❓ Hon. Stephen Dawson questions the Attorney General regarding the ineligibility of certain prisoners under the Offenders Community Corrections Act 1963 for resocialisation programs, particularly those imprisoned for extended periods. The Attorney General acknowledges the issue and ongoing legislative efforts to address it.
AnsweredQoN 1251Legislative Council
QuestionView source ↗
OFFENDERS
COMMUNITY CORRECTIONS ACT 1963
1251. Hon STEPHEN DAWSON to the
Attorney General:
(1) When did
the state government first become aware that prisoners with sentences
administered under the Offender Community Correct Services Act 1963 were not
eligible for inclusion in resocialisation programs?
(2) How many
prisoners in Western Australian prisons are not eligible for inclusion in
resocialisation programs?
(3) How many of the prisoners listed in (2) have been
imprisoned without parole for more than 19 years?
(4) Has the
state government commenced drafting legislative amendments that would amend
this oversight; and, if so, when did this commence?
(5) When will
the minister introduce legislative amendments to the Parliament that will
address this oversight?
COMMUNITY CORRECTIONS ACT 1963
1251. Hon STEPHEN DAWSON to the
Attorney General:
(1) When did
the state government first become aware that prisoners with sentences
administered under the Offender Community Correct Services Act 1963 were not
eligible for inclusion in resocialisation programs?
(2) How many
prisoners in Western Australian prisons are not eligible for inclusion in
resocialisation programs?
(3) How many of the prisoners listed in (2) have been
imprisoned without parole for more than 19 years?
(4) Has the
state government commenced drafting legislative amendments that would amend
this oversight; and, if so, when did this commence?
(5) When will
the minister introduce legislative amendments to the Parliament that will
address this oversight?
AnswerView source ↗
I thank the honourable member for
some notice of the question.
(1) The correct
name of the act to which the member is referring is the Offenders Community
Corrections Act 1963. The state government first became aware that prisoners
with sentences administered under the act were not eligible for inclusion in a
resocialisation program on 12 August 2010, following the Supreme Court of
Western Australia and subsequent Court of Appeal ruling in Prisoners Review
Board v Freeman CACV 57 of 2010.
(2) There are 45
prisoners currently managed under the Offenders Community Corrections Act 1963
and therefore not eligible for inclusion in a resocialisation program.
(3) The member should direct this
part of the question to the Minister for Corrective Services.
Hon Stephen Dawson : He's just sent it to you! It's
been redirected during the day! Surely you could have picked that up?
Hon MICHAEL MISCHIN : I think there is an echo.
Several members interjected.
The PRESIDENT : Order, members!
Hon MICHAEL MISCHIN : The answer continues —
(4) Yes. The
current drafting instructions to amend the relevant sections of the Sentence
Administration Act 2003 were completed on 30 July 2014.
(5) A bill
will be introduced as soon as it is complete, noting that Western Australia's
sentencing legislation is complex and that amendments of this nature require
careful consideration.
So far as the bit about the Minister for Corrective Services
being able to give accurate figures as to the number of prisoners who have been
imprisoned for more than 19 years without parole, if in fact the honourable
member has directed that part of the question to the Minister for Corrective
Services and it has been bounced back, then I will look into it and I would be
pleased to provide him with an accurate figure. But the advice I received was
that the information available to us at short notice and capable of being
supplied would not give an accurate result.
some notice of the question.
(1) The correct
name of the act to which the member is referring is the Offenders Community
Corrections Act 1963. The state government first became aware that prisoners
with sentences administered under the act were not eligible for inclusion in a
resocialisation program on 12 August 2010, following the Supreme Court of
Western Australia and subsequent Court of Appeal ruling in Prisoners Review
Board v Freeman CACV 57 of 2010.
(2) There are 45
prisoners currently managed under the Offenders Community Corrections Act 1963
and therefore not eligible for inclusion in a resocialisation program.
(3) The member should direct this
part of the question to the Minister for Corrective Services.
Hon Stephen Dawson : He's just sent it to you! It's
been redirected during the day! Surely you could have picked that up?
Hon MICHAEL MISCHIN : I think there is an echo.
Several members interjected.
The PRESIDENT : Order, members!
Hon MICHAEL MISCHIN : The answer continues —
(4) Yes. The
current drafting instructions to amend the relevant sections of the Sentence
Administration Act 2003 were completed on 30 July 2014.
(5) A bill
will be introduced as soon as it is complete, noting that Western Australia's
sentencing legislation is complex and that amendments of this nature require
careful consideration.
So far as the bit about the Minister for Corrective Services
being able to give accurate figures as to the number of prisoners who have been
imprisoned for more than 19 years without parole, if in fact the honourable
member has directed that part of the question to the Minister for Corrective
Services and it has been bounced back, then I will look into it and I would be
pleased to provide him with an accurate figure. But the advice I received was
that the information available to us at short notice and capable of being
supplied would not give an accurate result.
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