❓ Hon. Michael Mischin questions the Minister for Disability Services regarding a Supreme Court injunction obtained to restrain media from publishing information about residents at the Bennett Brook Disability Justice Centre. The Minister clarifies the decision was made by the Department of Communities CEO, not the ministry.
AnsweredQoN 731Legislative Council
QuestionView source ↗
BENNETT BROOK DISABILITY
JUSTICE CENTRE — SUPREME COURT INJUNCTION
731. Hon
MICHAEL MISCHIN to the Minister for Disability Services:
In light of his answer that the
concern that excited the application for an injunction against the media had to
do with identifying a resident of the disability justice centre, I ask the
minister the following.
(1) Why has the
state obtained an order restraining media and other organisations from
publishing any information concerning any resident that discloses events or
alleged conduct at that disability centre?
(2) Why was the
application brought without notice to the parties?
(3) Did the minister consult with any other ministers
or take advice from the Premier and the Attorney General before bringing
this order gagging the media from reporting events at that place?
JUSTICE CENTRE — SUPREME COURT INJUNCTION
731. Hon
MICHAEL MISCHIN to the Minister for Disability Services:
In light of his answer that the
concern that excited the application for an injunction against the media had to
do with identifying a resident of the disability justice centre, I ask the
minister the following.
(1) Why has the
state obtained an order restraining media and other organisations from
publishing any information concerning any resident that discloses events or
alleged conduct at that disability centre?
(2) Why was the
application brought without notice to the parties?
(3) Did the minister consult with any other ministers
or take advice from the Premier and the Attorney General before bringing
this order gagging the media from reporting events at that place?
AnswerView source ↗
(1)–(3) Again,
I will make the point that this centre addresses the longstanding social
justice issue of vulnerable people with an intellectual disability, autism or
cognitive impairment who have not been found guilty of a crime being
incarcerated alongside convicted criminals. I made the point that the CEO of
the Department of Communities took action and applied for an injunction against
a media outlet. It was not a decision of a minister or ministers or, indeed,
cabinet. It was the decision of a CEO of the department and the CEO's
statutory obligation. I understand that there will be a further hearing between
the affected parties this Friday, and we
will see what the court decides. But I make the point now that on two occasions ,
two individual judges granted injunctions after applications were made. Further
consideration will be made later this Friday. But it was not a decision of mine
or of ministers, and it is not for me to consult anyone when the CEO of a department
takes action under their statutory powers.
I will make the point that this centre addresses the longstanding social
justice issue of vulnerable people with an intellectual disability, autism or
cognitive impairment who have not been found guilty of a crime being
incarcerated alongside convicted criminals. I made the point that the CEO of
the Department of Communities took action and applied for an injunction against
a media outlet. It was not a decision of a minister or ministers or, indeed,
cabinet. It was the decision of a CEO of the department and the CEO's
statutory obligation. I understand that there will be a further hearing between
the affected parties this Friday, and we
will see what the court decides. But I make the point now that on two occasions ,
two individual judges granted injunctions after applications were made. Further
consideration will be made later this Friday. But it was not a decision of mine
or of ministers, and it is not for me to consult anyone when the CEO of a department
takes action under their statutory powers.
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