Upload a submission
Written submissions will be accepted by upload or email until 11.59pm 18 May 2022
The ACT Government is seeking community views and feedback on two issues relating to wrongful convictions in criminal cases in the ACT Supreme Court:
A right to appeal a wrongful conviction due to new and compelling evidence and clarity about the right to compensation if someone is wrongfully convicted of a crime will enhance fairness and transparency in the ACT criminal justice system.
A Discussion Paper on wrongful convictions has been released and is available on this page here to support community feedback on reform to the right to appeal a wrongful conviction and parameters for the assessment of compensation.
Written submissions will be accepted by upload or email until 11.59pm 18 May 2022
Upload your submission
Oral submissions can be made by calling 02 6207 4224 and leaving a recorded message by 11.59pm 18 May 2022.
The message will be automatically delivered to the Project Team
The Human Rights Act 2004 (ACT) contains a right to compensation for wrongful conviction but does not set out how this right should operate and how any compensation is to be calculated.
Currently, once a person has exhausted their right to appeal a conviction under ACT Law they cannot appeal again, even if new evidence (which may have led to an acquittal) later emerges.
South Australia, Tasmania and Victoria have legislation for a right to appeal a conviction where there is ‘fresh and compelling’ evidence.
While a right to appeal where there is 'fresh and compelling' evidence would be an important safeguard for the criminal justice system, it is expected that it would be used only rarely, based on the experience of other jurisdictions with similar appeal rights.
In the ACT, there are a number of appeal mechanisms, including the right to appeal orders of the ACT Magistrates Court and ACT Supreme Court, questions of law arising at or in relation to the proceeding, cases stated or questions reserved by the court, and prosecution appeals of acquittals.
The most relevant appeal right for the purposes of this Discussion Paper is that a person who has been convicted can lodge an appeal against their conviction.
Comments and submissions we receive from the community and during other consultations will help shape the ACT Government's approach to reforms.
We acknowledge the Traditional Custodians of the ACT, the Ngunnawal people. We acknowledge and respect their continuing culture and the contribution they make to the life of this city and this region.
The online ‘YourSay’ service is provided using a digital platform operated by the Chief Minister, Treasury and Economic Development Directorate (CMTEDD).
The ACT Government respects the rights and privacy of all individuals and is committed to complying with the Information Privacy Act 2014 and the Territory Privacy Principles and protecting the personal information we hold.
CMTEDD (via Harvest which is contracted service provider of CMTEDD) collects your personal information as part of providing the Territory’s online community engagement services, informing you about these services, complying with contractual and other legal obligations, responding to your enquiries and administering its community engagement technology.
CMTEDD may use your personal information for these purposes, any other purpose listed on a collection statement at the point of collection, or in any other way made clear at the time of collecting the personal information. In cases where feedback is received about an engagement opportunity that is subject to another Territory agency's Terms and Conditions, or arrangements for handling personal information, your feedback may be provided to the agency concerned.
In your feedback to the ACT Government, you should not provide personal information, including personal health information (for example, any information (medical or otherwise) about a person’s health, mental status, treatments received etc) about any other person (a third person).
We collect the comments, votes, posts and selections you contribute when interacting with the feedback mechanisms provided through 'YourSay', which include:
This information is analysed and interpreted by CMTEDD staff, staff of other ACT Government agencies and in some circumstances, third party contractors who have been engaged to assist in the analysis of the data collected, to inform the creation of better projects, plans and policies.
Can you remain anonymous or withhold personal information?
Yes. You can access and participate in select ‘YourSay’ engagements anonymously, without disclosing any personal information. Some identified studies may require you to register and establish an account in order to participate. Users may choose to adopt a pseudonym for these studies.
When you register for a ‘YourSay’ account or sign-in to your existing account, the information we collect includes:
For engagements where you do not register for a ‘YourSay’ account, we may seek to collect from you:
Demographic details are requested in order to help us determine the degree to which views of participants are representative of a diverse cross-section of the community.
By providing an email address you help us protect the integrity of the discussion from individuals and groups who may attempt to unduly influence the outcomes of the consultation process anonymously. For example, we check the database to ensure each user has a single email account on the site. We also frequently review the site for trolls and spammers.
If you are registered and signed-in to your user account, the contributions and feedback you provide may be linked with your username and any demographic details you have recorded in your account.
