Alert Digest No. 7 of 1996

Alert Digest No. 7 of 1996
Part 2

10.1

This Bill was introduced into the Legislative Assembly on 16 October 1996 by the Honourable Dr Dennis Napthine MP with the Honourable Jan Wade MP.

10.2

The purposes of the Bill are: -

* to protect the public by providing for the registration of chiropractors and investigations into the professional conduct and fitness to practise of registered chiropractors; and

* to regulate the advertising of chiropractic services;

* to establish the Chiropractors Registration Board of Victoria and the Chiropractors Registration Board Fund of Victoria; and

* to repeal the Chiropractors and Osteopaths Act 1978; and

* to make consequential amendments to other Acts; and

* to provide for other related matters.

10.3 Part 2 - Registration

Part 3 - Investigations into Registered Chiropractors

Division 1 of Part 2 governs the procedure for obtaining registration. There is a right of review of any decisions made by the Board in the Administrative Appeals Tribunal, as provided for in Part 4. The Committee notes there is a typographical error in clause 5. "Subsantially" should be spelt "substantially". Division 2 of Part 2 establishes a Register of chiropractors. Part 3 provides for investigations which may be made into registered chiropractors. There are both informal and formal hearings. Informal hearings are closed to the public and the chiropractor may not be represented by another person. However, if a formal hearing is requested, that request must be complied with and the matter must be sent for a formal hearing. A formal hearing is held in public and the chiropractor may be represented. Any findings made at an informal hearing may be reviewed at a formal hearing if the chiropractor so requests. Clause 29 provides for reports of examinations. Pursuant to sub-section (4), an investigator may decide not to give a report to the chiropractor being investigated. The investigator may decide to give the report to another chiropractor nominated by the chiropractor being investigated. The Committee has written to the Minister requesting advice as to the circumstances under which it is envisaged an investigator will give a report to a chiropractor nominated by the chiropractor being investigated.

10.4 Part 4 - Review by Administrative Appeals Tribunal
Part 5 - Offences, Part 6 - Administration
Part 7 - Reporting and financial provisions
Part 8 - Enforcement and supplementary powers
Part 9 - Regulations, Part 10 - Saving and transitional

Clause 56 in Part 4 provides for review of a decision made by the Board or any finding or determination made at a formal hearing in the Administrative Appeals Tribunal. Clauses 58 to 60 set out various offences. Part 6 deals with administrative matters. Clause 61 establishes the Chiropractors Registration Board of Victoria. Part 7 deals with reporting and financial matters. Clause 77 establishes the Chiropractors Registration Board Fund. Clause 82 enables a person appointed by the Board to apply to a magistrate for a search warrant where there is a reasonable belief as to a contravention of the Act. Clause 88 is the regulation making provision.

10.5 Variation or alteration of section 85 of the Constitution Act 1975 (section 4D(b)(i) and (ii) of the Parliamentary Committees Act 1968)

Clause 87 declares its intention to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing before the Supreme Court of actions of the kind referred to in clause 53. Clause 53 provides that no action for defamation lies against the Board or its members for giving a notice in respect of any determinations made by it. The Committee notes the comments in the Second Reading Speech:-

"It is the intention of clause 87 to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing before the Supreme Court of actions of the kind referred to in clause 53 of this Bill.

Clause 53(3) of the Bill operates to alter or vary section 85 of the Constitution Act 1975 by providing that no action for defamation lies against the Board or its members for giving a notice under clause 53(1).

Clause 53(1) requires the Board to notify any determination to impose conditions, limitations or restrictions on the practice of a chiropractor, suspend or cancel the registration of a chiropractor

* in the Government Gazette;

* to registration authorities in other states and territories and in New Zealand;

* to the Health Services Commissioner;

* to the employer of the chiropractor where that chiropractor is an employee;

* to a chiropractic registration authority outside Australia if the Board has received a request for information about the chiropractor from that authority.

The purposes of the Act will not be fulfilled if chiropractors whose practise has been restricted or who have been suspended or deregistered can continue to practise either in Victoria or elsewhere because notice of the Board's action has not been communicated to the relevant authorities. This provision is essential to ensure that the Board and its members can communicate vital information to the relevant authorities without threat of civil action for defamation against them."

The Committee is of the view that the proposed section 85 provisions are appropriate and desirable in all the circumstances.

