The Fiji Council of Social Services (FCOSS) today
questioned the necessity of the proposed repeal of the
Rehabilitation of Offenders Act 1997 and its accompanying
1998 Regulations in favour of the Criminal Records Bill
2025.
In its submission to the Parliamentary Standing
Committee on Justice, Law and Human Rights regarding the
Criminal Records Bill 2025 (Bill No. 41 of 2025), FCOSS
stated that a more prudent and effective approach would be
to amend the existing 1997 Act to integrate the improvements
outlined in the new Bill.
FCOSS Executive Director,
Vani Catanasiga, said it is worrying to note the detachment
of the proposed new law from the transparent and
comprehensive rehabilitation framework established in the
1997 Act.
“FCOSS acknowledges and supports the need
for second chances and reintegration, as the Criminal
Records Bill attempts to do tangibly. However, this must not
be separated from a full rehabilitation framework, as it
risks losing its rehabilitative function,” Ms. Catanasiga
said.
Presenting to the Parliamentary Committee
earlier today, FCOSS Program Manager, Josaia Tokoni, said
the Council’s due diligence suggested that repealing the
Rehabilitation of Offenders Act 1997 is a high-risk
approach.
“An amendment-based approach is a more
responsible and less disruptive path. It allows us to
integrate the positive reforms of the Bill while maintaining
the stability and legal precedent of the existing framework.
This aligns with the ‘Do No Harm’ principle by avoiding
a regulatory gap that could harm the very people we seek to
protect,” Mr. Tokoni said.
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To balance rehabilitation
with community safety, FCOSS proposed a tiered approach to
disclosure linked to the risk profile of specific roles,
particularly within the humanitarian sector.
“The
Bill must be amended to exclude serious offences from the
rehabilitation framework explicitly,” Mr. Tokoni added.
Offences proposed by FCOSS for exclusion
include:
- Homicide: Murder and
manslaughter. - Offences Against Liberty: Kidnapping
and false imprisonment. - Violent Offences: Assault
causing actual bodily harm and gender-based
violence. - Serious Property Offences: Robbery and
aggravated robbery. - Sexual Offences: Rape, sexual
assault, and indecent assault. - Terrorism and
Drug-Related Offences. - Serious Financial Crimes:
White-collar crimes with significant community
impact.
“FCOSS is a strong supporter of
restorative justice and second chances. However, we have a
non-negotiable duty to protect the vulnerable. The ‘Do No
Harm’ principle must be the bedrock of this reform,” Mr.
Tokoni
said.
