' I
PRIME MINISTER
FOR MEDIA 20 MARCH 1990
LAUOAI afUN n LAW 4WUBHTDI CE SIT6TIVTYVR
My Government's commitment to law reform, law enforcement
and the effective administration of justice in borne out by
our record, we have made major reforms in areas as diverso
as corporate regulation, human rights and privacy, the
attack on organised crime, family law and services and the
infrastructure and operation of the Federal court system,
LAbor's fourth ter initiatives will therefore build on thi
substantial steps wn have already taken.
rrimiAl Ammet TruIt F, nd
I am pleased to announce today that, in its fourth term, the
Government will establish a statutory Criminal Asset Trust
Fund to turn the procead. of crime back againat the
criminal. Labor's Proceeds of Crime Act of 1987 has denied criminals
the benefit of 01 million so far recovered by the Crown, and
an additional 01.7 million has been recovered under the drug
trafficking provision of the Customs Act. A further
030 million in currently frozen pending prosecution.
The new Criminal Asset Trust Fund will establish a pool into
which will be paid all those funds which are forfeited under
the Proceeds of Crime Act or the drug trafficking provisions
of the Customs Act.
Forfeited property, vehicles and other assets will generally
be oqld and the proceeds placed in the Trust Fund. In some
case however, seized equipment may be of direct use to law
enforcement agencies.
The Government has decided that the monies held in the Trust
Fund will be distributed fifty percent to law enforcement
agencies and fifty percent to programs for the
rehabilitation of drug users. Thus, the proceeds obtained
by drug traffickers will be directly applied to programs to
assist those who have suffered as a result of drug usage.
1 1*
The urse of criminals' asset@ in this way will provide a
direct and substantial ñ nra-Aa in funds available for law
enforcement and drug rehabilitati~ on. The existence of the
Trust Fund, an payments made out of it, will not af feot the
regular funding, through the budget, of relevant bodies.
Because it is not possible to predict with certainty the
timing of completion of legal proceedings and the success of
prosecution., precise sums available each year f or
disbursement from the Trust Fund cannot be set in advance.
It is expected, however, that they will average several
million dollars per annum and an initial estimate has been
made in the costing of this initiative of $ g million over
3 years.
Altarngt~ ya Dinputa Raun1ntnn
In its fourth terma, the Government will also legislate to
expand alternatives to court proceedings an a mean. of
reaolving disputes.
It is essential that the judicial system be as efficient as
possible while maintaining the capacity properly to resolve
disputes. The use of such processes as mediation and
arbitration can help achieve this aim. The Government
actively encourages commercial disputes to which it is a
party being resolved In this way.
Within the Family Court we have already encouraged
resolution of disputes without reference of cases to judges.
The use of counsellors and court staff to ansint parties to
reach agreement has ensured that the vast majority 0f cases
are resolved without the need for a formal hearing.
Within the Federal Court initiatives have also been taken
using pro-trial conferences to resolve commercial dispute.
in a way which reduces the demand on court time and provides
a faster result for the parties.
For the most part, however, these* processes are informal.
The fourth term legislation will provide a statutory
framework within which the Federal and Family Courts can, by
the use of court rules, establish dispute resolution
processes. If alternatives such so mediation and
arbilration are to be used the Court rules need to deal with
such tssues ast
time limits to lodge documents
basic procedures
privilege for persons taking part in the proceedings
recognition and enforcement of orders
fees and costs.
The courts will be given flexibility to design procedures to
best meet the needs of particular jurisdictions and to
encourage the portion to opt for these alternatives and to
accept the result of the process.
Parties who wish to have their dispute resolved by a audge
will not, however, be prevented from doing no.
01tbay Pf~ riIrJJJ
My Government has put in place a new Commonwealth law to
govern the whole of corporate Australia under one low and
one administration, the Australian Securities Commission.
The next Labor Government will press ahead with implementing
a truly national system of corporate law.
Other priorities for the next Government in the area of law
and justice will flow from reviews underway into legal aid
and the reamily Court.
The National Legal Aid Advisory Committee will shortly be
reporting to the Government on legal aid policis and
services. This report, coupled with the continuing efforts
of the Government to make sure that all Auatralians have
fair and effective access to the legal system, will provide
the blueprint for legal aid in the 1990a and beyond.
A major review of the Family Court is being undertaken by
the government to ensure that its structure is best suited
to meeting the needs of the community and, in its fourth
term, the Government will respond promptly to the
reooimendtions of that review. This follows on the
substaxitial reforms already made by the Government in the
field of family law.
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