❓ Question regarding the government's plan to remove prison sentences of six months or less, and whether this will affect penalties for breaching violence restraining orders, given the increase in domestic violence. The Minister deflects, promising to provide an answer later.
AnsweredQoN 873Legislative Assembly
QuestionView source ↗
I refer the minister to an announcement that he made during estimates committee proceedings last September. He stated - We think that if somebody only warrants a sentence of six months or less, then they should not be in prison . . . prisons should be . . . for serious offenders . . . not for the minor offenders at the lower end of the scale. Given that the Government is currently drafting legislation to implement these changes and that there has been a worrying increase in the incidence of domestic violence in Western Australia in recent times, will the minister confirm that the six-month penalty currently imposed under the Restraining Orders Act 1997 for a breach of an emergency 72-hour violence restraining order will not be abolished? Mr McGINTY
AnswerView source ↗
I thank the member for Nedlands for the question. It has been four months since I was asked a question by a member of the Opposition in this place. I was feeling much unloved. Therefore, I am delighted that it has at long last come. Mr Barnett: Surprise us by giving us an actual answer. We haven’t had an answer from anyone for four months, so this might be the big chance. Mr McGINTY: The second point that I was going to make in answer to this question is that members opposite know that if there is a genuine desire to get an answer to a detailed question such as the one that has just been asked by the member for Nedlands - I am not suggesting there is not such a genuine desire - with some prior notice, I would be able to say yes or no. Parliamentary counsel are drafting the legislation. They are seeking input from every government department on every law under which there is currently a provision for a sentence of six months or less. I have not been briefed on each one of those or had the matter drawn to my attention. I will happily ascertain that information for the member and advise her later this afternoon. However, generally speaking, if members want an answer to a question of that nature, with some advance notice the question can be answered with a yes or no if information of that nature is available. Hundreds of provisions in legislation in Western Australia provide for sentences of six months or less. What will happen to each one of those - whether the sentence will be increased, as will happen in some cases, or whether it will be done away with completely - is a policy decision which will be made and which will be in the legislation when it is brought forward. I am not in a position to answer the question that the member posed on the specific issue of domestic violence. I will find out this afternoon and let her know.
Mr McGINTY replied: I thank the member for Nedlands for the question. It has been four months since I was asked a question by a member of the Opposition in this place. I was feeling much unloved. Therefore, I am delighted that it has at long last come. Mr Barnett: Surprise us by giving us an actual answer. We haven’t had an answer from anyone for four months, so this might be the big chance. Mr McGINTY: The second point that I was going to make in answer to this question is that members opposite know that if there is a genuine desire to get an answer to a detailed question such as the one that has just been asked by the member for Nedlands - I am not suggesting there is not such a genuine desire - with some prior notice, I would be able to say yes or no. Parliamentary counsel are drafting the legislation. They are seeking input from every government department on every law under which there is currently a provision for a sentence of six months or less. I have not been briefed on each one of those or had the matter drawn to my attention. I will happily ascertain that information for the member and advise her later this afternoon. However, generally speaking, if members want an answer to a question of that nature, with some advance notice the question can be answered with a yes or no if information of that nature is available. Hundreds of provisions in legislation in Western Australia provide for sentences of six months or less. What will happen to each one of those - whether the sentence will be increased, as will happen in some cases, or whether it will be done away with completely - is a policy decision which will be made and which will be in the legislation when it is brought forward. I am not in a position to answer the question that the member posed on the specific issue of domestic violence. I will find out this afternoon and let her know.
I thank the member for Nedlands for the question. It has been four months since I was asked a question by a member of the Opposition in this place. I was feeling much unloved. Therefore, I am delighted that it has at long last come. Mr Barnett: Surprise us by giving us an actual answer. We haven’t had an answer from anyone for four months, so this might be the big chance. Mr McGINTY: The second point that I was going to make in answer to this question is that members opposite know that if there is a genuine desire to get an answer to a detailed question such as the one that has just been asked by the member for Nedlands - I am not suggesting there is not such a genuine desire - with some prior notice, I would be able to say yes or no. Parliamentary counsel are drafting the legislation. They are seeking input from every government department on every law under which there is currently a provision for a sentence of six months or less. I have not been briefed on each one of those or had the matter drawn to my attention. I will happily ascertain that information for the member and advise her later this afternoon. However, generally speaking, if members want an answer to a question of that nature, with some advance notice the question can be answered with a yes or no if information of that nature is available. Hundreds of provisions in legislation in Western Australia provide for sentences of six months or less. What will happen to each one of those - whether the sentence will be increased, as will happen in some cases, or whether it will be done away with completely - is a policy decision which will be made and which will be in the legislation when it is brought forward. I am not in a position to answer the question that the member posed on the specific issue of domestic violence. I will find out this afternoon and let her know.
