Shadow Attorney-General Chiaka Barry made the comments in response to a Facebook reel by Canberra Liberals leader Mark Parton. Photo: Chiaka Barry MLA.
Should certain sections of the Territory’s Human Rights Act be disregarded when sentencing serious offences?
That’s the suggestion from Shadow Attorney-General Chiaka Barry, who posted the comment underneath a recent reel by Canberra Liberals leader Mark Parton.
In the comment, she outlined several areas the party felt were issues in the justice system, including that the Alexander Maconochie Centre had to “function as a rehabilitation centre”, sentencing laws needed to be continuously reviewed to reflect community expectations and stay fit-for-purpose, and properly resource the ACT’s police force and court system so the system could move more efficiently.
“Too many people are sitting on remand for too long, and that’s not good for anyone, not victims, not the accused, and not community confidence,” she wrote.
“We need to start using data properly to drive decision-making. Right now, ACT Labor isn’t clear on what is actually causing offending, or whether the policies they are putting in place are working.”
Ms Barry also argued that victims needed to be a more integral focus of the justice system, echoing the sentiment of some who feel victim rights and experiences currently aren’t properly reflected in sentencing and judicial directions as much as an offender’s.
“For example, it is ridiculous that the defence gets to remove aspects of a victim impact statement,” she said.
But it’s her final point that has caused a stir among her political opponents.
“And finally, and I know this is controversial (especially from a lawyer), I think we need an honest conversation about in the most serious convictions, if parts of the Human Rights Act should be able to be set aside,” Ms Barry wrote.
“My understanding is that judges give more weight to the offenders [sic] rights in sentencing.
“At the end of the day, the system has to hold a balance in protecting rights, yes, but also protecting the community and backing victims.”
Ms Barry wrote the comments about the justice system in response to a person on social media. Screenshot: Facebook.
Attorney-General Tara Cheyne said it was “entirely legitimate” to argue for reform, but said that didn’t mean people should “misstate” how the system works to make their case.
“Human rights are not a trump card for offenders. They are part of the legal framework that ensures that sentencing is fair, proportionate and lawful,” she said.
“Human rights do not prevent courts from punishing people, protecting the community or recognising the harm done to victims.”
Ms Cheyne encouraged Ms Barry to “familiarise herself” with section 7 of the Crimes (Sentencing) Act 2005, which outlines what a court can do when considering whether to make reparation orders for an offender.
This comes as a committee inquiry into suggested changes to the ACT’s bail laws is underway.
Any legislative amendments must address how they interact and are compatible with the Human Rights Act, including what rights are engaged.
Ms Cheyne said the Act was an important part of the Territory’s legislative landscape.
“The day we start switching rights on and off depending on the crime or the politics of the moment, they stop being rights,” she said.
ACT Greens justice spokesperson Rebecca Vassarotti went further, stating Ms Barry’s comment should be ringing alarm bells.
“It’s actually vital that people in the ACT are shielded by fundamental human rights protections through our Human Rights Act,” she said.
“It compels authorities to treat people compassionately and with dignity. Having these protections protects our community and our justice system by holding power to account and safeguarding fairness for everybody.
“Canberrans should be alarmed that the Liberal Party’s go-to when it comes to our justice system is to try and dismantle these kinds of protections.”
Ms Barry’s comments are not an official policy stance of the Canberra Liberals.
Mr Parton said this would be formally announced in the lead-up to the 2028 ACT election.
“The Canberra Liberals are concerned about the current imbalance between the rights of offenders and victims in the ACT,” he said.
“Ms Barry, as our Shadow Attorney General and an experienced lawyer, is reviewing the settings and reasons for this imbalance.”
He pointed out that there were other legislative examples, at both the Territory and Federal levels, that provided a precedent for Ms Barry’s suggestion that parts of the Human Rights Act could be set aside in certain circumstances.
“It is uncontroversial that Human Rights considerations relevant to particular decisions can be articulated in specific legislation, to exclude broader application of general law. The Migration Act is a salient example,” Mr Parton said.
The committee inquiry into potential bail law changes is due to report on 26 August.