OSTEOPATHS REGISTRATION BILL

11.1

This Bill was introduced into the Legislative Assembly on 16 October 1996 by the Honourable Dr Dennis Napthine MP with the Honourable Jan Wade MP.

11.2

The purposes of the Bill are:-

to protect the public by providing for the registration of osteopaths and investigations into the professional conduct and fitness to practise of registered osteopaths; and
to regulate the advertising of osteopathic services; and
to establish the Osteopaths Registration Board of Victoria and the Osteopaths Registration Board Fund of Victoria; and
to make consequential amendments to various Acts; and
to provide for other related matters.

11.3 Part 2 - Procedure for obtaining registration

Division 1 of Part 2 governs the procedure for obtaining registration. There is a right of review of any decisions made by the Board in the Administrative Appeals Tribunal, as provided for in Part 4. Division 2 of Part 2 establishes a Register of osteopaths. Part 3 provides for investigations which may be made into registered osteopaths. There are both informal and formal hearings. Informal hearings are closed to the public and the osteopath may not be represented by another person.

However, if a formal hearing is requested, that request must be complied with and the matter must be sent for a formal hearing. A formal hearing is held in public and the osteopath may be represented. Any findings made at an informal hearing may be reviewed at a formal hearing if the osteopath so requests. Clause 29 provides for reports of examinations. Pursuant to sub-section (4), an investigator may decide not to give a report to the osteopath being investigated. The investigator may decide to give the report to another osteopath nominated by the osteopath being investigated. The Committee has written to the Minister requesting advice as to the circumstances under which it is envisaged an investigator will give a report to an osteopath nominated by the osteopath being investigated.

11.4 Part 4 - Review by Administrative Appeals Tribunal
Part 5 - Offences, Part 6 - Administration
Part 7 - Reporting and financial provisions
Part 8 - Enforcement and supplementary powers
Part 9 - Regulations, Part 10 - Saving and transitional

Clause 56 in Part 4 provides for review of a decision made by the Board or any finding or determination made at a formal hearing in the Administrative Appeals Tribunal. Clauses 58 to 60 set out various offences. Part 6 deals with administrative matters. Clause 61 establishes the Osteopaths Registration Board of Victoria. Part 7 deals with reporting and financial matters. Clause 77 establishes the Osteopaths Registration Board Fund. Clause 82 enables a person appointed by the Board to apply to a magistrate for a search warrant where there is a reasonable belief as to a contravention of the Act. Clause 88 is the regulation making provision.

11.5 Variation or alteration of section 85 of the Constitution Act 1975 (section 4D(b)(i) and (ii) of the Parliamentary Committees Act 1968)

"It is the intention of clause 87 to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the bringing before the Supreme Court of actions of the kind referred to in clause 53 of this Bill.

Clause 53(3) of the Bill operates to alter or vary section 85 of the Constitution Act 1975 by providing that no action for defamation lies against the Board or its members for giving a notice under clause 53(1).

Clause 53(1) requires the Board to notify any determination to impose conditions, limitations or restrictions on the practice of an osteopath, suspend or cancel the registration of an osteopath.

* in the Government Gazette;

* to registration authorities in other states and territories and in New Zealand;

* to the Health Services Commissioner;

* to the employer of the osteopath where that osteopath is an employee;

* to an osteopathic registration authority outside Australia if the Board has received a request for information about the osteopath from that authority.

The purposes of the Act will not be fulfilled if osteopaths whose practise has been restricted or who have been suspended or deregistered can continue to practise either in Victoria or elsewhere because notice of the Board's action has not been communicated to the relevant authorities. This provision is essential to ensure that the Board and its members can communicate vital information to the relevant authorities without threat of civil action for defamation against them."

The Committee is of the view that the proposed section 85 provisions are appropriate and desirable in all the circumstances.

HEALTH ACTS (FURTHER AMENDMENT) BILL

12.1

This Bill was introduced into the Legislative Assembly on 16 October 1996 by the Honourable Dr Dennis Napthine MP with the Honourable Phil Gude MP.

12.2

The purposes of the Bill are to amend:-

the Cancer Act 1958;
the Drugs, Poisons and Controlled Substances Act 1981;
the Pharmacists Act 1974;
the Cemetaries Act 1958;
the Health Services Act 1988;
the Mental Health Act 1986.

