❓ A parliamentary question regarding the refusal of Holly Deane-Johns' repatriation from a Thai prison, the reasons for the decision, and potential for reconsideration. It also asks about other similar cases.
AnsweredQoN 460Legislative Council
QuestionView source ↗
HOLLY DEANE-JOHNS - PRISONER TRANSFER
I refer to the case of Holly Deane-Johns, who was declared by the Australian and Thai governments in November 2006 to be eligible for repatriation under the existing treaty on prisoner exchange. (1) What were the reasons upon which the Minister for Corrective Services based her decision to refuse Ms Deane-Johns’ repatriation? (2) Under what circumstances would the minister be prepared to reconsider her decision? (3) Have any other Western Australians in foreign prisons been refused repatriation under this or like treaty arrangements? Hon JON FORD
I refer to the case of Holly Deane-Johns, who was declared by the Australian and Thai governments in November 2006 to be eligible for repatriation under the existing treaty on prisoner exchange. (1) What were the reasons upon which the Minister for Corrective Services based her decision to refuse Ms Deane-Johns’ repatriation? (2) Under what circumstances would the minister be prepared to reconsider her decision? (3) Have any other Western Australians in foreign prisons been refused repatriation under this or like treaty arrangements? Hon JON FORD
AnswerView source ↗
I thank Hon Simon O’Brien for some notice of the question. The Minister for Corrective Services has supplied the following answer - (1) In formally advising the former federal Minister for Justice and Customs that she did not consent to the transfer of Ms Deane-Johns from Thailand to Western Australia, the Minister for Corrective Services stated that having considered the information provided to her, she was of the opinion that under clause 6.2(c)(ii) and clause 6.2(c)(iii) of the administrative arrangement between the Governor-General and the Governor of the State of Western Australia, Ms Deane-Johns was not suitable for transfer to Western Australia. Clause 6.2 provides that, without limiting the circumstances in which consent may be withheld, it is agreed that consent may be withheld in relation to incoming prisoners in circumstances that include - (c)(ii) the transfer is, because of the extremely serious nature of the crime, likely to cause significant and widespread public outrage; (c)(iii) the prisoner is likely to engage in criminal conduct after transfer. Without wishing to canvass in detail the personal circumstances of Ms Deane-Johns, the Minister for Corrective Services has advised that on the basis of the information available at the time of the decision, factors such as Ms Deane-Johns’ lack of family support in Western Australia, her past prison record and the recidivist nature of her offending weighed against approving her transfer. (2) The minister has recently received correspondence from Ms Deane-Johns requesting a reconsideration of the decision to deny the transfer. In addition, the member for Perth has facilitated the provision of a report on Ms Deane-Johns’ medical condition. The minister is seeking advice on the additional information that has been provided and will be meeting with the federal Minister for Justice and Customs to discuss the matter next week. (3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
(1) What were the reasons upon which the Minister for Corrective Services based her decision to refuse Ms Deane-Johns’ repatriation? (2) Under what circumstances would the minister be prepared to reconsider her decision? (3) Have any other Western Australians in foreign prisons been refused repatriation under this or like treaty arrangements? Hon JON FORD replied: I thank Hon Simon O’Brien for some notice of the question. The Minister for Corrective Services has supplied the following answer - (1) In formally advising the former federal Minister for Justice and Customs that she did not consent to the transfer of Ms Deane-Johns from Thailand to Western Australia, the Minister for Corrective Services stated that having considered the information provided to her, she was of the opinion that under clause 6.2(c)(ii) and clause 6.2(c)(iii) of the administrative arrangement between the Governor-General and the Governor of the State of Western Australia, Ms Deane-Johns was not suitable for transfer to Western Australia. Clause 6.2 provides that, without limiting the circumstances in which consent may be withheld, it is agreed that consent may be withheld in relation to incoming prisoners in circumstances that include - (c)(ii) the transfer is, because of the extremely serious nature of the crime, likely to cause significant and widespread public outrage; (c)(iii) the prisoner is likely to engage in criminal conduct after transfer. Without wishing to canvass in detail the personal circumstances of Ms Deane-Johns, the Minister for Corrective Services has advised that on the basis of the information available at the time of the decision, factors such as Ms Deane-Johns’ lack of family support in Western Australia, her past prison record and the recidivist nature of her offending weighed against approving her transfer. (2) The minister has recently received correspondence from Ms Deane-Johns requesting a reconsideration of the decision to deny the transfer. In addition, the member for Perth has facilitated the provision of a report on Ms Deane-Johns’ medical condition. The minister is seeking advice on the additional information that has been provided and will be meeting with the federal Minister for Justice and Customs to discuss the matter next week. (3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
