Question on Notice regarding potential changes to the Criminal Code to allow judges greater discretion in handling multiple charges of child sexual abuse in a single trial, and related consultations and awareness of relevant legal precedents and interstate legislation.

AnsweredQoN 2066Legislative Council
Asked
3 June 2004
Portfolio
Attorney General

QuestionView source ↗

In reference to
The
West Australian
newspaper November 4 2002. The Attorney General was quoted as considering allowing multiple charges involving more than one victim of child sexual abuse to be dealt with at the same trial -
(1) Has the Attorney General examined whether to change the Criminal Code to give judges greater discretion to determine if trials should be split?
(2) If yes, what conclusions have been reached on this issue?
(3) If not, why not?
(4) Has the Attorney General consulted with any victims of child sexual abuse on this issue?
(5) If yes, who and when?
(6) If not, why not?
(7) Is the Attorney General aware of the High Court’s Hoch decision on this matter?
(8) Is the Attorney General aware that both Queensland and Victoria have legislated to abolish the effect of the Hoch case?

AnswerView source ↗

Answered
24 June 2004
Responded by
Minister for Housing and Works representing the Attorney General
Response time
21 days
(1) Yes.
(2) The judiciary should have greater discretion.
(3) Not applicable.
(4) There has been extensive consultation with experts in the field.
(5) Not applicable.
(6) Not applicable.
(7) Yes.
(8) Yes.

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