❓ Dr. Walker questions the Attorney General regarding the Criminal Property Confiscation Act review by Hon Wayne Martin, focusing on costs, case numbers, confiscated property value, and other delayed legal reviews. The Attorney General's response highlights data limitations and suggests further inquiry.
AnsweredQoN 593Legislative Council
Asked
13 June 2023
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
CRIMINAL PROPERTY
CONFISCATION ACT — MARTIN REVIEW
593. Hon Dr BRIAN WALKER to the parliamentary secretary
representing the Attorney General:
I refer the Attorney General to the
report by Hon Wayne Martin, KC, reviewing the Criminal Property Confiscation
Act, submitted to the Attorney on 19 May 2019, four years or—to be
precise—1 486 days ago.
(1) What was the overall cost to the
taxpayer of this review?
(2) How many confiscation cases have been brought by
the state in those 1 486 days, and what value of property has been
confiscated since the government was advised by Mr Martin that its current
confiscation laws were not fit for purpose?
(3) Are there any
other legal reviews under consideration that have been on the Attorney's
desk for four or more years; and, if so, will he please list them?
CONFISCATION ACT — MARTIN REVIEW
593. Hon Dr BRIAN WALKER to the parliamentary secretary
representing the Attorney General:
I refer the Attorney General to the
report by Hon Wayne Martin, KC, reviewing the Criminal Property Confiscation
Act, submitted to the Attorney on 19 May 2019, four years or—to be
precise—1 486 days ago.
(1) What was the overall cost to the
taxpayer of this review?
(2) How many confiscation cases have been brought by
the state in those 1 486 days, and what value of property has been
confiscated since the government was advised by Mr Martin that its current
confiscation laws were not fit for purpose?
(3) Are there any
other legal reviews under consideration that have been on the Attorney's
desk for four or more years; and, if so, will he please list them?
AnswerView source ↗
I thank the
member for some notice of the question.
(1) The total fee
paid by the state to the reviewer, Hon Wayne Martin, AC, KC, was $36 107.50,
inclusive of GST. The reviewer was assisted by officers of the State Solicitor's
Office in completing the review, and the total time recorded in connection with
the review was 691 hours and 30 minutes.
(2) The Office of the Director of Public Prosecutions
is unable to provide an accurate number of confiscation cases commenced
since 19 May 2019 because cases are predominately commenced by the Western Australia
Police Force obtaining issue of a freezing notice under the Criminal Property
Confiscation Act. There may also be multiple freezing notices issued in one
case, and the ODPP is not necessarily advised of all freezing notices obtained
by the WA Police. Due to the protracted nature of confiscation proceedings, which typically take several years to resolve,
and the delay between when property is confiscated under the Criminal
Property Confiscation Act and when it is ultimately recovered by the state and
paid into the confiscation proceeds account created by the Criminal Property
Confiscation Act, the value of property which has been confiscated since 19 May
2019 to date cannot be obtained without a significant manual review of matters.
If the member wishes to pursue that particular answer, I suggest he puts it on
notice.
(3) No.
member for some notice of the question.
(1) The total fee
paid by the state to the reviewer, Hon Wayne Martin, AC, KC, was $36 107.50,
inclusive of GST. The reviewer was assisted by officers of the State Solicitor's
Office in completing the review, and the total time recorded in connection with
the review was 691 hours and 30 minutes.
(2) The Office of the Director of Public Prosecutions
is unable to provide an accurate number of confiscation cases commenced
since 19 May 2019 because cases are predominately commenced by the Western Australia
Police Force obtaining issue of a freezing notice under the Criminal Property
Confiscation Act. There may also be multiple freezing notices issued in one
case, and the ODPP is not necessarily advised of all freezing notices obtained
by the WA Police. Due to the protracted nature of confiscation proceedings, which typically take several years to resolve,
and the delay between when property is confiscated under the Criminal
Property Confiscation Act and when it is ultimately recovered by the state and
paid into the confiscation proceeds account created by the Criminal Property
Confiscation Act, the value of property which has been confiscated since 19 May
2019 to date cannot be obtained without a significant manual review of matters.
If the member wishes to pursue that particular answer, I suggest he puts it on
notice.
(3) No.
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