(2) Under what circumstances would the minister be prepared to reconsider her decision? (3) Have any other Western Australians in foreign prisons been refused repatriation under this or like treaty arrangements? Hon JON FORD replied: I thank Hon Simon O’Brien for some notice of the question. The Minister for Corrective Services has supplied the following answer - (1) In formally advising the former federal Minister for Justice and Customs that she did not consent to the transfer of Ms Deane-Johns from Thailand to Western Australia, the Minister for Corrective Services stated that having considered the information provided to her, she was of the opinion that under clause 6.2(c)(ii) and clause 6.2(c)(iii) of the administrative arrangement between the Governor-General and the Governor of the State of Western Australia, Ms Deane-Johns was not suitable for transfer to Western Australia. Clause 6.2 provides that, without limiting the circumstances in which consent may be withheld, it is agreed that consent may be withheld in relation to incoming prisoners in circumstances that include - (c)(ii) the transfer is, because of the extremely serious nature of the crime, likely to cause significant and widespread public outrage; (c)(iii) the prisoner is likely to engage in criminal conduct after transfer. Without wishing to canvass in detail the personal circumstances of Ms Deane-Johns, the Minister for Corrective Services has advised that on the basis of the information available at the time of the decision, factors such as Ms Deane-Johns’ lack of family support in Western Australia, her past prison record and the recidivist nature of her offending weighed against approving her transfer. (2) The minister has recently received correspondence from Ms Deane-Johns requesting a reconsideration of the decision to deny the transfer. In addition, the member for Perth has facilitated the provision of a report on Ms Deane-Johns’ medical condition. The minister is seeking advice on the additional information that has been provided and will be meeting with the federal Minister for Justice and Customs to discuss the matter next week. (3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
(3) Have any other Western Australians in foreign prisons been refused repatriation under this or like treaty arrangements? Hon JON FORD replied: I thank Hon Simon O’Brien for some notice of the question. The Minister for Corrective Services has supplied the following answer - (1) In formally advising the former federal Minister for Justice and Customs that she did not consent to the transfer of Ms Deane-Johns from Thailand to Western Australia, the Minister for Corrective Services stated that having considered the information provided to her, she was of the opinion that under clause 6.2(c)(ii) and clause 6.2(c)(iii) of the administrative arrangement between the Governor-General and the Governor of the State of Western Australia, Ms Deane-Johns was not suitable for transfer to Western Australia. Clause 6.2 provides that, without limiting the circumstances in which consent may be withheld, it is agreed that consent may be withheld in relation to incoming prisoners in circumstances that include - (c)(ii) the transfer is, because of the extremely serious nature of the crime, likely to cause significant and widespread public outrage; (c)(iii) the prisoner is likely to engage in criminal conduct after transfer. Without wishing to canvass in detail the personal circumstances of Ms Deane-Johns, the Minister for Corrective Services has advised that on the basis of the information available at the time of the decision, factors such as Ms Deane-Johns’ lack of family support in Western Australia, her past prison record and the recidivist nature of her offending weighed against approving her transfer. (2) The minister has recently received correspondence from Ms Deane-Johns requesting a reconsideration of the decision to deny the transfer. In addition, the member for Perth has facilitated the provision of a report on Ms Deane-Johns’ medical condition. The minister is seeking advice on the additional information that has been provided and will be meeting with the federal Minister for Justice and Customs to discuss the matter next week. (3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
