❓ Hon. Kate Doust questions the exclusion of certain justice officers from protection under the Criminal Code Amendment Bill 2008, specifically regarding mandatory sentencing for assaults. The Attorney General declines to amend the bill, citing the previous Labor government's opposition to similar legislation.
AnsweredQoN 171Legislative Council
QuestionView source ↗
CRIMINAL CODE AMENDMENT BILL 2008 — OFFICER PROTECTION
(1) Will the minister confirm that the following officers from the justice department will not be protected under the government’s Criminal Code Amendment Bill 2008: prison officers, bailiffs, security guards, court officers and magistrates? (2) Will the Attorney General seek to amend this legislation to specifically include those officers listed in (1)? (3) If no to (2), why not? Hon SIMON O’BRIEN
(1) Will the minister confirm that the following officers from the justice department will not be protected under the government’s Criminal Code Amendment Bill 2008: prison officers, bailiffs, security guards, court officers and magistrates? (2) Will the Attorney General seek to amend this legislation to specifically include those officers listed in (1)? (3) If no to (2), why not? Hon SIMON O’BRIEN
AnswerView source ↗
I thank the honourable member for some notice of this question. Firstly, a point of clarification: there is currently no Western Australian justice department. In 2006 the Department of Justice was split into the Department of the Attorney General and the Department of Corrective Services in response to the Mahoney “Inquiry into the Management of Offenders in Custody and in the Community”. (1) The bill stipulates that minimum mandatory sentences of 12 months, nine months and six months’ imprisonment for grievous bodily harm, aggravated assault occasioning bodily harm and non-aggravated assault occasioning bodily harm respectively will be applicable only to such offences perpetrated against public officers who are police officers in the performance of their duties. (2)-(3) The government does not intend to amend the legislation at this time. A primary reason for the drafting of the bill in its present terms was the previous Labor government’s vote against the private member’s bill introduced by the member for Hillarys earlier this year. On 11 June 2008 the former government unequivocally voted against the Acts Amendment (Assaults on Police Officers) Bill 2008 and thereby voted against the application of mandatory sentences for assaults on police officers or any public officer as defined in that bill. Business of the House Hon NORMAN MOORE : Mr President, I ask that the business of the house be resumed. Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
(2) Will the Attorney General seek to amend this legislation to specifically include those officers listed in (1)? (3) If no to (2), why not? Hon SIMON O’BRIEN replied: I thank the honourable member for some notice of this question. Firstly, a point of clarification: there is currently no Western Australian justice department. In 2006 the Department of Justice was split into the Department of the Attorney General and the Department of Corrective Services in response to the Mahoney “Inquiry into the Management of Offenders in Custody and in the Community”. (1) The bill stipulates that minimum mandatory sentences of 12 months, nine months and six months’ imprisonment for grievous bodily harm, aggravated assault occasioning bodily harm and non-aggravated assault occasioning bodily harm respectively will be applicable only to such offences perpetrated against public officers who are police officers in the performance of their duties. (2)-(3) The government does not intend to amend the legislation at this time. A primary reason for the drafting of the bill in its present terms was the previous Labor government’s vote against the private member’s bill introduced by the member for Hillarys earlier this year. On 11 June 2008 the former government unequivocally voted against the Acts Amendment (Assaults on Police Officers) Bill 2008 and thereby voted against the application of mandatory sentences for assaults on police officers or any public officer as defined in that bill. Business of the House Hon NORMAN MOORE : Mr President, I ask that the business of the house be resumed. Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
(3) If no to (2), why not? Hon SIMON O’BRIEN replied: I thank the honourable member for some notice of this question. Firstly, a point of clarification: there is currently no Western Australian justice department. In 2006 the Department of Justice was split into the Department of the Attorney General and the Department of Corrective Services in response to the Mahoney “Inquiry into the Management of Offenders in Custody and in the Community”. (1) The bill stipulates that minimum mandatory sentences of 12 months, nine months and six months’ imprisonment for grievous bodily harm, aggravated assault occasioning bodily harm and non-aggravated assault occasioning bodily harm respectively will be applicable only to such offences perpetrated against public officers who are police officers in the performance of their duties. (2)-(3) The government does not intend to amend the legislation at this time. A primary reason for the drafting of the bill in its present terms was the previous Labor government’s vote against the private member’s bill introduced by the member for Hillarys earlier this year. On 11 June 2008 the former government unequivocally voted against the Acts Amendment (Assaults on Police Officers) Bill 2008 and thereby voted against the application of mandatory sentences for assaults on police officers or any public officer as defined in that bill. Business of the House Hon NORMAN MOORE : Mr President, I ask that the business of the house be resumed. Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