If you subscribe to receive notifications about upcoming consultations and other engagement activities , the email address you provide will be used by CMTEDD to send you information and updates about new opportunities to have your say. You can unsubscribe from these updates notifications at any time.
If you subscribe to receive updates about a specific engagement project, for example by using the ‘Follow’ function, the email address you provide will be used to send you information and updates about that engagement. You can unsubscribe from these notifications at any time.
Cookies are used on our site, but they do not collect any personal information. For the most part they are sessional and just contain system-generated values to identify the user's session for statistical and system administration purposes only.
Site visit data
The site’s web-server automatically collects the following de-identified data for statistical and system administration purposes only:
To the extent that this data could make you identifiable, CMTEDD and Harvest will not attempt to identify individuals from the records the server automatically generates unless necessary to investigate a breach of law or regulation.
When you sign up for and use the ‘YourSay’ service you provide two types of information:
Publicly available information
Publicly available information is limited to your username and any comments you leave under that username in the forums or other feedback tools published to ‘YourSay’.
You can use your first name or an anonymous username if you do not want your full name attached to forum and guestbook comments, stories or questions.
Feedback (including overall results of polls and surveys, and in some instances, quotes from forums and surveys) may be published in publicly available reports at the end of the consultation period.
Please note that the ACT Government is subject to the Freedom of Information Act 2016. The Freedom of Information Act 2016 provides a general right of access to government information. This includes documents created by the government, documents held by contracted service providers relating to the performance of government contracts and documents supplied to government by external organisations or individuals.
Information available to CMTEDD and Harvest (and which CMTEDD may disclose to other entities as set out in this privacy notice) includes:
Information available to third party contractors may include but is not limited to:
CMTEDD will take all reasonable measures to prevent unauthorised access to, or disclosure of, your personal information.
Organisations to which personal information is disclosed include other ACT Government directorates, the ACT Government’s contracted Service Providers, such as Harvest and their subcontractors or agents who may be based in Australia or overseas (namely in the Philippines), who perform various services for and on behalf of the ACT Government. These contractors have agreed to be bound by the provisions of the Information Privacy Act 2014.
We will also take all necessary measures to ensure that your personal information is not disclosed to other individuals, institutions and authorities except in accordance with the Information Privacy Act 2014, such as if required or authorised by law or explicitly permitted by you. Some examples of when information may be provided to another person without your consent include in the event of an investigation into suspected unlawful or improper activity or when a law enforcement agency or government agency may exercise its legal authority to inspect the web server's records (e.g. in relation to hacking or abusive messages).
You may seek corrections to your personal information that CMTEDD has collected if you believe it is inaccurate, out-of–date, incomplete, irrelevant or misleading. CMTEDD is required to take reasonable steps to correct personal information to ensure that, having regard to the purpose for which it is held, the information is not inaccurate, out-of–date, incomplete, irrelevant or misleading.
You may also seek access to your personal information that CMTEDD holds.
The ‘YourSay’ Privacy Statement does not apply to third party websites or digital services which may be linked to from content published to 'YourSay'. We recommend you read the privacy statement of the relevant service when you access these sites.
Third Party Providers
We sometimes use third party providers for some web-based services, with information stored in the United States and Europe. These include Campaign Monitor and Mail Chimp for email subscriptions, Survey Monkey and Typeform for online surveys, Social Pinpoint for interactive maps, Viostream for live streaming question and answers, MindHive for running a collaborative forum and EventBrite for registration at events. Please follow the hyperlinks for details on their privacy policies.
Campaign Monitor Privacy
CMTEDD uses Campaign Monitor to provide electronic newsletters to subscribers.
CMTEDD holds the Campaign Monitor account and personal information collected through that account can be accessed by other agencies of the ACT Government for the purposes of sending electronic newsletters.
Campaign Monitor will use the information collected from you for the purpose of providing the online service which enables CMTEDD and other agencies of the ACT Government to create, send and manage electronic newsletters. Campaign Monitor will also use this information to measure the performance of CMTEDD and other ACT Government email campaigns.
Campaign Monitor may transfer this information to its contractors or other third parties who process the information on Campaign Monitor’s behalf, or where otherwise required to do so by law.