Hon JON FORD replied: I thank Hon Simon O’Brien for some notice of the question. The Minister for Corrective Services has supplied the following answer - (1) In formally advising the former federal Minister for Justice and Customs that she did not consent to the transfer of Ms Deane-Johns from Thailand to Western Australia, the Minister for Corrective Services stated that having considered the information provided to her, she was of the opinion that under clause 6.2(c)(ii) and clause 6.2(c)(iii) of the administrative arrangement between the Governor-General and the Governor of the State of Western Australia, Ms Deane-Johns was not suitable for transfer to Western Australia. Clause 6.2 provides that, without limiting the circumstances in which consent may be withheld, it is agreed that consent may be withheld in relation to incoming prisoners in circumstances that include - (c)(ii) the transfer is, because of the extremely serious nature of the crime, likely to cause significant and widespread public outrage; (c)(iii) the prisoner is likely to engage in criminal conduct after transfer. Without wishing to canvass in detail the personal circumstances of Ms Deane-Johns, the Minister for Corrective Services has advised that on the basis of the information available at the time of the decision, factors such as Ms Deane-Johns’ lack of family support in Western Australia, her past prison record and the recidivist nature of her offending weighed against approving her transfer. (2) The minister has recently received correspondence from Ms Deane-Johns requesting a reconsideration of the decision to deny the transfer. In addition, the member for Perth has facilitated the provision of a report on Ms Deane-Johns’ medical condition. The minister is seeking advice on the additional information that has been provided and will be meeting with the federal Minister for Justice and Customs to discuss the matter next week. (3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
I thank Hon Simon O’Brien for some notice of the question. The Minister for Corrective Services has supplied the following answer - (1) In formally advising the former federal Minister for Justice and Customs that she did not consent to the transfer of Ms Deane-Johns from Thailand to Western Australia, the Minister for Corrective Services stated that having considered the information provided to her, she was of the opinion that under clause 6.2(c)(ii) and clause 6.2(c)(iii) of the administrative arrangement between the Governor-General and the Governor of the State of Western Australia, Ms Deane-Johns was not suitable for transfer to Western Australia. Clause 6.2 provides that, without limiting the circumstances in which consent may be withheld, it is agreed that consent may be withheld in relation to incoming prisoners in circumstances that include - (c)(ii) the transfer is, because of the extremely serious nature of the crime, likely to cause significant and widespread public outrage; (c)(iii) the prisoner is likely to engage in criminal conduct after transfer. Without wishing to canvass in detail the personal circumstances of Ms Deane-Johns, the Minister for Corrective Services has advised that on the basis of the information available at the time of the decision, factors such as Ms Deane-Johns’ lack of family support in Western Australia, her past prison record and the recidivist nature of her offending weighed against approving her transfer. (2) The minister has recently received correspondence from Ms Deane-Johns requesting a reconsideration of the decision to deny the transfer. In addition, the member for Perth has facilitated the provision of a report on Ms Deane-Johns’ medical condition. The minister is seeking advice on the additional information that has been provided and will be meeting with the federal Minister for Justice and Customs to discuss the matter next week. (3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
(1) In formally advising the former federal Minister for Justice and Customs that she did not consent to the transfer of Ms Deane-Johns from Thailand to Western Australia, the Minister for Corrective Services stated that having considered the information provided to her, she was of the opinion that under clause 6.2(c)(ii) and clause 6.2(c)(iii) of the administrative arrangement between the Governor-General and the Governor of the State of Western Australia, Ms Deane-Johns was not suitable for transfer to Western Australia. Clause 6.2 provides that, without limiting the circumstances in which consent may be withheld, it is agreed that consent may be withheld in relation to incoming prisoners in circumstances that include - (c)(ii) the transfer is, because of the extremely serious nature of the crime, likely to cause significant and widespread public outrage; (c)(iii) the prisoner is likely to engage in criminal conduct after transfer. Without wishing to canvass in detail the personal circumstances of Ms Deane-Johns, the Minister for Corrective Services has advised that on the basis of the information available at the time of the decision, factors such as Ms Deane-Johns’ lack of family support in Western Australia, her past prison record and the recidivist nature of her offending weighed against approving her transfer. (2) The minister has recently received correspondence from Ms Deane-Johns requesting a reconsideration of the decision to deny the transfer. In addition, the member for Perth has facilitated the provision of a report on Ms Deane-Johns’ medical condition. The minister is seeking advice on the additional information that has been provided and will be meeting with the federal Minister for Justice and Customs to discuss the matter next week. (3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
(c)(iii) the prisoner is likely to engage in criminal conduct after transfer.