Hon SIMON O’BRIEN replied: I thank the honourable member for some notice of this question. Firstly, a point of clarification: there is currently no Western Australian justice department. In 2006 the Department of Justice was split into the Department of the Attorney General and the Department of Corrective Services in response to the Mahoney “Inquiry into the Management of Offenders in Custody and in the Community”. (1) The bill stipulates that minimum mandatory sentences of 12 months, nine months and six months’ imprisonment for grievous bodily harm, aggravated assault occasioning bodily harm and non-aggravated assault occasioning bodily harm respectively will be applicable only to such offences perpetrated against public officers who are police officers in the performance of their duties. (2)-(3) The government does not intend to amend the legislation at this time. A primary reason for the drafting of the bill in its present terms was the previous Labor government’s vote against the private member’s bill introduced by the member for Hillarys earlier this year. On 11 June 2008 the former government unequivocally voted against the Acts Amendment (Assaults on Police Officers) Bill 2008 and thereby voted against the application of mandatory sentences for assaults on police officers or any public officer as defined in that bill. Business of the House Hon NORMAN MOORE : Mr President, I ask that the business of the house be resumed. Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
I thank the honourable member for some notice of this question. Firstly, a point of clarification: there is currently no Western Australian justice department. In 2006 the Department of Justice was split into the Department of the Attorney General and the Department of Corrective Services in response to the Mahoney “Inquiry into the Management of Offenders in Custody and in the Community”. (1) The bill stipulates that minimum mandatory sentences of 12 months, nine months and six months’ imprisonment for grievous bodily harm, aggravated assault occasioning bodily harm and non-aggravated assault occasioning bodily harm respectively will be applicable only to such offences perpetrated against public officers who are police officers in the performance of their duties. (2)-(3) The government does not intend to amend the legislation at this time. A primary reason for the drafting of the bill in its present terms was the previous Labor government’s vote against the private member’s bill introduced by the member for Hillarys earlier this year. On 11 June 2008 the former government unequivocally voted against the Acts Amendment (Assaults on Police Officers) Bill 2008 and thereby voted against the application of mandatory sentences for assaults on police officers or any public officer as defined in that bill. Business of the House Hon NORMAN MOORE : Mr President, I ask that the business of the house be resumed. Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
(1) The bill stipulates that minimum mandatory sentences of 12 months, nine months and six months’ imprisonment for grievous bodily harm, aggravated assault occasioning bodily harm and non-aggravated assault occasioning bodily harm respectively will be applicable only to such offences perpetrated against public officers who are police officers in the performance of their duties. (2)-(3) The government does not intend to amend the legislation at this time. A primary reason for the drafting of the bill in its present terms was the previous Labor government’s vote against the private member’s bill introduced by the member for Hillarys earlier this year. On 11 June 2008 the former government unequivocally voted against the Acts Amendment (Assaults on Police Officers) Bill 2008 and thereby voted against the application of mandatory sentences for assaults on police officers or any public officer as defined in that bill. Business of the House Hon NORMAN MOORE : Mr President, I ask that the business of the house be resumed. Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
(2)-(3) The government does not intend to amend the legislation at this time. A primary reason for the drafting of the bill in its present terms was the previous Labor government’s vote against the private member’s bill introduced by the member for Hillarys earlier this year. On 11 June 2008 the former government unequivocally voted against the Acts Amendment (Assaults on Police Officers) Bill 2008 and thereby voted against the application of mandatory sentences for assaults on police officers or any public officer as defined in that bill. Business of the House Hon NORMAN MOORE : Mr President, I ask that the business of the house be resumed. Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
(2) Will the Attorney General seek to amend this legislation to specifically include those officers listed in (1)? (3) If no to (2), why not? Hon SIMON O’BRIEN replied: I thank the honourable member for some notice of this question. Firstly, a point of clarification: there is currently no Western Australian justice department. In 2006 the Department of Justice was split into the Department of the Attorney General and the Department of Corrective Services in response to the Mahoney “Inquiry into the Management of Offenders in Custody and in the Community”. (1) The bill stipulates that minimum mandatory sentences of 12 months, nine months and six months’ imprisonment for grievous bodily harm, aggravated assault occasioning bodily harm and non-aggravated assault occasioning bodily harm respectively will be applicable only to such offences perpetrated against public officers who are police officers in the performance of their duties. (2)-(3) The government does not intend to amend the legislation at this time. A primary reason for the drafting of the bill in its present terms was the previous Labor government’s vote against the private member’s bill introduced by the member for Hillarys earlier this year. On 11 June 2008 the former government unequivocally voted against the Acts Amendment (Assaults on Police Officers) Bill 2008 and thereby voted against the application of mandatory sentences for assaults on police officers or any public officer as defined in that bill. Business of the House Hon NORMAN MOORE : Mr President, I ask that the business of the house be resumed. Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
