniform act. It is still possible to find common law rules excluding evidence because the uniform act is not a code. Madam Speaker, I commend the bill to honourable members and table a copy of the explanatory statement. Debate adjourned. |