(3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
(1) What were the reasons upon which the Minister for Corrective Services based her decision to refuse Ms Deane-Johns’ repatriation? (2) Under what circumstances would the minister be prepared to reconsider her decision? (3) Have any other Western Australians in foreign prisons been refused repatriation under this or like treaty arrangements? Hon JON FORD replied: I thank Hon Simon O’Brien for some notice of the question. The Minister for Corrective Services has supplied the following answer - (1) In formally advising the former federal Minister for Justice and Customs that she did not consent to the transfer of Ms Deane-Johns from Thailand to Western Australia, the Minister for Corrective Services stated that having considered the information provided to her, she was of the opinion that under clause 6.2(c)(ii) and clause 6.2(c)(iii) of the administrative arrangement between the Governor-General and the Governor of the State of Western Australia, Ms Deane-Johns was not suitable for transfer to Western Australia. Clause 6.2 provides that, without limiting the circumstances in which consent may be withheld, it is agreed that consent may be withheld in relation to incoming prisoners in circumstances that include - (c)(ii) the transfer is, because of the extremely serious nature of the crime, likely to cause significant and widespread public outrage; (c)(iii) the prisoner is likely to engage in criminal conduct after transfer. Without wishing to canvass in detail the personal circumstances of Ms Deane-Johns, the Minister for Corrective Services has advised that on the basis of the information available at the time of the decision, factors such as Ms Deane-Johns’ lack of family support in Western Australia, her past prison record and the recidivist nature of her offending weighed against approving her transfer. (2) The minister has recently received correspondence from Ms Deane-Johns requesting a reconsideration of the decision to deny the transfer. In addition, the member for Perth has facilitated the provision of a report on Ms Deane-Johns’ medical condition. The minister is seeking advice on the additional information that has been provided and will be meeting with the federal Minister for Justice and Customs to discuss the matter next week. (3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
(2) Under what circumstances would the minister be prepared to reconsider her decision? (3) Have any other Western Australians in foreign prisons been refused repatriation under this or like treaty arrangements? Hon JON FORD replied: I thank Hon Simon O’Brien for some notice of the question. The Minister for Corrective Services has supplied the following answer - (1) In formally advising the former federal Minister for Justice and Customs that she did not consent to the transfer of Ms Deane-Johns from Thailand to Western Australia, the Minister for Corrective Services stated that having considered the information provided to her, she was of the opinion that under clause 6.2(c)(ii) and clause 6.2(c)(iii) of the administrative arrangement between the Governor-General and the Governor of the State of Western Australia, Ms Deane-Johns was not suitable for transfer to Western Australia. Clause 6.2 provides that, without limiting the circumstances in which consent may be withheld, it is agreed that consent may be withheld in relation to incoming prisoners in circumstances that include - (c)(ii) the transfer is, because of the extremely serious nature of the crime, likely to cause significant and widespread public outrage; (c)(iii) the prisoner is likely to engage in criminal conduct after transfer. Without wishing to canvass in detail the personal circumstances of Ms Deane-Johns, the Minister for Corrective Services has advised that on the basis of the information available at the time of the decision, factors such as Ms Deane-Johns’ lack of family support in Western Australia, her past prison record and the recidivist nature of her offending weighed against approving her transfer. (2) The minister has recently received correspondence from Ms Deane-Johns requesting a reconsideration of the decision to deny the transfer. In addition, the member for Perth has facilitated the provision of a report on Ms Deane-Johns’ medical condition. The minister is seeking advice on the additional information that has been provided and will be meeting with the federal Minister for Justice and Customs to discuss the matter next week. (3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
(3) Have any other Western Australians in foreign prisons been refused repatriation under this or like treaty arrangements? Hon JON FORD replied: I thank Hon Simon O’Brien for some notice of the question. The Minister for Corrective Services has supplied the following answer - (1) In formally advising the former federal Minister for Justice and Customs that she did not consent to the transfer of Ms Deane-Johns from Thailand to Western Australia, the Minister for Corrective Services stated that having considered the information provided to her, she was of the opinion that under clause 6.2(c)(ii) and clause 6.2(c)(iii) of the administrative arrangement between the Governor-General and the Governor of the State of Western Australia, Ms Deane-Johns was not suitable for transfer to Western Australia. Clause 6.2 provides that, without limiting the circumstances in which consent may be withheld, it is agreed that consent may be withheld in relation to incoming prisoners in circumstances that include - (c)(ii) the transfer is, because of the extremely serious nature of the crime, likely to cause significant and widespread public outrage; (c)(iii) the prisoner is likely to engage in criminal conduct after transfer. Without wishing to canvass in detail the personal circumstances of Ms Deane-Johns, the Minister for Corrective Services has advised that on the basis of the information available at the time of the decision, factors such as Ms Deane-Johns’ lack of family support in Western Australia, her past prison record and the recidivist nature of her offending weighed against approving her transfer. (2) The minister has recently received correspondence from Ms Deane-Johns requesting a reconsideration of the decision to deny the transfer. In addition, the member for Perth has facilitated the provision of a report on Ms Deane-Johns’ medical condition. The minister is seeking advice on the additional information that has been provided and will be meeting with the federal Minister for Justice and Customs to discuss the matter next week. (3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