(3) If no to (2), why not? Hon SIMON O’BRIEN replied: I thank the honourable member for some notice of this question. Firstly, a point of clarification: there is currently no Western Australian justice department. In 2006 the Department of Justice was split into the Department of the Attorney General and the Department of Corrective Services in response to the Mahoney “Inquiry into the Management of Offenders in Custody and in the Community”. (1) The bill stipulates that minimum mandatory sentences of 12 months, nine months and six months’ imprisonment for grievous bodily harm, aggravated assault occasioning bodily harm and non-aggravated assault occasioning bodily harm respectively will be applicable only to such offences perpetrated against public officers who are police officers in the performance of their duties. (2)-(3) The government does not intend to amend the legislation at this time. A primary reason for the drafting of the bill in its present terms was the previous Labor government’s vote against the private member’s bill introduced by the member for Hillarys earlier this year. On 11 June 2008 the former government unequivocally voted against the Acts Amendment (Assaults on Police Officers) Bill 2008 and thereby voted against the application of mandatory sentences for assaults on police officers or any public officer as defined in that bill. Business of the House Hon NORMAN MOORE : Mr President, I ask that the business of the house be resumed. Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
Hon SIMON O’BRIEN replied: I thank the honourable member for some notice of this question. Firstly, a point of clarification: there is currently no Western Australian justice department. In 2006 the Department of Justice was split into the Department of the Attorney General and the Department of Corrective Services in response to the Mahoney “Inquiry into the Management of Offenders in Custody and in the Community”. (1) The bill stipulates that minimum mandatory sentences of 12 months, nine months and six months’ imprisonment for grievous bodily harm, aggravated assault occasioning bodily harm and non-aggravated assault occasioning bodily harm respectively will be applicable only to such offences perpetrated against public officers who are police officers in the performance of their duties. (2)-(3) The government does not intend to amend the legislation at this time. A primary reason for the drafting of the bill in its present terms was the previous Labor government’s vote against the private member’s bill introduced by the member for Hillarys earlier this year. On 11 June 2008 the former government unequivocally voted against the Acts Amendment (Assaults on Police Officers) Bill 2008 and thereby voted against the application of mandatory sentences for assaults on police officers or any public officer as defined in that bill. Business of the House Hon NORMAN MOORE : Mr President, I ask that the business of the house be resumed. Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
I thank the honourable member for some notice of this question. Firstly, a point of clarification: there is currently no Western Australian justice department. In 2006 the Department of Justice was split into the Department of the Attorney General and the Department of Corrective Services in response to the Mahoney “Inquiry into the Management of Offenders in Custody and in the Community”. (1) The bill stipulates that minimum mandatory sentences of 12 months, nine months and six months’ imprisonment for grievous bodily harm, aggravated assault occasioning bodily harm and non-aggravated assault occasioning bodily harm respectively will be applicable only to such offences perpetrated against public officers who are police officers in the performance of their duties. (2)-(3) The government does not intend to amend the legislation at this time. A primary reason for the drafting of the bill in its present terms was the previous Labor government’s vote against the private member’s bill introduced by the member for Hillarys earlier this year. On 11 June 2008 the former government unequivocally voted against the Acts Amendment (Assaults on Police Officers) Bill 2008 and thereby voted against the application of mandatory sentences for assaults on police officers or any public officer as defined in that bill. Business of the House Hon NORMAN MOORE : Mr President, I ask that the business of the house be resumed. Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
(1) The bill stipulates that minimum mandatory sentences of 12 months, nine months and six months’ imprisonment for grievous bodily harm, aggravated assault occasioning bodily harm and non-aggravated assault occasioning bodily harm respectively will be applicable only to such offences perpetrated against public officers who are police officers in the performance of their duties. (2)-(3) The government does not intend to amend the legislation at this time. A primary reason for the drafting of the bill in its present terms was the previous Labor government’s vote against the private member’s bill introduced by the member for Hillarys earlier this year. On 11 June 2008 the former government unequivocally voted against the Acts Amendment (Assaults on Police Officers) Bill 2008 and thereby voted against the application of mandatory sentences for assaults on police officers or any public officer as defined in that bill. Business of the House Hon NORMAN MOORE : Mr President, I ask that the business of the house be resumed. Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
(2)-(3) The government does not intend to amend the legislation at this time. A primary reason for the drafting of the bill in its present terms was the previous Labor government’s vote against the private member’s bill introduced by the member for Hillarys earlier this year. On 11 June 2008 the former government unequivocally voted against the Acts Amendment (Assaults on Police Officers) Bill 2008 and thereby voted against the application of mandatory sentences for assaults on police officers or any public officer as defined in that bill. Business of the House Hon NORMAN MOORE : Mr President, I ask that the business of the house be resumed. Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
Several members interjected. The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
The PRESIDENT : Are there any further answers? Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
Several members interjected. The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
The PRESIDENT : I assume members want to come back next year. There being no further answers, the business of the house is resumed.
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