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❓ Hon Nick Goiran asks the Attorney General about the DPP's application of hardship considerations in property confiscation proceedings. The DPP confirms hardship is considered, but precise data is not readily available.

AnsweredQoN 571Legislative Council

Asked

11 September 2025

Member

Hon Nick Goiran

Portfolio

Attorney General

QuestionView source ↗

I refer to the Director of Public Prosecution's (DPP) Criminal Property Confiscation Act 2000 (WA) Guidelines which state that due regard should be given to ensuring, as far as possible, that third parties do not suffer undue hardship, and I ask: (a) have there been instances in the last five years where the DPP has refrained from or discontinued confiscation proceedings due to the potential to cause undue hardship to a third party; (b) if yes to (a), on how many occasions; and (c) further to (a), have there been instances during this period where the extent of an interest of a third party has been determined and excluded from confiscation proceedings?

AnswerView source ↗

Answered

14 October 2025

Responded by

Parliamentary Secretary to the Attorney General

Response time

4 days

(a) Yes.
(b) The Office of the Director of Public Prosecutions does not collect data in a way that allows the question to be accurately answered without manual review every file.
(c) Yes.

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