EVIDENCE ACT REVIEW

13/09/2011

The Hon. K.L. VINCENT (15:34): I seek leave to make an explanation before asking the minister representing the Attorney-General a question regarding the Evidence Act and people with severe disabilities.

Leave granted.

The Hon. K.L. VINCENT: In June of last year, public revelations by the Health and Community Complaints Commissioner, Leena Sudano, revealed significant concerns about limitations of the Evidence Act when hearing evidence in court from children and people with severe disabilities. Several cases have been brought to our attention which identified this barrier to justice in the current incarnation of this act.

In The Advertiser on 30 June this year the A-G pledged to release within two months new draft laws on part 34CA of the Evidence Act. In fact, in the same article he said he was hopeful of having a draft bill done within a month or so. Meanwhile, I have requested an urgent meeting with the Attorney-General on this matter without success. More than three months have passed and we are yet to see any draft amendments from the Attorney-General on the Evidence Act. Meanwhile, my office continues to be contacted by several constituents who still hit this barrier to justice. My questions to the Attorney-General are:

  1. Why will he not meet with me on this matter?
  2. After identifying these limitations to the Evidence Act, why has he not produced a draft bill after 3½ months?
  3. When will he release a draft bill on this critical issue?
  4. Will he also implement better training for police on disability issues?