HISTORICAL HOMOSEXUAL CONVICTIONS EXPUNGEMENT BILL 2017 - Committee

The Deputy Chair of Committees (Hon Adele Farina) in the chair; Hon Sue Ellery (Leader of the House) in charge of the bill.

Clause 1 put and passed.

Clause 2: Commencement —

[Speeches and comments from various members]

Clause put and passed. Clause 3: Terms used —

[Speeches and comments from various members]

Clause put and passed.
Clause 4 put and passed.
Clause 5: Application for convictions for historical homosexual offences to be expunged —

[Speeches and comments from various members]

Hon ALISON XAMON: I rise to indicate that the Greens will not be supporting the series of amendments that seek to change the way that decisions are ultimately made, proposing that they be made by the minister rather than the CEO. The reason is that I am concerned that by changing the role of the decision-making to the minister, we would effectively politicise any individual decision-making around expungement. The difference between parole processes and the process we are talking about here is that we will have, effectively, through the passage of this legislation if it is passed, made a decision that we recognise that the convictions of the past were wrong and need to be removed. As such, we are looking at a mere administrative function. It should not be a political decision or have a political element. I am also really concerned at how onerous the process would then be. Some people who are looking to have their historical convictions expunged are aged in their 80s. They need to be able to undertake this process simply and in a fairly straightforward manner. I remind members that a review process is already in place through the State Administrative Tribunal. The entire process is intended to be apolitical in nature, perfunctory and administrative. As such, in order to maintain the integrity of what we are trying to achieve, it is really important that we keep the entire process at that level.

[Speeches and comments from various members]

Progress reported and leave granted to sit again, pursuant to standing orders.

 

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