Derek McDowell (Labour)

Senator Cummins is proposing that subsection (6) makes no provision as to the maximum period for which an order may last. Subsection (3)(a) states that a restriction on movement order may last for a period of not more than six months and allows for orders over shorter periods. The six-month limit applies even when there are multiple orders. The sums of the period may not exceed six months. The policy reason behind this choice was that a longer period may create difficulties with the likelihood of non-compliance. As a matter stretches on, will the individual comply with an order? Does one expect people to comply with it over a long period? A relatively short period is more likely to be effective and is the reason the section is drafted as such.

These matters must be balanced. In the UK, ASBOs must last for at least two years. Our proposed ASBOs will not last more than two years. It is an interesting distinction and I do not know which model is better. If the period for these orders needs to be changed at a later stage, we can revisit it. There will be plenty of occasions to strike the balance differently.