12.3 Part 2 - Cancer Act 1958
Part 3 - Drugs, Poisons and Controlled Substances Act 1981
Part 4 - Pharmacists Act 1974, Part 5 - Cemetaries Act 1958

Clause 2 is the commencement provision. The Committee notes the retrospectivity in subclause (2). The amendment set out in Part 5 is of a statute law revision nature. Part 2 makes minor amendments to the Cancer Act 1958. Clause 10 amends the Drugs, Poisons and Controlled Substances Act 1981 to enable the Minister to amend the Poisons Code. Clause 13 establishes a new Poisons Advisory Committee. Clause 16 allows a friendly society dispensary to call itself a "pharmacy" within the meaning of the Pharmacists Act 1974.

12.4 Part 6 - Health Services Act 1988

Clause 19 amends the definitions of "designated public hospital" and "private hospital" to include hospitals which are the subject of public hospital patient services agreements (which are called `privately-operated' hospitals). Clause 26 amends section 34 to entitle a member of a board of a public hospital to be paid remuneration. The Committee notes the comments in the Second Reading Speech:-

"The first of these (amendments) will enable the members of a board of a non-metropolitan public hospital, other than a board member who is a member of the Legislative Council or Legislative Assembly, to be paid for holding that office if so specified in the instrument of appointment. I would take this opportunity to make clear to the House that there is no intent to pay board members of all public hospitals.

However, the insertion in the Health Services Act of a discretionary power will enable members of boards of non-metropolitan hospitals facing key strategic issues, such as base hospitals merging with other facilities, to be appropriately remunerated in a similar way to members of the boards of the new health care networks. The inclusion of a discretionary power to remunerate these board members will enable the Government to recognise board members' skills and expertise in developing an effective and efficient hospital service for the Victorian community."

Clause 27 inserts a new Division 7 into the Act which governs transitional management agreements in respect of hospitals. This gives the Minister the power to enter into agreements in relation to public hospitals, a right of intervention in the management of a hospital etc. Clause 28 inserts a new Part 3A into the Act which governs public hospital patient services agreements.

New section 69E provides that a contractor or sub-contractor must give the Minister, the Chief General Manager and any authorised officer access to the hospital and to all the documents in the possession of the contractor or sub-contractor relating to the provision of health services to public hospital patients at the hospital for the purpose of ensuring compliance with the Act or regulations. The new provisions are subject to the Freedom of Information Act 1982 and the Ombudsman Act 1973. The Committee has written to the Minister seeking clarification of the mechanisms in place to protect patients' confidentiality and interests.

12.5 Variation of section 85 of the Constitution Act 1975 (section 4D(b)(i) and (ii) of the Parliamentary Committees Act 1968

Clause 35 inserts new section 157D which declares the intention of section 69D(4) to alter or vary section 85 of the Constitution Act 1975. New section 69D provides that no compensation is payable by the Crown in respect of the transfer of land to the Minister or the Crown in accordance with an agreement under section 69B(1). The Committee notes the comments in the Second Reading Speech:-

"Clause 35 proposes to insert a new section 175E into the Health Services Act that is intended to alter or vary section 85 of the Constitution Act to the extent necessary to prevent the Supreme Court from entertaining actions for compensation in respect of matters over which section 69D provides that no compensation is payable.

Section 69D provides that no compensation is payable where land is transferred to the Minister or the Crown pursuant to an agreement entered into between a contractor and the Minister except to the extent that the agreement provides for compensation.

The reason for preventing the entertaining of these proceedings is to enable a clear and unencumbered transfer of land to the Minister or the Crown free of all pre-existing interests and rights in the land and all claims for compensation based on them, other than claims under the agreement."

The Committee is of the view that the provision is appropriate and desirable. However, the Committee has written to the Minister seeking advice as to ways in which unregistered interests may be protected.

BIRTHS, DEATHS AND MARRIAGES REGISTRATION BILL

13.1

This Bill was introduced into the Legislative Assembly on 16 October 1996 by the Honourable Jan Wade MP with the Honourable Bill McGrath MP.

13.2

The main purpose of the Bill is to provide for the registration of births, deaths, marriages and changes of name in Victoria. It also repeals the Registration of Births, Deaths and Marriages Act 1959.

