The Joint Select Committee of Parliament studying proposals for an Independent Commission to investigate police abuses on Thursday agreed that complaints of rape or grievous sexual assault should be immediately forwarded to the Director of Public Prosecutions.

The suggestion was made by Opposition Senator K D Knight during the clause by clause examination of the bill.

"The two most serious offences are those relating to rape and sexual assault. I am wondering if they shouldn't immediately forward a report certainly in relation to rape. It's a serious offence," Knight said.

Under Section 18 of the Act which deals with complaints, a grievance may be reported to the Commission by a person who alleges that the conduct of a member of the security forces or any specified official resulted in the death of, or injury to any person or was intended or likely to result in such death or injury; involved sexual assault, assault or battery or resulted in damage to property or the taking of money or other property.

Further under Section 18, sub-section (3) (d), the director of complaints, upon receipt of a complaint relating to a fatality, is required to forward a copy of the complaint to the DPP.
Knight, however, recommended that the legislature take this a step further and allow not only complaints involving fatalities to be forwarded to the DPP but rape as well.

Committee chair, Attorney General and Justice Minister Senator Dorothy Lightbourne agreed with Knight and pointed out that it was such offences that "triggered off the need for this legislation".

Director of Legal Reform in the justice ministry, Dr Eileen Boxhill, who is part of the technical team guiding the committee in its deliberations, added that there might be a need to be guided by the decision to keep the traditional definition of rape and have other sexual acts recognised under further offences elsewhere in the proposed new Sexual Offences Act.

"In light of the proposed Sexual Offences Act we might need to expand that because there will be rape and there will be grievous sexual assault," she said.

The Sexual Offences Act will bring all laws relating to sexual crimes under one umbrella. It will repeal the Incest (Punishment) Act and several provisions of the Offences Against the Person Act relating to rape and other sexual offences.

It was also decided Thursday that the officer against whom a complaint has been made and the security force to which he is employed must make a report to the commission of any incident as specified in the Act no later than 48 hours after occurrence.

Knight, who also brought up the point, said the "as soon as possible" option given by the bill was open to interpretation and left too much room for contradictions.

The bill will repeal the Police Public Complaints Act and make provisions for the establishment of a Commission of Parliament, known as the Independent Commission of Investigations. The commission will undertake investigations concerning actions by members of the security forces and other agents of the state that result in death or injury to persons or the abuse of the rights of persons.