Military Justice Legislation Amendment Bill – Second Reading – Video 13
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Military Justice Legislation Amendment Bill – Second Reading – Video 13


other than to commend the bill to the house kyouda I call howdy to he panel thank you look I stand to attention to take this call on the second reading and I’m I’m grateful that I’m able to address the house again because I did in the first reading on this military justice legislation amendment bill and I’m grateful because of the fact that I I do have a connection personally and professionally and speaking to this legislation professionally having practiced and law and this is a piece of legislation proposed law soon to be passed I am confident that it will be we’re there is a better alignment of the military justice system with our is my friend across the house there mr. Lewis of all mentioned a normal court or a usual court I would say that it’s the our criminal justice system so it’s an alignment in the purpose of this legislation is around aligning updating and enhancing the other personal connection that I have is very much as I’ve indicated and shared with the house before as the military background so my family has given military service since the 1850s through to date so this is quite personal but it’s also professional and being able to address the house and members of the public in this Reformation reshaping of the military justice and legislative system so being the last speaker most of the significant messages have been conveyed to the house and the public in my time is limited and I’d be great with madam chair for madam speaker to keep the check on my time because I’ve just lost it on my phone you can be assured I will now you have eight minutes and 22 seconds thank you I’m taking a brief call on this but the three key areas that I would wish to address the house and as really along the lines of areas that I’ve practiced and one is around the victims rights and this legislation is certainly acknowledging and enhancing victim rights under the the Bo the H to be it’s also as we’ve heard around repealing a provision in the arm forces discipline act that has placed the onus of proof on the accused now this is reshaping and aligning it with our criminal justice system you know that the onus of proof is on the prosecution and no longer would it be just on the balance of probabilities that would be beyond a reasonable doubt and that’s so significant and important so victims the rights there have been addressed in detail and that is covered specifically under the bill itself in part teen a outlining for example victims rights having views about release on bail of the accused or the offender as a criminal lawyer for many years also a family lawyer actually representing many woman and sometimes men who victims of domestic violence that entitled to be enlightened about what is happening in terms of the offender and the conditions that they may be released on bail part TNA of the bill soon to be act addresses that in detail the other part that i would do was also to speak to and i mentioned it in the first address to the houses around the provision of fitness to stand trial so the bill is aligning it we’re an accused is deemed to be unfit to stand trial and noting also that under the courts matters bill it is seeking to amend the Criminal Procedure mentally impaired persons Act we have represented and there’s been the fact that a hearing had to take place to establish whether a person was unfit or otherwise before it was deemed that the Act had been committed or omitted so this is very much aligning there and with an amendment to the bill before the the Justice Committee I believe that there will be a reversal of the the sequence so it will be very much about first determining whether the person who has a mental impairment is fit to stand trial then determining whether the defendant was actually involved in the commission or the omission of the offense so madam chair I have been instructed to take a brief call on this the details of the within the Act I have spoken those particular provisions that I’ve practiced in law and it’s accept significant now that the military justice system is aligned and in accord with what everybody else is entitled to toe in terms of our criminal justice system I can mean this belt of the third passage of the reading coda tomorrow or Tafari I call and a hillock Enomoto has three key karana Demong I it’s absolute privilege to take that

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