The Council for Civil Liberties (NSWCCL) thanks the Department for Communities and Justice for its invitation to make a submission concerning the Review of Section 293 of the Criminal Procedure Act 1986.
'It is submitted that rather than providing a specific exception in relation to false complainants (as proposed by option 2) it is more desirable to consider what the principles and objectives that are sought to be achieved by this reform, rather than reactive reform in relation to a single factual scenario. Each case will bring its own unique factual issues and circumstances. Specific exceptions will often fall short of adequately dealing with the breadth of circumstances and issues of particular cases. Rather, an appropriately drafted discretion has the capacity to deal with a broader range of cases, provide protections in relation to the factors which must be taken into account and prevent piecemeal reform as other issues and factual scenarios arise in the future.'