❓ Dr. Walker questions the Attorney General regarding the Director of Public Prosecutions' (DPP) record-keeping practices related to drug trafficker declarations and the use of confiscated property proceeds, alleging a potential conflict of interest. The Attorney General acknowledges limitations in the DPP's reporting capabilities and highlights funding for a new case management system.
AnsweredQoN 462Legislative Assembly
QuestionView source ↗
Crimes—Confiscation of profits
462. Hon Dr Brian Walker to the parliamentary
secretary representing the Attorney General:
I thank the Attorney
General for his detailed answer to my question on notice 104 with regard to
drug trafficker declarations and the distribution of funds from the
confiscation proceeds.
(1) Am I right in understanding that no records
are kept by the Director of Public Prosecutions as to when it does and does not
request a drug trafficker declaration?
(2) Given the Attorney's admission that the DPP
has received an astonishing amount—in excess of $17 million—in
additional funding by way of confiscated property proceeds since Labor came
into power, will the Attorney instruct or otherwise put pressure on the DPP to
maintain such records going forward?
(3) If no to (2), why not, and what option does
the public have other than to believe there to be a clear and demonstrable
conflict of interest when the body that requires a confiscation declaration
from the courts is also the body that benefits financially, and refuses to keep
detailed records in such cases?
462. Hon Dr Brian Walker to the parliamentary
secretary representing the Attorney General:
I thank the Attorney
General for his detailed answer to my question on notice 104 with regard to
drug trafficker declarations and the distribution of funds from the
confiscation proceeds.
(1) Am I right in understanding that no records
are kept by the Director of Public Prosecutions as to when it does and does not
request a drug trafficker declaration?
(2) Given the Attorney's admission that the DPP
has received an astonishing amount—in excess of $17 million—in
additional funding by way of confiscated property proceeds since Labor came
into power, will the Attorney instruct or otherwise put pressure on the DPP to
maintain such records going forward?
(3) If no to (2), why not, and what option does
the public have other than to believe there to be a clear and demonstrable
conflict of interest when the body that requires a confiscation declaration
from the courts is also the body that benefits financially, and refuses to keep
detailed records in such cases?
AnswerView source ↗
I thank the member
for the question. I read the answer provided to me by the Attorney General.
(1) No. The Office of the Director of Public
Prosecutions (ODPP) maintains case files, which include records of applications
for drug trafficker declaration and whether a drug trafficker declaration was
made by the court. However, the ODPP's systems do not allow a report to be
extracted about when an application for a drug trafficker declaration could
have been made but was not sought, or an application was sought but not made by
the court. This would require a manual review of all relevant case files, which
is not feasible.
(2)–(3) The ODPP has been funded to
replace its case management system.
for the question. I read the answer provided to me by the Attorney General.
(1) No. The Office of the Director of Public
Prosecutions (ODPP) maintains case files, which include records of applications
for drug trafficker declaration and whether a drug trafficker declaration was
made by the court. However, the ODPP's systems do not allow a report to be
extracted about when an application for a drug trafficker declaration could
have been made but was not sought, or an application was sought but not made by
the court. This would require a manual review of all relevant case files, which
is not feasible.
(2)–(3) The ODPP has been funded to
replace its case management system.
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