❓ Hon Anthony Fels questions the Attorney General regarding individuals unlawfully imprisoned or serving work orders for additional time due to departmental errors, seeking data on affected persons, compensation details, and preventative measures. The Attorney General provides detailed figures and outlines actions taken.
AnsweredQoN 385Legislative Council
QuestionView source ↗
(1) Has a determination been made of the total number of abovementioned affected persons?
(2) If yes to (1), what is the total number and what is the breakdown by -
(a) those unlawfully imprisoned for an additional time;
(b) those ‘over-imprisoned’;
(c) those wrongfully serving a work and/or development order for an additional time; and
(d) in each of the above three categories by -
(i) adult males;
(ii) adult females;
(iii) juvenile males; and
(iv) juvenile females?
(3) If the answer to (1) is no, when will the Attorney General be able to provide the me with the data requested in (2)?
(4) Since the commencement of the Barnett Liberal Government have any of the abovementioned affected persons been notified that due to Departmental bungling or otherwise they wrongfully served additional time?
(5) If yes to (4), when was this done and how many have been notified?
(6) If no to (4), when will this be done?
(7) If it is not going to be done, why not?
(8) Has the Government determined the actual daily rate of compensation in (dollars per day of additional time wrongfully served) to be offered to such persons who were -
(a) unlawfully imprisoned for an additional time;
(b) ‘over-imprisoned’; and
(c) wrongfully served additional time under a work and/or development order?
(9) If yes to (8), what is the actual dollar per day amount for such persons in each of the abovementioned categories and for any periods of differing daily compensation rates?
(10) If the actual daily rate (in dollars per day) has not yet been determined for each category and for any applicable periods of differing daily compensation rates, when will the Attorney General be able to provide these amounts?
(11) What is the current estimate of the total compensation liability and what is the current breakdown of the estimated compensation liability by the categories set out above in (1)?
(12) If these amounts in (11) have not yet been determined, when will the Attorney General be able to provide the House with them?
(13) Given that in the
Sunday Times
of the 5 October 2008 , the Attorney General described this as a ‘terrible’ and a ‘shocking situation’ and one that the previous Carpenter Labor Government had already neglected to properly attend to for over two years, whereas in the Attorney General’s reported view good governance required the matter to be attended to as quickly as possible, and given that therefore, late last year, the Attorney General introduced a Bill for relevant legislation to this Parliament. What procedures have already been implemented to prevent a recurrence of this ‘terrible’ and ‘shocking situation’ that was otherwise allowed to persist under the previous Carpenter Labor Government?
(14) Given the time delay in compensating the abovementioned affected persons under both the previous Labor Government and under this Barnett Liberal Government, will such persons also be offered interest on their compensation principal to cover the period from commencement of when they wrongfully served any additional time until when the compensation is paid?
(15) If yes to (14), what will be that rate of interest?
(16) If the abovementioned affected persons are not to be paid any interest component, why not?
(2) If yes to (1), what is the total number and what is the breakdown by -
(a) those unlawfully imprisoned for an additional time;
(b) those ‘over-imprisoned’;
(c) those wrongfully serving a work and/or development order for an additional time; and
(d) in each of the above three categories by -
(i) adult males;
(ii) adult females;
(iii) juvenile males; and
(iv) juvenile females?
(3) If the answer to (1) is no, when will the Attorney General be able to provide the me with the data requested in (2)?
(4) Since the commencement of the Barnett Liberal Government have any of the abovementioned affected persons been notified that due to Departmental bungling or otherwise they wrongfully served additional time?
(5) If yes to (4), when was this done and how many have been notified?
(6) If no to (4), when will this be done?
(7) If it is not going to be done, why not?
(8) Has the Government determined the actual daily rate of compensation in (dollars per day of additional time wrongfully served) to be offered to such persons who were -
(a) unlawfully imprisoned for an additional time;
(b) ‘over-imprisoned’; and
(c) wrongfully served additional time under a work and/or development order?
(9) If yes to (8), what is the actual dollar per day amount for such persons in each of the abovementioned categories and for any periods of differing daily compensation rates?
(10) If the actual daily rate (in dollars per day) has not yet been determined for each category and for any applicable periods of differing daily compensation rates, when will the Attorney General be able to provide these amounts?
(11) What is the current estimate of the total compensation liability and what is the current breakdown of the estimated compensation liability by the categories set out above in (1)?
(12) If these amounts in (11) have not yet been determined, when will the Attorney General be able to provide the House with them?
(13) Given that in the
Sunday Times
of the 5 October 2008 , the Attorney General described this as a ‘terrible’ and a ‘shocking situation’ and one that the previous Carpenter Labor Government had already neglected to properly attend to for over two years, whereas in the Attorney General’s reported view good governance required the matter to be attended to as quickly as possible, and given that therefore, late last year, the Attorney General introduced a Bill for relevant legislation to this Parliament. What procedures have already been implemented to prevent a recurrence of this ‘terrible’ and ‘shocking situation’ that was otherwise allowed to persist under the previous Carpenter Labor Government?
