EXPLANATORY STATEMENT
1987 No. 84
Criminology Research Act 1971 - Criminology Research Regulations (Amendment)
The Criminology Research Regulations (Amendment) provide for the repeal of sub-regulation 3(2) and regulations 4 to 8 of the Criminology Research Regulations, and the insertion of a new regulation 4.
Section 4 of the Criminology Research Act 1971 (the Act) provides that “the appropriate Minister” in relation to a State or the Northern Territory means such Minister of the Crown of that State, or such Minister or the Northern Territory, as is prescribed.
Section 35 of the Act provides that “the appropriate Minister” of a State and of the Northern Territory is to have the function of nominating a person who is to represent a State or the Northern Territory, as the case may be, on the Criminology Research Council established by the Act. The inclusion in the section of a reference to the Northern Territory was made by the Criminology Research Amendment Act 1986.
It is desired to prescribe in the new regulation 4 the Minister for Correctional Services of the Northern Territory as the appropriate Minister in relation to the Northern Territory.
At present regulation 4 of the Criminology Research Regulations prescribes the Minister for Justice as the appropriate Minister for Queensland and it is desired in the new regulation to refer to the current title of the Minister, the “Minister for Justice and Attorney-General”.
Section 18 of the Act provides that the Director of the Australian Institute of Criminology established by the Act is to be paid such allowances as are prescribed but that the provision has effect subject to the Remuneration Tribunals Act 1973. Section 11 of the Act provides that a member of the Board of Management of the Institute established by the Act is to be paid such allowances as are prescribed but that the provision has effect subject to the Remuneration Tribunals Act 1973.
Sub-regulation 3(2) and regulations 5 to 8 provide for the payment of allowances to the Director of the Institute and to members of the Board of Management of the Institute. However the provisions have been superseded and allowances payable to the Director of the Institute and members of the Board are now the subject of determinations made by the Remuneration Tribunal pursuant to the Remuneration Tribunals Act 1973.
Sub-regulation 3(2) and regulations 5 to 8 dealing with allowances are therefore not now required and may be repealed.
Authorised by the Attorney-General
Overview
The Criminology Research Act 1971 was enacted to establish a framework for research into crime and related issues, ensuring that criminology research is effectively conducted and supported. This Act was introduced to fill the gap in systematic and coordinated criminological research in Australia, facilitating better understanding and policy development in the field of criminology. The Criminology Research Regulations (Amendment) aims to modernise and streamline the regulatory framework by repealing outdated provisions and updating references to align with current ministerial titles and remuneration processes. Authorised by the Attorney-General, the amendments reflect the evolving structure of government and the need to ensure that the research governance remains current and effective. The policy objective is to maintain a robust and responsive criminology research infrastructure that supports the needs of the Australian criminal justice system.
Scope and Application
The Criminology Research Act 1971 applies to the regulation of research activities within the field of criminology in Australia, with specific reference to the establishment and functions of the Criminology Research Council and the Australian Institute of Criminology. The Act applies to entities such as the Criminology Research Council, the Australian Institute of Criminology, and individuals or bodies nominated by State or Territory Ministers to represent their jurisdictions on the Council. It also applies to the Director of the Australian Institute of Criminology and members of its Board of Management, though the specific allowances for these positions are now governed by the Remuneration Tribunals Act 1973. The Act's jurisdictional reach includes both the Commonwealth and the states and territories of Australia, with specific references to the Northern Territory and State Ministers in the context of nominations to the Council. The Act's application is extended through subordinate instruments, such as the Criminology Research Regulations, which are subject to amendment as demonstrated by the recent changes to the regulations regarding allowances and the nomination of appropriate Ministers.
Key Provisions
The Criminology Research Regulations (Amendment) focus on updating and streamlining the regulatory framework under the Criminology Research Act 1971. Firstly, sections of the current regulations are being repealed to align with modern practices and legislative changes. Specifically, sub-regulation 3(2) and regulations 4 to 8 are being repealed to reflect that the allowances for the Director of the Australian Institute of Criminology and members of the Board of Management are now determined by the Remuneration Tribunal, as per the Remuneration Tribunals Act 1973 (sections 18 and 11 of the Act). This change ensures that the payment of allowances is in line with current remuneration practices and legal frameworks.
The new regulation 4 that is being inserted into the Criminology Research Regulations aims to clarify the appointment of the appropriate Minister for the Northern Territory. Under this amendment, the Minister for Correctional Services of the Northern Territory is designated as the appropriate Minister, replacing the previous designation of the Minister for Justice and Attorney-General for Queensland (regulation 4). This change is intended to ensure that the appropriate Minister is correctly identified and can effectively fulfill their role on the Criminology Research Council.
Parties and entities governed by the Criminology Research Act 1971, particularly those within the Northern Territory, must now recognise the Minister for Correctional Services as the appropriate Minister for their jurisdiction. Additionally, the amendment to regulation 4 requires Queensland to update its reference to the Minister for Justice and Attorney-General to reflect current ministerial titles. These changes ensure that the regulatory framework accurately represents the current governmental structure and that the appropriate Ministers are duly recognised.
The Criminology Research Regulations (Amendment) do not explicitly introduce new offences, penalties, or civil/criminal consequences for breach. However, failure to comply with the updated regulations may result in administrative or legal repercussions, particularly if it affects the proper functioning of the Criminology Research Council or the payment of allowances as determined by the Remuneration Tribunal. While specific penalties are not detailed within the amendment, any breach of the Act or its regulations could potentially lead to legal actions under the general provisions of the Act or related legislation.