Hon JON FORD replied: I thank Hon Simon O’Brien for some notice of the question. The Minister for Corrective Services has supplied the following answer - (1) In formally advising the former federal Minister for Justice and Customs that she did not consent to the transfer of Ms Deane-Johns from Thailand to Western Australia, the Minister for Corrective Services stated that having considered the information provided to her, she was of the opinion that under clause 6.2(c)(ii) and clause 6.2(c)(iii) of the administrative arrangement between the Governor-General and the Governor of the State of Western Australia, Ms Deane-Johns was not suitable for transfer to Western Australia. Clause 6.2 provides that, without limiting the circumstances in which consent may be withheld, it is agreed that consent may be withheld in relation to incoming prisoners in circumstances that include - (c)(ii) the transfer is, because of the extremely serious nature of the crime, likely to cause significant and widespread public outrage; (c)(iii) the prisoner is likely to engage in criminal conduct after transfer. Without wishing to canvass in detail the personal circumstances of Ms Deane-Johns, the Minister for Corrective Services has advised that on the basis of the information available at the time of the decision, factors such as Ms Deane-Johns’ lack of family support in Western Australia, her past prison record and the recidivist nature of her offending weighed against approving her transfer. (2) The minister has recently received correspondence from Ms Deane-Johns requesting a reconsideration of the decision to deny the transfer. In addition, the member for Perth has facilitated the provision of a report on Ms Deane-Johns’ medical condition. The minister is seeking advice on the additional information that has been provided and will be meeting with the federal Minister for Justice and Customs to discuss the matter next week. (3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
I thank Hon Simon O’Brien for some notice of the question. The Minister for Corrective Services has supplied the following answer - (1) In formally advising the former federal Minister for Justice and Customs that she did not consent to the transfer of Ms Deane-Johns from Thailand to Western Australia, the Minister for Corrective Services stated that having considered the information provided to her, she was of the opinion that under clause 6.2(c)(ii) and clause 6.2(c)(iii) of the administrative arrangement between the Governor-General and the Governor of the State of Western Australia, Ms Deane-Johns was not suitable for transfer to Western Australia. Clause 6.2 provides that, without limiting the circumstances in which consent may be withheld, it is agreed that consent may be withheld in relation to incoming prisoners in circumstances that include - (c)(ii) the transfer is, because of the extremely serious nature of the crime, likely to cause significant and widespread public outrage; (c)(iii) the prisoner is likely to engage in criminal conduct after transfer. Without wishing to canvass in detail the personal circumstances of Ms Deane-Johns, the Minister for Corrective Services has advised that on the basis of the information available at the time of the decision, factors such as Ms Deane-Johns’ lack of family support in Western Australia, her past prison record and the recidivist nature of her offending weighed against approving her transfer. (2) The minister has recently received correspondence from Ms Deane-Johns requesting a reconsideration of the decision to deny the transfer. In addition, the member for Perth has facilitated the provision of a report on Ms Deane-Johns’ medical condition. The minister is seeking advice on the additional information that has been provided and will be meeting with the federal Minister for Justice and Customs to discuss the matter next week. (3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
(1) In formally advising the former federal Minister for Justice and Customs that she did not consent to the transfer of Ms Deane-Johns from Thailand to Western Australia, the Minister for Corrective Services stated that having considered the information provided to her, she was of the opinion that under clause 6.2(c)(ii) and clause 6.2(c)(iii) of the administrative arrangement between the Governor-General and the Governor of the State of Western Australia, Ms Deane-Johns was not suitable for transfer to Western Australia. Clause 6.2 provides that, without limiting the circumstances in which consent may be withheld, it is agreed that consent may be withheld in relation to incoming prisoners in circumstances that include - (c)(ii) the transfer is, because of the extremely serious nature of the crime, likely to cause significant and widespread public outrage; (c)(iii) the prisoner is likely to engage in criminal conduct after transfer. Without wishing to canvass in detail the personal circumstances of Ms Deane-Johns, the Minister for Corrective Services has advised that on the basis of the information available at the time of the decision, factors such as Ms Deane-Johns’ lack of family support in Western Australia, her past prison record and the recidivist nature of her offending weighed against approving her transfer. (2) The minister has recently received correspondence from Ms Deane-Johns requesting a reconsideration of the decision to deny the transfer. In addition, the member for Perth has facilitated the provision of a report on Ms Deane-Johns’ medical condition. The minister is seeking advice on the additional information that has been provided and will be meeting with the federal Minister for Justice and Customs to discuss the matter next week. (3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
(c)(iii) the prisoner is likely to engage in criminal conduct after transfer.
(3) Three Western Australians incarcerated in international prisons have applied for transfer back to WA under existing treaty arrangements. Two have been approved and one refused.
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