Mr Barnett: Surprise us by giving us an actual answer. We haven’t had an answer from anyone for four months, so this might be the big chance. Mr McGINTY: The second point that I was going to make in answer to this question is that members opposite know that if there is a genuine desire to get an answer to a detailed question such as the one that has just been asked by the member for Nedlands - I am not suggesting there is not such a genuine desire - with some prior notice, I would be able to say yes or no. Parliamentary counsel are drafting the legislation. They are seeking input from every government department on every law under which there is currently a provision for a sentence of six months or less. I have not been briefed on each one of those or had the matter drawn to my attention. I will happily ascertain that information for the member and advise her later this afternoon. However, generally speaking, if members want an answer to a question of that nature, with some advance notice the question can be answered with a yes or no if information of that nature is available. Hundreds of provisions in legislation in Western Australia provide for sentences of six months or less. What will happen to each one of those - whether the sentence will be increased, as will happen in some cases, or whether it will be done away with completely - is a policy decision which will be made and which will be in the legislation when it is brought forward. I am not in a position to answer the question that the member posed on the specific issue of domestic violence. I will find out this afternoon and let her know.
Mr McGINTY: The second point that I was going to make in answer to this question is that members opposite know that if there is a genuine desire to get an answer to a detailed question such as the one that has just been asked by the member for Nedlands - I am not suggesting there is not such a genuine desire - with some prior notice, I would be able to say yes or no. Parliamentary counsel are drafting the legislation. They are seeking input from every government department on every law under which there is currently a provision for a sentence of six months or less. I have not been briefed on each one of those or had the matter drawn to my attention. I will happily ascertain that information for the member and advise her later this afternoon. However, generally speaking, if members want an answer to a question of that nature, with some advance notice the question can be answered with a yes or no if information of that nature is available. Hundreds of provisions in legislation in Western Australia provide for sentences of six months or less. What will happen to each one of those - whether the sentence will be increased, as will happen in some cases, or whether it will be done away with completely - is a policy decision which will be made and which will be in the legislation when it is brought forward. I am not in a position to answer the question that the member posed on the specific issue of domestic violence. I will find out this afternoon and let her know.
Hundreds of provisions in legislation in Western Australia provide for sentences of six months or less. What will happen to each one of those - whether the sentence will be increased, as will happen in some cases, or whether it will be done away with completely - is a policy decision which will be made and which will be in the legislation when it is brought forward. I am not in a position to answer the question that the member posed on the specific issue of domestic violence. I will find out this afternoon and let her know.
Mr McGINTY replied: I thank the member for Nedlands for the question. It has been four months since I was asked a question by a member of the Opposition in this place. I was feeling much unloved. Therefore, I am delighted that it has at long last come. Mr Barnett: Surprise us by giving us an actual answer. We haven’t had an answer from anyone for four months, so this might be the big chance. Mr McGINTY: The second point that I was going to make in answer to this question is that members opposite know that if there is a genuine desire to get an answer to a detailed question such as the one that has just been asked by the member for Nedlands - I am not suggesting there is not such a genuine desire - with some prior notice, I would be able to say yes or no. Parliamentary counsel are drafting the legislation. They are seeking input from every government department on every law under which there is currently a provision for a sentence of six months or less. I have not been briefed on each one of those or had the matter drawn to my attention. I will happily ascertain that information for the member and advise her later this afternoon. However, generally speaking, if members want an answer to a question of that nature, with some advance notice the question can be answered with a yes or no if information of that nature is available. Hundreds of provisions in legislation in Western Australia provide for sentences of six months or less. What will happen to each one of those - whether the sentence will be increased, as will happen in some cases, or whether it will be done away with completely - is a policy decision which will be made and which will be in the legislation when it is brought forward. I am not in a position to answer the question that the member posed on the specific issue of domestic violence. I will find out this afternoon and let her know.