13.3 Part 2 - Administration
Part 3 - Registration of Births, Part 4 - Change of name
Part 5 - Registration of Marriages, Part 6 - Registration of deaths
Part 7 - The Register, Part 10 - Transitional provisions

Clauses 5 to 11 provide for the Registrar and associated functions. Clauses 12 to 19 relate to the registration of births. Clauses 20 to 23 relate to the naming of the child. Clauses 24 to 30 provide for a change of name. Part 5 governs registration of marriages. Part 6 governs registration of deaths. Part 7 provides for the keeping of the register. Any decision made by the Registrar is reviewable in the Administrative Appeals Tribunal pursuant to Part 8. Part 9 contains miscellaneous provisions. Clause 59 is the regulation making provision. Part 10 repeals various provisions and makes minor amendments to other Acts.

The Committee makes no further comment.

ELECTRICITY INDUSTRY (FURTHER AMENDMENT) BILL

14.1

This Bill was introduced into the Legislative Assembly on 16 October 1996 by the Honourable Alan Stockdale MP with the Honourable Phil Gude MP.

14.2

The purpose of the Bill is to make further provision in relation to the rules relating to the operation of the electricity supply industry. It makes miscellaneous amendments to the Electricity Industry Act 1993, the State Electricity Commission Act 1958 and other Acts.

14.3 Part 2 - Electricity Industry Act 1993

Part 2 makes various amendments to the Electricity Industry Act 1993. Clause 5 inserts new section 44A which authorises PowerNet Victoria to carry telecommunications cables in conjunction with its electricity transmission cables. Clause 9 provides that the Office of the Regulator-General need not be satisfied as to the condition for the grant of a generation or distribution licence contained in section 162(2) of the Act, if having regard to the proposed conditions of the licence, the Minister so approves at the request of the Office. Clause 14 inserts new section 171AA which makes provision for partnerships and unincorporated joint ventures. Clause 16 amends section 173(4) to extend the application of the provision.

14.4 Part 3 - Amendment of other Acts

Part 3 makes various amendments to other Acts. Clause 22 inserts new section 137AD into the Land Act 1958 which exempts a lease of Crown land and a lease of land granted to a generation company from the operation of various provisions in the Transfer of Land Act 1958. Clause 24 provides that the Minister may enter into an agreement with a generation company. Clauses 26 to 34 make provision for the leasing of reserved land if the Minister is satisfied of various matters.

The Committee makes no further comment.

MISCELLANEOUS ACTS (FURTHER OMNIBUS AMENDMENTS) BILL

15.1

This Bill was introduced into the Legislative Assembly on 16 October 1996 by the Honourable Jan Wade MP with the Honourable Phil Gude MP.

15.2

The purpose of the Bill is to make a number of amendments to various Acts.

15.3 Part 1 - Preliminary
Part 2 -Agricultural and Veterinary Chemicals (Control of Use) Act 1992
Part 3 - Associations Incorporation Act 1981
Part 4 - Borrowing and Investment Powers Act 1987
Part 5 - Casino Control Act 1991
Part 6 - Crown Lands Acts (Amendment) Act 1994
Part 7 - Crown Lands (Reserves) Act 1978
Part 8 - Decentralized Industry Incentive Payments Act 1972

Clause 2 is the commencement provision. The Committee notes the retrospectivity imposed by sub-clauses (2)(3) and (4) of clause 2. The Committee notes from the explanatory memorandum that these provisions were either inadvertently repealed or make amendments of a statute law revision nature. Clause 4 inserts new sections 62A and 62B into the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 which provide for the keeping of records and impose secrecy obligations. Clause 6 removes age limits in relation to persons authorised to apply for the incorporation of an association. Clause 10 allows a casino operator to provide chips on credit to a person who is not ordinarily resident in Australia for that person to use while they are participating in a premium player arrangement with the casino operator or a junket.

15.4 Part 9 - Docklands Authority Act 1991
Part 10 - Ethnic Affairs Commission Act 1993
Part 11 - Financial Management Act 1994
Part 12 - Financial Management (Consequential Amendments) Act 1994
Part 13 - Land Conservation Act 1970
Part 14 - Livestock Disease Control Act 1994

Clause 24 amends section 40C of the Financial Management Act 1994 to empower the Treasurer to give an indemnity to a former officer of a State company or statutory authority. Clauses 31 and 32 insert new sections 9A and 9B into the Livestock Disease Control Act 1994 which provide for proper identification of livestock. Clause 47 inserts new sections 107A, 107B and 107C which make provision for the keeping of records and the collection of information. Clause 34 widens the inspector's powers of disposal. Clause 43 inserts new section 94A to ensure that sales records are kept. Clause 47 inserts new sections 107A, 107B and 107C which make further provision for the collection of information, notification and secrecy.