(14) Given the time delay in compensating the abovementioned affected persons under both the previous Labor Government and under this Barnett Liberal Government, will such persons also be offered interest on their compensation principal to cover the period from commencement of when they wrongfully served any additional time until when the compensation is paid?
(15) If yes to (14), what will be that rate of interest?
(16) If the abovementioned affected persons are not to be paid any interest component, why not?
AnswerView source ↗
Answered
7 April 2009
Responded by
Minister for Transport representing the Attorney General
Response time
26 days
(1) Yes.
(2) (a) 1,730
(b) Not applicable. Terminology over-imprisoned is same as (a) and not a distinct group
(c) Nil
(d) (i) 1,389
(d) (ii) 341
(d) (iii) Not applicable. There is no provision for enforcement on juveniles under
Fines, Penalties and Infringement Notices Enforcement Act 1994
(WA).
(d) (iv) Not applicable. See 2 (d) (iii).
(3) Not applicable.
(4) Yes. People who have approached the Department of the Attorney General have been advised whether they are in the affected group or not.
(5) To 23 March 2009, 16 individuals have made contact with the department.
(6) All affected persons will be advised upon proclamation of the Fines, Penalties and Infringement Amendment (Compensation) Bill 2008, currently before the Parliament.
(7) Not applicable.
(8) The rates proposed in the Bill reflect the current fine default rates:
(a) $250 per day;
(b) Not applicable; and
(c) $300 per day (calculated on six hour working day)
(9) See answer to (8).
(10) The rate of compensation is subject to the passage of the Fines, Penalties and Infringement Amendment (Compensation) Bill 2008.
(11) $1,228,250. Categories are actually set out in Question 2; all is payable in respect to category 2(a).
(12) See Answer to Question 11.
(13) The Department has undertaken the following:
Identified the 1,730 offenders that have served additional periods of default of at least one day to satisfy outstanding court fines;
Refunded overpayments for fees to the value of $45,808.28 to that group who had paid out their warrants, where the fee was included;
Performed system enhancements to the fines database to prevent a recurrence of the problem;
compiled a detailed list of persons affected to enable tracing of the group;
analysed the list of persons affected to identify those offenders who have further outstanding matters at Fines Enforcement Registry; and
outstanding fines for the affected group are being managed by a specialist team established in the Sheriff's Office.
(14) No.
(15) Not applicable.
(16) At the time these persons were affected the fine default imprisonment rate was $150 per day. The rate was increased from $150 per day to $250 per day on 28 March 2008. The rate of compensation proposed in the Fines, Penalties and Infringement Amendment (Compensation) Bill 2008 will be in accordance with the present rate of fine default imprisonment of $250 per day.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
(2) (a) 1,730
(b) Not applicable. Terminology over-imprisoned is same as (a) and not a distinct group
(c) Nil
(d) (i) 1,389
(d) (ii) 341
(d) (iii) Not applicable. There is no provision for enforcement on juveniles under
Fines, Penalties and Infringement Notices Enforcement Act 1994
(WA).
(d) (iv) Not applicable. See 2 (d) (iii).
(3) Not applicable.
(4) Yes. People who have approached the Department of the Attorney General have been advised whether they are in the affected group or not.
(5) To 23 March 2009, 16 individuals have made contact with the department.
(6) All affected persons will be advised upon proclamation of the Fines, Penalties and Infringement Amendment (Compensation) Bill 2008, currently before the Parliament.
(7) Not applicable.
(8) The rates proposed in the Bill reflect the current fine default rates:
(a) $250 per day;
(b) Not applicable; and
(c) $300 per day (calculated on six hour working day)
(9) See answer to (8).
(10) The rate of compensation is subject to the passage of the Fines, Penalties and Infringement Amendment (Compensation) Bill 2008.
(11) $1,228,250. Categories are actually set out in Question 2; all is payable in respect to category 2(a).
(12) See Answer to Question 11.
(13) The Department has undertaken the following:
Identified the 1,730 offenders that have served additional periods of default of at least one day to satisfy outstanding court fines;
Refunded overpayments for fees to the value of $45,808.28 to that group who had paid out their warrants, where the fee was included;
Performed system enhancements to the fines database to prevent a recurrence of the problem;
compiled a detailed list of persons affected to enable tracing of the group;
analysed the list of persons affected to identify those offenders who have further outstanding matters at Fines Enforcement Registry; and
outstanding fines for the affected group are being managed by a specialist team established in the Sheriff's Office.
(14) No.
(15) Not applicable.
(16) At the time these persons were affected the fine default imprisonment rate was $150 per day. The rate was increased from $150 per day to $250 per day on 28 March 2008. The rate of compensation proposed in the Fines, Penalties and Infringement Amendment (Compensation) Bill 2008 will be in accordance with the present rate of fine default imprisonment of $250 per day.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.