I thank the member for Nedlands for the question. It has been four months since I was asked a question by a member of the Opposition in this place. I was feeling much unloved. Therefore, I am delighted that it has at long last come. Mr Barnett: Surprise us by giving us an actual answer. We haven’t had an answer from anyone for four months, so this might be the big chance. Mr McGINTY: The second point that I was going to make in answer to this question is that members opposite know that if there is a genuine desire to get an answer to a detailed question such as the one that has just been asked by the member for Nedlands - I am not suggesting there is not such a genuine desire - with some prior notice, I would be able to say yes or no. Parliamentary counsel are drafting the legislation. They are seeking input from every government department on every law under which there is currently a provision for a sentence of six months or less. I have not been briefed on each one of those or had the matter drawn to my attention. I will happily ascertain that information for the member and advise her later this afternoon. However, generally speaking, if members want an answer to a question of that nature, with some advance notice the question can be answered with a yes or no if information of that nature is available. Hundreds of provisions in legislation in Western Australia provide for sentences of six months or less. What will happen to each one of those - whether the sentence will be increased, as will happen in some cases, or whether it will be done away with completely - is a policy decision which will be made and which will be in the legislation when it is brought forward. I am not in a position to answer the question that the member posed on the specific issue of domestic violence. I will find out this afternoon and let her know.
Mr Barnett: Surprise us by giving us an actual answer. We haven’t had an answer from anyone for four months, so this might be the big chance. Mr McGINTY: The second point that I was going to make in answer to this question is that members opposite know that if there is a genuine desire to get an answer to a detailed question such as the one that has just been asked by the member for Nedlands - I am not suggesting there is not such a genuine desire - with some prior notice, I would be able to say yes or no. Parliamentary counsel are drafting the legislation. They are seeking input from every government department on every law under which there is currently a provision for a sentence of six months or less. I have not been briefed on each one of those or had the matter drawn to my attention. I will happily ascertain that information for the member and advise her later this afternoon. However, generally speaking, if members want an answer to a question of that nature, with some advance notice the question can be answered with a yes or no if information of that nature is available. Hundreds of provisions in legislation in Western Australia provide for sentences of six months or less. What will happen to each one of those - whether the sentence will be increased, as will happen in some cases, or whether it will be done away with completely - is a policy decision which will be made and which will be in the legislation when it is brought forward. I am not in a position to answer the question that the member posed on the specific issue of domestic violence. I will find out this afternoon and let her know.
Mr McGINTY: The second point that I was going to make in answer to this question is that members opposite know that if there is a genuine desire to get an answer to a detailed question such as the one that has just been asked by the member for Nedlands - I am not suggesting there is not such a genuine desire - with some prior notice, I would be able to say yes or no. Parliamentary counsel are drafting the legislation. They are seeking input from every government department on every law under which there is currently a provision for a sentence of six months or less. I have not been briefed on each one of those or had the matter drawn to my attention. I will happily ascertain that information for the member and advise her later this afternoon. However, generally speaking, if members want an answer to a question of that nature, with some advance notice the question can be answered with a yes or no if information of that nature is available. Hundreds of provisions in legislation in Western Australia provide for sentences of six months or less. What will happen to each one of those - whether the sentence will be increased, as will happen in some cases, or whether it will be done away with completely - is a policy decision which will be made and which will be in the legislation when it is brought forward. I am not in a position to answer the question that the member posed on the specific issue of domestic violence. I will find out this afternoon and let her know.
Hundreds of provisions in legislation in Western Australia provide for sentences of six months or less. What will happen to each one of those - whether the sentence will be increased, as will happen in some cases, or whether it will be done away with completely - is a policy decision which will be made and which will be in the legislation when it is brought forward. I am not in a position to answer the question that the member posed on the specific issue of domestic violence. I will find out this afternoon and let her know.
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