❓ Hon Nick Goiran asks whether WA magistrates are trained to avoid deportation when sentencing migrant criminals. The Attorney General affirms judicial independence and adherence to WA law.
AnsweredQoN 1445Legislative Council
Asked
12 November 2024
Member
Portfolio
parliamentary secretary representing the Attorney General
QuestionView source ↗
MAGISTRATES —
TRAINING
1445. Hon NICK GOIRAN to the parliamentary secretary
representing the Attorney General:
I refer to the recent revelation
that magistrates in Victoria received training on how to sentence migrant
criminals to avoid them being deported.
(1) Has the
minister taken steps to satisfy himself that such training and its
consequential sentencing practice have not occurred in our state?
(2) If yes to (1), what steps has he
taken?
(3) When did he last discuss this
matter with the federal Attorney-General?
(4) Will he table the last briefing
note the department prepared about this issue?
(5) If no to (1) or (4), why not?
TRAINING
1445. Hon NICK GOIRAN to the parliamentary secretary
representing the Attorney General:
I refer to the recent revelation
that magistrates in Victoria received training on how to sentence migrant
criminals to avoid them being deported.
(1) Has the
minister taken steps to satisfy himself that such training and its
consequential sentencing practice have not occurred in our state?
(2) If yes to (1), what steps has he
taken?
(3) When did he last discuss this
matter with the federal Attorney-General?
(4) Will he table the last briefing
note the department prepared about this issue?
(5) If no to (1) or (4), why not?
AnswerView source ↗
I thank the honourable member for
some notice of the question. The following answer has been provided to me by
the Attorney General.
(1)–(5) It
is the expectation of the Attorney General that any sentencing decisions made
by the judiciary in Western Australia will be in accordance with the laws of Western
Australia. As the member is aware, it would be a breach of the separation of
powers doctrine for any Attorney General to attempt to direct a judicial
officer to undertake or not undertake training. Unlike those opposite, this
government respects the independence of the judiciary.
some notice of the question. The following answer has been provided to me by
the Attorney General.
(1)–(5) It
is the expectation of the Attorney General that any sentencing decisions made
by the judiciary in Western Australia will be in accordance with the laws of Western
Australia. As the member is aware, it would be a breach of the separation of
powers doctrine for any Attorney General to attempt to direct a judicial
officer to undertake or not undertake training. Unlike those opposite, this
government respects the independence of the judiciary.
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