❓ WA Parliamentary Question on Notice regarding the application of the High-Risk Serious Offenders Act 2020 on Aboriginal and Torres Strait Islander peoples. The Attorney General rejects the premise of disproportionate impact.
AnsweredQoN 1967Legislative Council
QuestionView source ↗
I refer to the disproportionate impact on Aboriginal and Torres Strait Islander peoples of the High-Risk Serious Offenders Act 2020 , and ask: (a) what is the breakdown of Aboriginal and Torres Strait Islander versus non-Aboriginal and Torres Strait Islander people subjected to ‘continuing detention orders’ and supervision orders, as defined under the Act, for the period in which the Act has been in operation; and (b) with reference to the statistical breakdown in (a), what portion of those orders are for ‘serious offences’ as defined by the Act, broken down into: (i) subject to orders: (A) continuing detention orders? (B) supervision orders?
AnswerView source ↗
Answered
7 May 2024
Responded by
Parliamentary Secretary to the Attorney General
Response time
6 days
(a) The premise of the Member’s preamble to the question is rejected. The High-Risk Serious Offenders Act 2020 (the Act) commenced on 26 August 2020. Between 26 August 2020 and 14 April 2024, 101 distinct offenders were subjected to a Continuing Detention Order or a Supervision Order under the Act. Of those 46 were Aboriginal and 55 were Non-Aboriginal.
(b) Only offenders who have committed a ‘serious offence’ as defined by the Act may be subject to these orders. Of those 101 distinct offenders in Answer (a), 42 were subjected to a Continuing Detention Order, and 81 to a Supervision Order. Table 1 provides the breakdown by Aboriginality. An offender may have been subjected to both Continuing Detention and Supervision under the Act in the period, in which case they are reported under both order types. As such the sum of the individual figures may exceed the provided totals.
Table 1. Distinct Offenders Subjected to a Continuing Detention or Supervision Order under the Act between 26 August 2020 and 14 April 2024, by Aboriginality.
Act Order Type
Aboriginal
Non-Aboriginal
Continuing Detention
24
18
Supervision
34
47
Total
46
55
(b) Only offenders who have committed a ‘serious offence’ as defined by the Act may be subject to these orders. Of those 101 distinct offenders in Answer (a), 42 were subjected to a Continuing Detention Order, and 81 to a Supervision Order. Table 1 provides the breakdown by Aboriginality. An offender may have been subjected to both Continuing Detention and Supervision under the Act in the period, in which case they are reported under both order types. As such the sum of the individual figures may exceed the provided totals.
Table 1. Distinct Offenders Subjected to a Continuing Detention or Supervision Order under the Act between 26 August 2020 and 14 April 2024, by Aboriginality.
Act Order Type
Aboriginal
Non-Aboriginal
Continuing Detention
24
18
Supervision
34
47
Total
46
55
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