Mr. Simpson questions the Minister regarding a ward of the state being placed in the care of a convicted sex offender and the Department's internal checking procedures, despite drafting stringent child protection legislation. The Minister acknowledges the error and outlines measures being taken to review and improve the system.

AnsweredQoN 456Legislative Assembly
Asked
31 August 2005
Portfolio
Community Development

QuestionView source ↗

I refer to the minister’s comments in the second reading speech for the Working With Children (Criminal Record Checking) Bill on 20 October 2004, which states - The public is demanding that action be taken to screen people who work with children. This Government will not tolerate persons who prey on innocent children, and this legislation will put in place the tough measures that are needed to protect children from persons with criminal histories from seeking out workplaces in which there is access to children. (1) How did a ward of the state end up in the sole company of a convicted sex offender? (2) Given that the minister’s department has been responsible for drafting this legislation, which impacts on volunteers who work with children, why has it failed to implement rigorous internal checking procedures itself? Ms S.M. McHALE

AnswerView source ↗

I thank the member for his question. (1)-(2) I made a brief ministerial statement today on the circumstances of this case. I made it very clear that this was an indefensible action by the department, and that the department had seriously erred in its practice. This was very distressing for the family. Western Australia’s legislation is the most thorough in the nation, because it includes not only convictions, but also spent convictions, pending charges and past charges. That last element makes this the most stringent legislation in the nation. We will be able to refer to previous charges for which a conviction was not secured. That is a very important element in the legislation. It enables us to pick up on patterns of behaviour of paedophiles. The member knows as well as I do that paedophiles are very slippery people. It is very difficult to secure a conviction in many instances, and we need to be able to refer to their criminal history and their pattern of behaviour so that we have the best possible intelligence. I will make the point, however, that, notwithstanding this most stringent piece of legislation, no government can guarantee that every person will be picked up. It is important to make clear that Western Australia has the best and most stringent legislation. We will also need employers to be vigilant and adopt very good recruitment and retention processes. I have already made my comments about the incident reported in The West Australian . It was a serious error. I have asked the department to conclude its review as quickly as possible to ensure that, firstly, the system is robust and, secondly, it report on what further action is needed to make sure that this does not happen again.
(2) Given that the minister’s department has been responsible for drafting this legislation, which impacts on volunteers who work with children, why has it failed to implement rigorous internal checking procedures itself? Ms S.M. McHALE replied: I thank the member for his question. (1)-(2) I made a brief ministerial statement today on the circumstances of this case. I made it very clear that this was an indefensible action by the department, and that the department had seriously erred in its practice. This was very distressing for the family. Western Australia’s legislation is the most thorough in the nation, because it includes not only convictions, but also spent convictions, pending charges and past charges. That last element makes this the most stringent legislation in the nation. We will be able to refer to previous charges for which a conviction was not secured. That is a very important element in the legislation. It enables us to pick up on patterns of behaviour of paedophiles. The member knows as well as I do that paedophiles are very slippery people. It is very difficult to secure a conviction in many instances, and we need to be able to refer to their criminal history and their pattern of behaviour so that we have the best possible intelligence. I will make the point, however, that, notwithstanding this most stringent piece of legislation, no government can guarantee that every person will be picked up. It is important to make clear that Western Australia has the best and most stringent legislation. We will also need employers to be vigilant and adopt very good recruitment and retention processes. I have already made my comments about the incident reported in The West Australian . It was a serious error. I have asked the department to conclude its review as quickly as possible to ensure that, firstly, the system is robust and, secondly, it report on what further action is needed to make sure that this does not happen again.
Ms S.M. McHALE replied: I thank the member for his question. (1)-(2) I made a brief ministerial statement today on the circumstances of this case. I made it very clear that this was an indefensible action by the department, and that the department had seriously erred in its practice. This was very distressing for the family. Western Australia’s legislation is the most thorough in the nation, because it includes not only convictions, but also spent convictions, pending charges and past charges. That last element makes this the most stringent legislation in the nation. We will be able to refer to previous charges for which a conviction was not secured. That is a very important element in the legislation. It enables us to pick up on patterns of behaviour of paedophiles. The member knows as well as I do that paedophiles are very slippery people. It is very difficult to secure a conviction in many instances, and we need to be able to refer to their criminal history and their pattern of behaviour so that we have the best possible intelligence. I will make the point, however, that, notwithstanding this most stringent piece of legislation, no government can guarantee that every person will be picked up. It is important to make clear that Western Australia has the best and most stringent legislation. We will also need employers to be vigilant and adopt very good recruitment and retention processes. I have already made my comments about the incident reported in The West Australian . It was a serious error. I have asked the department to conclude its review as quickly as possible to ensure that, firstly, the system is robust and, secondly, it report on what further action is needed to make sure that this does not happen again.
I thank the member for his question. (1)-(2) I made a brief ministerial statement today on the circumstances of this case. I made it very clear that this was an indefensible action by the department, and that the department had seriously erred in its practice. This was very distressing for the family. Western Australia’s legislation is the most thorough in the nation, because it includes not only convictions, but also spent convictions, pending charges and past charges. That last element makes this the most stringent legislation in the nation. We will be able to refer to previous charges for which a conviction was not secured. That is a very important element in the legislation. It enables us to pick up on patterns of behaviour of paedophiles. The member knows as well as I do that paedophiles are very slippery people. It is very difficult to secure a conviction in many instances, and we need to be able to refer to their criminal history and their pattern of behaviour so that we have the best possible intelligence. I will make the point, however, that, notwithstanding this most stringent piece of legislation, no government can guarantee that every person will be picked up. It is important to make clear that Western Australia has the best and most stringent legislation. We will also need employers to be vigilant and adopt very good recruitment and retention processes. I have already made my comments about the incident reported in The West Australian . It was a serious error. I have asked the department to conclude its review as quickly as possible to ensure that, firstly, the system is robust and, secondly, it report on what further action is needed to make sure that this does not happen again.
(1)-(2) I made a brief ministerial statement today on the circumstances of this case. I made it very clear that this was an indefensible action by the department, and that the department had seriously erred in its practice. This was very distressing for the family. Western Australia’s legislation is the most thorough in the nation, because it includes not only convictions, but also spent convictions, pending charges and past charges. That last element makes this the most stringent legislation in the nation. We will be able to refer to previous charges for which a conviction was not secured. That is a very important element in the legislation. It enables us to pick up on patterns of behaviour of paedophiles. The member knows as well as I do that paedophiles are very slippery people. It is very difficult to secure a conviction in many instances, and we need to be able to refer to their criminal history and their pattern of behaviour so that we have the best possible intelligence. I will make the point, however, that, notwithstanding this most stringent piece of legislation, no government can guarantee that every person will be picked up. It is important to make clear that Western Australia has the best and most stringent legislation. We will also need employers to be vigilant and adopt very good recruitment and retention processes. I have already made my comments about the incident reported in The West Australian . It was a serious error. I have asked the department to conclude its review as quickly as possible to ensure that, firstly, the system is robust and, secondly, it report on what further action is needed to make sure that this does not happen again.
I have asked the department to conclude its review as quickly as possible to ensure that, firstly, the system is robust and, secondly, it report on what further action is needed to make sure that this does not happen again.

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