15.5 Part 15 - Lotteries Gaming and Betting Act 1966
Part 16 - Magistrates' Court Act 1989
Part 17 - Melbourne and Olympic Parks Act 1985
Part 18 - Miscellaneous Acts (Health and Justice) Amendment Act 1995
Part 19 - Police Regulation Act 1958
Part 20 - Prostitution Control Act 1994, Part 21 - Racing Act 1958

Clause 51 inserts new section 5AAA into the Lotteries Gaming and Betting Act 1966 which makes provision for Calcutta Sweepstakes. Parts 17 and 18 make minor statute law revision amendments. Clause 65 makes provision for the appointment of an Acting Assistant Commissioner in the Police Regulation Act 1958. Clause 70 inserts new section 21A into the Prostitution Control Act 1994 which makes it an indictable offence to operate a brothel which is not carried on in a building for which there is no planning permit. Clauses 74 to 91 make various amendments to the Racing Act 1958 including substitution of a number of provisions. Clause 79 enables the Minister to issue perpetual permits to clubs to conduct picnic race-meetings registered under the rules of the Victoria Racing Club. Clause 81 makes provision for restricted harness racing meetings. Clause 82 makes provision for point to point steeplechases held by hunt clubs. Clause 83 makes provision for plumpton coursing matches approved in accordance with the rules of the Greyhound Racing Control Board. Clause 84 provides for the issue of greyhound racing permits.

15.6 Part 22 - Stamps Act 1958
Part 23 - Teaching Service Act 1981
Part 24 - The Decentralized Advisory Committee Act 1964
Part 25 - Transport Accident Act 1968
Part 26 - Treasury Corporation of Victoria Act 1992
Part 27 - Victorian Funds Management Corporation Act 1994
Part 28 - Victorian Managed Insurance Authority Act 1996

Clause 93 inserts new section 45(1A) into the Teaching Service Act 1981 which states that an inquiry into an officer's fitness may include matters other than a physical fitness. It may also have regard to conduct occurring before a person became an officer or occurring before the commencement of the Act. The Committee notes the comments in the Second Reading Speech:-

"Part 23 of the Bill amends the Teaching Service Act 1981, so that an inquiry into a teacher's suitability to be employed under that Act may have regard to matters irrespective of when they occurred.

The amendment is being made because there is no power at present under that Act to inquire into the conduct of (and if appropriate take action against) officers in respect of matters that are alleged to have occurred prior to 24 March 1982, which is the commencement date of that Act. This limitation needs correcting as there are current complaints of sexual assault by State school teaches against children, where the facts are alleged to have occurred prior to 24 March 1982. In two matters, criminal charges were laid by police and the teachers were found not guilty. Criminal charges are pending in other matters.

If a teacher is found not guilty of a criminal charge, and in particular where the criminal charge involves an allegation of sexual assault of children, the Department of Education has a duty to ensure that it investigates all matters relating to the teacher's suitability to be placed in charge of children. This duty arises out of its role as an employer of that teacher, as well as being entrusted with the care of children.

For that purpose, the Department of Education reviews the teacher's conduct having regard to the totality of the evidence and the difference in the standard of proof between civil and criminal proceedings. The amendments will enable any Departmental investigation into a teacher's suitability to consider matters occurring at any time, and in particular matters occurring prior to 24 March 1982, as well as matters occurring prior to a teacher being employed by the Department as an officer under the Teaching Service Act 1981.

The Bill implements the changes by amending section 45 of the Teaching Service Act 1981. That section already authorises an inquiry into a teachers `fitness capacity and efficiency' to be an officer of the teaching service. The amendment makes it clear that when conducting such an inquiry, regard may be had to matters irrespective of when they occurred. To remove any doubt and out of an abundance of caution, the amendment also makes it clear that in considering an officer's `fitness', regard may be had to matters other than physical fitness, so that any relevant matter such as a person's conduct and character may be taken into account."

The Committee notes the retrospective effect of the provision. The Committee wishes to record its concern and ensure that the proposed amendment is confined to the matters referred to in the Second Reading Speech. The Committee has written a letter to the Minister seeking confirmation that this is in fact the case.

