❓ Mr. Staltari questions the Attorney General about the Commissioner of Corrective Services' decision to limit electronic monitoring to the Perth metro area. The Attorney General's response focuses on the Bail Act and the role of judicial officers in granting bail, highlighting increased safety due to recent legislation and investment in electronic monitoring across the state.
AnsweredQoN 81Legislative Assembly
QuestionView source ↗
Electronic monitoring
81. Mr Liam Staltari to the Attorney General:
I refer to the decision by the Commissioner of Corrective
Services that corrections will not recommend or support the use of electronic monitoring
in any location other than the Perth metropolitan area.
(1) Is the Attorney General aware of this
decision, which was formally communicated to the Chief Magistrate, a District
Court judge and the Commissioner for Victims of Crime?
(2) If yes, was the Attorney General briefed on
this decision and, if so, by whom and when?
81. Mr Liam Staltari to the Attorney General:
I refer to the decision by the Commissioner of Corrective
Services that corrections will not recommend or support the use of electronic monitoring
in any location other than the Perth metropolitan area.
(1) Is the Attorney General aware of this
decision, which was formally communicated to the Chief Magistrate, a District
Court judge and the Commissioner for Victims of Crime?
(2) If yes, was the Attorney General briefed on
this decision and, if so, by whom and when?
AnswerView source ↗
(1)–(2) As the Minister for Police and
also the Minister for Corrective Services stated, we now live in a much safer
state as a result of the legislation that we passed last year. As the Minister
for Corrective Services also mentioned, there has been subsequent advice from
the Commissioner of Corrective Services to the various judicial branches.
In
regard to the legislation, members opposite have to understand—I think
this is something they have forgotten—the Bail Act remains in place
for the process. Therefore, the judicial officer has to determine whether the
person standing in front of them should be granted bail, irrelevant to
electronic monitoring. They have to determine whether the person should be
granted bail and the conditions of bail. If they are there for a domestic
violence offence, it is mandated that electronic monitoring will take place,
but that is not the reason why bail would be granted. Bail would be granted
because the judicial officer will have determined that the person in front of
them should be granted bail with certain conditions, and it would then be
mandated that electronic monitoring takes place.
Mr Basil Zempilas interjected.
The Speaker : Leader of
the Opposition!
Dr Tony Buti: As has already been stated, monitoring
takes place across the state 24/7 by Department of Justice staff alongside the
Western Australia Police Force at the State Operations Command Centre.
Mr Basil Zempilas interjected.
The Speaker : Leader of
the Opposition, please desist from your interjections. This is your question.
Dr Tony Buti: When there are technical issues with
electronic monitoring, such as faulty equipment, there is a 24/7 response in
the Perth metro area and also regional WA. The laws also allow police to arrest
for a breach without a warrant. This government has provided $42 million to the
Department of Justice and the Western Australia Police Force to implement the
act. The reforms that were made last year to the Bail Act under the Family Violence
Legislation Reform Act make Western Australia a safer place today than it had
been prior to that. But opposition members have to remember, which is something
they seem to forget, the granting of bail is not dependent on electronic
monitoring; that is an additional condition that is imposed on certain alleged
offenders, such as domestic violence offenders.
also the Minister for Corrective Services stated, we now live in a much safer
state as a result of the legislation that we passed last year. As the Minister
for Corrective Services also mentioned, there has been subsequent advice from
the Commissioner of Corrective Services to the various judicial branches.
In
regard to the legislation, members opposite have to understand—I think
this is something they have forgotten—the Bail Act remains in place
for the process. Therefore, the judicial officer has to determine whether the
person standing in front of them should be granted bail, irrelevant to
electronic monitoring. They have to determine whether the person should be
granted bail and the conditions of bail. If they are there for a domestic
violence offence, it is mandated that electronic monitoring will take place,
but that is not the reason why bail would be granted. Bail would be granted
because the judicial officer will have determined that the person in front of
them should be granted bail with certain conditions, and it would then be
mandated that electronic monitoring takes place.
Mr Basil Zempilas interjected.
The Speaker : Leader of
the Opposition!
Dr Tony Buti: As has already been stated, monitoring
takes place across the state 24/7 by Department of Justice staff alongside the
Western Australia Police Force at the State Operations Command Centre.
Mr Basil Zempilas interjected.
The Speaker : Leader of
the Opposition, please desist from your interjections. This is your question.
Dr Tony Buti: When there are technical issues with
electronic monitoring, such as faulty equipment, there is a 24/7 response in
the Perth metro area and also regional WA. The laws also allow police to arrest
for a breach without a warrant. This government has provided $42 million to the
Department of Justice and the Western Australia Police Force to implement the
act. The reforms that were made last year to the Bail Act under the Family Violence
Legislation Reform Act make Western Australia a safer place today than it had
been prior to that. But opposition members have to remember, which is something
they seem to forget, the granting of bail is not dependent on electronic
monitoring; that is an additional condition that is imposed on certain alleged
offenders, such as domestic violence offenders.
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