Campaign Monitor is based in the United States of America (USA) and is subject to the laws of the USA. Your information (including your IP address) will be transmitted to and stored by Campaign Monitor on servers located outside Australia.
You can unsubscribe from the 'YourSay' electronic newsletter at any time by selecting the 'unsubscribe’ option in every email sent to you by Campaign Monitor.
More information about how CMTEDD manages the personal information it collects can be found at http://www.cmd.act.gov.au/legal/privacy.
If you have any questions relating to the use of your personal data please contact firstname.lastname@example.org.
Whole of Government Engagement Customer Relationship Management System
If you provide your personal information during an engagement, it may be included in a Whole of Government Customer Relationship Management System (CRM), together with the feedback or views you provide, and handled in accordance with Schedule 1 of the Information Privacy Act 2014, and the Territory Privacy Principles (TPPs).
The CRM system has been designed to provide directorates’ employees or authorised contractors with a place to store information about engagements with stakeholders and access information about engagements with stakeholders undertaken by other employees or authorised contractors. Information in the CRM may be used to inform subsequent engagements with the same or similar stakeholders. The use of the database is intended to strengthen coordination between ACT Public Sector agencies and reduce duplication of effort and stakeholder fatigue, by sharing information about engagement activities across government.
More detailed information about how your personal information is handled is available in the CRM Privacy Notice available at https://www.act.gov.au/crm-privacy. Further information about directorates’ privacy policies and where to locate them can be found in the CRM Privacy Notice.
If you have any comment in relation to any aspect of the collection, use, security of, or access to your personal information please contact us via:
Privacy Contact Officer
Chief Minister, Treasury and Economic Development Directorate
GPO Box 158
CANBERRA ACT 2601
Information or an opinion about an identified individual, or an individual who is reasonably identifiable:
but does not include personal health information about the individual.
Personal health information
Personal health information means any personal information, whether or not recorded in a health record:
(a) relating to the health, an illness or a disability of the consumer; or
(b) collected by a health service provider in relation to the health, an illness or a disability of the consumer.
What are the conditions with a user’s account?
If you want to terminate your own account, please send an email to email@example.com.
We are not responsible for the content on the site that has been provided by the users of the site. Any content posted by you is subject to the rules of our Moderation Policy. Your contribution to the site may be edited, removed or not published if we consider it inappropriate (refer to Moderation Policy). Contributors should also be aware that their posts may remain online indefinitely. Where practical, you may choose not to identify yourself, deal with us on an anonymous basis or use a pseudonym.
What’s required of users?
You must understand and agree that, without limitation:
These Terms shall be governed in accordance with the laws of the Australian Capital Territory.
What content does the ACT Government own?
Your Say website contains the copyrighted material, trademarks, patents, trade secrets and other proprietary information (“Intellectual Property”) of Harvest and its suppliers and licensors. ACT Government owns and retains all proprietary rights in the intellectual property. All intellectual property in the content of this site including without limitation to text, software, source code, pages, documents and online graphics, photographs, sounds, audio, video and other interactive features are owned by or licensed to us.
Any original content that you submit or post on our site may be made available to the public and allows users to share your content (with the end user acknowledging your contribution) under the Creative Commons Attribution-ShareAlike 4.0 Australian License.
Except for Intellectual Property which is in the public domain or for which you have been given written permission, you may not copy, alter, transmit, sell, or distribute any of the Intellectual Property.
We are not responsible for your communications or dealings, including payment and delivery of goods or services, with a third party found via our website. Any loss or damage incurred from those communications or dealings are solely between the user and the third party.
Disclaimer and Warranties
Users must agree that your use of the site is at your own risk. We make no warranty that the site will meet your requirements or be uninterrupted or error-free. Any material that the user downloads through the site is done at their own risk and users are responsible for any damages to their computer system or loss of data.
What happens if these Terms change?
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice. The most recent version of the Terms can be seen on this page. By continuing to access or use our site after those revisions become effective, you agree and will comply to the revised terms. If you do not agree to the revised terms, please discontinue using our site.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
Enter your email address below. We will send you instructions to reset your password.
Join our online community
Creating an account helps us better understand your needs and the needs of the community.
Sign up with email
Already have an account? now.
Thank you, your account has been created.
Completing the questions below helps us better understand the diverse range of people who contribute their ideas. The questions are optional.