Clause 100 inserts a new section 9A into the Victorian Funds Management Corporation Act 1994 which empowers the Victorian Funds Management Corporation to have responsibility for the appointment and monitoring of the fund managers and master custodians it engages for clients.

CORRECTIONS (AMENDMENT) BILL

16.1

This Bill was introduced into the Legislative Assembly on 11 September 1996 by the Honourable Bill McGrath MP with the Honourable Phil Gude MP.

16.2

The Committee reported on the Bill in Alert Digest No.5 of 1996 on 8 October 1996. The relevant extract is set out:-

"Clause 3 inserts a new Part 8B into the Corrections Act 1986 which provides for prison industries and prison industry sites. New section 84I establishes a Prison Industry Advisory Committee whose members are appointed by the Minister. The Committee has written a letter to the Minister seeking clarification of the reasons why members are appointed by the Minister rather than by the Governor in Council."

16.3

The Minister responded to the Committee by way of letter dated 10 October 1996. The relevant extract is set out:-

"Thank you for your facsimile dated 7 October 1996 concerning the Corrections (Amendment) Bill.

In relation to the issues you raise I provide the following information.

New section 84I

The new Prison Industry Advisory Committee to be established by this Bill has the functions of advising and making recommendations to the Minister on prison industry matters. The Committee will exercise no executive or determinative power, it will be an advisory body to the Minister and as such it is appropriate that the Minister appoint the members of the Minister's advisory body.

Appointment of members by the Governor in Council is more appropriate for a body which exercises functions in its own right, such as was the case with the former Victorian Prison Industry Commission (VPC). Unlike VPIC the Committee does not manage or carry out functions directly, it will merely advise the Minister."

16.4

The Committee also made the following comment in Alert Digest No.5:-

"Clause 11 inserts new Part 9A which provides for search and seizure by police in gaols. The Committee notes the comments in the Second Reading Speech:-

"Police members perform similar custodial functions to prison officers with persons that are detained in a police gaol. Currently, however, the powers of the police to perform search and seizure function are contained in the Corrections (Police Gaols) Regulations, while the powers exercised by prison officers are contained in the Corrections Act. The Bill provides for the powers of search and seizure in police gaols to be more appropriately brought into the Corrections Act and thereby achieve a consistent approach towards the exercise of these custodial functions by police and prison officers."

New section 104C sets out the search powers. New section 104C, subsection (3) provides that an officer in charge of a police gaol may search or examine a detained person. The Committee has written to the Minister seeking clarification of the operation of new sections 104B and 104C. The Committee has sought information as to the protocols in place to ensure that an individual's liberties are not infringed during any search and examination."

16.5

The Minister responded by way of letter dated 10 October 1996. The relevant extract is set out:-

"New sections 104B and 104C - Search powers in relation to Police Gaols

The current search powers in relation to police gaols are set out in the Corrections (Police Gaols) Regulations 1995. The Bill seeks to elevate those powers, with some amendments to make them more consistent with existing search powers in prisons, to the Corrections Act 1986.

The fundamental objective behind the proposed search powers is to ensure the security and safety of detainees and other persons in police gaols.

All visitors to a police gaol or a prison may be required to undergo a formal search. A formal search is a search to detect the presence of drugs, weapons or metal articles carried out by an electronic or mechanical device.

The Chief Commissioner has instructions in place in relation to searches in a police gaol. Those instructions relate to the current powers under the Corrections (Police Gaols) Regulations 1995 but they will be updated to reflect the provision of search powers in the Bill. The instructions emphasis that the dignity, privacy and rights of individual in search situations are fundamental.

The categories of visiting persons who may be searched in a police gaol is reduced in comparison to the persons who may be searched in a prison. In relation to police gaols the exemption for the searching of visitors has been widened to include a relative or friend of a detained person or any person visiting a detained person who is a child.

Lawyers and religious officials in their capacity as such are not expressly exempt from the search power in either a prison or a police gaol.

If the lawyer or religious official is visiting in the capacity as a relative or friend they would be exempt from the search provision.

The provisions of proposed new section 104 were designed to be consistent with the existing powers of search in prisons. The exemptions in relation to police gaols have been widened however to reflect the special needs of child detainees and to facilitate visits by family and friends to other detainees.

In the absence of adequate search powers for visitors the only secure action police can take where there is a security concern that may otherwise have been alleviated by a search is to not permit a visit.

I trust that the above information assists in your consideration of the Bill."

Committee Room
28 October 1996

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