❓ The Attorney General outlines how the Bail Amendment Bill 2022 will enhance the protection of vulnerable children in child sexual abuse cases, prompted by the tragic death of Annaliesse Ugle. The bill introduces mandatory considerations for bail decisions, focusing on the safety and wellbeing of child victims.
AnsweredQoN 345Legislative Assembly
QuestionView source ↗
BAIL AMENDMENT BILL 2022
— VICTIMS OF CRIME — PROTECTIONS
345. Ms C.M. ROWE to the Attorney General:
I refer to the McGowan Labor
government's commitment to improving justice outcomes for victims of
crime. Can the Attorney General outline to the house how the Bail Amendment
Bill 2022 will enhance the protection of vulnerable children at the centre of
child sexual abuse allegations?
— VICTIMS OF CRIME — PROTECTIONS
345. Ms C.M. ROWE to the Attorney General:
I refer to the McGowan Labor
government's commitment to improving justice outcomes for victims of
crime. Can the Attorney General outline to the house how the Bail Amendment
Bill 2022 will enhance the protection of vulnerable children at the centre of
child sexual abuse allegations?
AnswerView source ↗
I thank the member for her question.
In this house, we will all remember
that, tragically, 11-year-old Annaliesse Ugle took her life on 20 October 2020 following the release from bail of the man accused of perpetrating sexual abuse against her.
He was admitted to bail only three
weeks before Annaliesse tragically took her own life. In that regard, I offer
her mother, Samantha Westacott , and her extended family my sincere
sympathies and condolences for the passing of beautiful Annaliesse.
Today, after question time, I will
give notice to introduce the Bail Amendment Bill 2022, which will respond to
this tragedy by strengthening the responsiveness of the state's bail
system to victims of alleged child abuse. I ask to table a transcript.
[See paper 1184 .]
Mr J.R. QUIGLEY : This is the
transcript of the hearing in the Narrogin court where Annaliesse's abuser
was presented. There is not one word of concern about Annaliesse or her
circumstances of living in the small country town
of Boddington with her abuser—not one word! The new bill will introduce
mandatory bail considerations that will apply when an accused is before
the court for a sexual offence against a child victim. These new mandatory considerations
will apply in the context of existing requirements under the Bail Act, with
clause 1(a)(iii) of part C to require consideration of whether the accused may
be a danger to the safety or welfare of the child if they are not kept in custody. In this context, and under these
circumstances, the decision-maker must have regard to the f ollowing
issues—none of which were addressed, as members will see from the
transcript now tabled. The decision-maker must have regard to the age of the
child and the age of the accused—Annaliesse was aged 11 years; her
abuser was 66—and whether the child
victim is in a family relationship with the accused. The accused had been the
partner of Annaliesse's grandmother, who was recently deceased.
The decision-maker must have regard to the living arrangements of both the
child victim and the accused; the importance of community security and
stability in the child victim's
living arrangements and family and community relationship; and the physical and
emotional wellbeing of the child victim.
Members can see that, going forward,
the court will be mandated to consider these particular matters that were not
addressed in that hearing, the transcript of which is now tabled in the
chamber. The bill will also introduce new considerations that will apply to all
offences, not just child sexual offences. Those considerations will include the
accused's conduct towards the victim and family members since the
alleged offence, which will allow the bail decision-maker to determine whether
there is a pattern of behaviour, such as ongoing grooming, control or coercive
conduct. In this particular case, Annaliesse was living in a small town where
her abuser was driving around town and could
be seen at liberty by Annaliesse. The court will also be required to consider
the accused's conduct towards victims and their family members
following any previous offending—again to examine the accused's
behaviour and to assist in the development of
a risk profile to inform the decision as to whether they should be released on
bail. The question of bail is always a difficult one because we do not want to
see everyone who is charged held on remand—there is a presumption of
innocence—but we want the community and the victim's safety
secured. The government is very confident and optimistic that by mandating
these considerations, we will be improving community safety.
In this house, we will all remember
that, tragically, 11-year-old Annaliesse Ugle took her life on 20 October 2020 following the release from bail of the man accused of perpetrating sexual abuse against her.
He was admitted to bail only three
weeks before Annaliesse tragically took her own life. In that regard, I offer
her mother, Samantha Westacott , and her extended family my sincere
sympathies and condolences for the passing of beautiful Annaliesse.
Today, after question time, I will
give notice to introduce the Bail Amendment Bill 2022, which will respond to
this tragedy by strengthening the responsiveness of the state's bail
system to victims of alleged child abuse. I ask to table a transcript.
[See paper 1184 .]
Mr J.R. QUIGLEY : This is the
transcript of the hearing in the Narrogin court where Annaliesse's abuser
was presented. There is not one word of concern about Annaliesse or her
circumstances of living in the small country town
of Boddington with her abuser—not one word! The new bill will introduce
mandatory bail considerations that will apply when an accused is before
the court for a sexual offence against a child victim. These new mandatory considerations
will apply in the context of existing requirements under the Bail Act, with
clause 1(a)(iii) of part C to require consideration of whether the accused may
be a danger to the safety or welfare of the child if they are not kept in custody. In this context, and under these
circumstances, the decision-maker must have regard to the f ollowing
issues—none of which were addressed, as members will see from the
transcript now tabled. The decision-maker must have regard to the age of the
child and the age of the accused—Annaliesse was aged 11 years; her
abuser was 66—and whether the child
victim is in a family relationship with the accused. The accused had been the
partner of Annaliesse's grandmother, who was recently deceased.
The decision-maker must have regard to the living arrangements of both the
child victim and the accused; the importance of community security and
stability in the child victim's
living arrangements and family and community relationship; and the physical and
emotional wellbeing of the child victim.
Members can see that, going forward,
the court will be mandated to consider these particular matters that were not
addressed in that hearing, the transcript of which is now tabled in the
chamber. The bill will also introduce new considerations that will apply to all
offences, not just child sexual offences. Those considerations will include the
accused's conduct towards the victim and family members since the
alleged offence, which will allow the bail decision-maker to determine whether
there is a pattern of behaviour, such as ongoing grooming, control or coercive
conduct. In this particular case, Annaliesse was living in a small town where
her abuser was driving around town and could
be seen at liberty by Annaliesse. The court will also be required to consider
the accused's conduct towards victims and their family members
following any previous offending—again to examine the accused's
behaviour and to assist in the development of
a risk profile to inform the decision as to whether they should be released on
bail. The question of bail is always a difficult one because we do not want to
see everyone who is charged held on remand—there is a presumption of
innocence—but we want the community and the victim's safety
secured. The government is very confident and optimistic that by mandating
these considerations, we will be improving community safety.
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