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Thursday, 24 March 1994
Page: 2289


Senator BOLKUS (Minister for Immigration and Ethnic Affairs and Minister Assisting the Prime Minister for Multicultural Affairs) (8.49 p.m.) —By way of amendment to the Democrats' amendment No. 26, I move:

  At end of amendment add: Clause 4, page 27, proposed subsection 3ZK(7), lines 17 to 20, omit the subsection, substitute the following subsection:

  "(7) The following questions are to be decided according to the common law:

(a)whether or not evidence of a suspect having refused to take part in an identification parade is admissible;

(b)if evidence of such a refusal is admissible, what inferences (if any) may be drawn by a court or jury from the refusal;

(c)whether, after such a refusal, evidence of alternative methods of identification is admissible.".

This relates to the common law aspect discussed at the opening of the debate.

  Amendment agreed to.

  Amendments (by Senator Bolkus)—by leave—agreed to:

(6)Clause 4, page 25, proposed paragraph 3ZK (3)(c), lines 28 to 30, omit the paragraph, substitute the following paragraph:

    "(c)in addition to any requirement under section 3ZKA, a legal representative or other person of the suspect's choice may be present while the person is deciding whether to take part in the parade, and during the holding of the parade, if arrangements for that person to be present can be made within a reasonable time.".

Clause 4, page 27, proposed subsection 3ZK(7), lines 17 to 20, omit the subsection, substitute the following subsection:

  "`(7) The following questions are to be decided according to the common law:

(a)whether or not evidence of a suspect having refused to take part in an identification parade is admissible;

(b)if evidence of such a refusal is admissible, what inferences (if any) may be drawn by a court or jury from the refusal;

(c)whether, after such a refusal, evidence of alternative methods of identification is admissible.".

(7)Clause 4, page 27, after proposed section 3ZK, insert the following section:

  Identification parades for suspects under 18 etc.

  "`3ZKA.(1) An identification parade must not be held for a suspect who is under 10.

  `(2) An identification parade must not be held for a suspect who is incapable of managing his or her affairs unless a court orders that it be held.

  `(3) An identification parade must not be held for a suspect who:

    (a)is at least 10 but under 18; and

    (b)is capable of managing his or her affairs;

unless one of the following paragraphs applies:

    (c)the suspect agrees to or requests in writing the holding of the parade and a parent or guardian of the suspect agrees in writing to the holding of the parade or, if the parent or guardian is not acceptable to the suspect, another person (other than a constable) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect agrees in writing to the holding of the parade;

    (d)if:

      (i)one of those persons agrees in writing to the holding of the parade but the other does not; and

      (ii)a court orders that the parade be held.

  `(4) In deciding whether to make such an order, the court must have regard to:

    (a)the seriousness of the offence; and

    (b)the age or any disability of the person; and

    (c)such other matters as the court thinks fit.

  `(5) An identification parade for a suspect who is under 18 or is incapable of managing his or her affairs must be held in the presence of:

    (a)a parent or guardian of the suspect; or

    (b)if the parent or guardian is not acceptable to the suspect, another person (other than a constable) who is capable of representing the interests of the suspect and who, as far as is practicable in the circumstances, is acceptable to the suspect.".