❓ Opposition questions the Minister for Corrective Services about the disparity in accountability standards between prison officers and members of Parliament, particularly regarding self-incrimination and potential misconduct. The Minister defends the higher standard for prison officers due to their powers of deprivation of liberty and use of force.
AnsweredQoN 293Legislative Assembly
QuestionView source ↗
CORRECTIVE SERVICES — PRISON OFFICERS
LEGISLATION
293. Mr P. PAPALIA to the
Minister for Corrective Services:
I refer the Minister for Corrective
Services to legislation he introduced last month which will result in prison
officers being subjected to a $4 000 fine or penalty of 12 months'
imprisonment, or both, in the event they refuse to answer questions that might
incriminate them in relation to misconduct.
(1) Can the
minister confirm that members of Parliament will be held to the same standards
that he is trying to impose on prison officers?
(2) If not,
will he explain the difference between a prison officer and a member of Parliament
in such circumstances?
LEGISLATION
293. Mr P. PAPALIA to the
Minister for Corrective Services:
I refer the Minister for Corrective
Services to legislation he introduced last month which will result in prison
officers being subjected to a $4 000 fine or penalty of 12 months'
imprisonment, or both, in the event they refuse to answer questions that might
incriminate them in relation to misconduct.
(1) Can the
minister confirm that members of Parliament will be held to the same standards
that he is trying to impose on prison officers?
(2) If not,
will he explain the difference between a prison officer and a member of Parliament
in such circumstances?
AnswerView source ↗
I thank the member for the question.
(1)–(2)
This side of the house, the government, supports a certain standard being
applied to prison officers for a reason.
Mr P. Papalia : But
not to drunk-driving members of Parliament!
Mr J.M. FRANCIS :
Just shush and let me answer! There is a big difference between prison officers
and police officers, whom it also applies to—it is modelled on that —
Mr P. Papalia : And
youth custodial officers.
The SPEAKER :
Member for Warnbro, I call you to order for the second time.
Mr J.M. FRANCIS : I
mentioned this many, many times when we went through consideration in detail of
the Custodial Legislation (Officers
Discipline) Amendment Bill 2013. It is very simple: p rison officers and
youth custodial officers, like police officers, have certain powers that no-one
else in the community in Western Australia has—that is, deprivation of
liberty and use of force. When people are empowered with those particular
powers over other people, I expect them to be accountable to a certain
standard, and I expect them to —
Mr M. McGowan : The
transport minister has no power? Seriously!
Mr J.M. FRANCIS : I
do not know the last time that a member of Parliament had the ability to use
force or detain people. I did not know that we could do that, but maybe I am
mistaken.
Several members interjected.
The SPEAKER : I am
going to warn every member that if they continue to shout out, they will be
asked to leave the chamber. I do not want to have to do it; but if I have to do
it, I will do it.
Mr J.M. FRANCIS : A
very simple answer, member for Warnbro: use of force, and deprivation of
liberty.
(1)–(2)
This side of the house, the government, supports a certain standard being
applied to prison officers for a reason.
Mr P. Papalia : But
not to drunk-driving members of Parliament!
Mr J.M. FRANCIS :
Just shush and let me answer! There is a big difference between prison officers
and police officers, whom it also applies to—it is modelled on that —
Mr P. Papalia : And
youth custodial officers.
The SPEAKER :
Member for Warnbro, I call you to order for the second time.
Mr J.M. FRANCIS : I
mentioned this many, many times when we went through consideration in detail of
the Custodial Legislation (Officers
Discipline) Amendment Bill 2013. It is very simple: p rison officers and
youth custodial officers, like police officers, have certain powers that no-one
else in the community in Western Australia has—that is, deprivation of
liberty and use of force. When people are empowered with those particular
powers over other people, I expect them to be accountable to a certain
standard, and I expect them to —
Mr M. McGowan : The
transport minister has no power? Seriously!
Mr J.M. FRANCIS : I
do not know the last time that a member of Parliament had the ability to use
force or detain people. I did not know that we could do that, but maybe I am
mistaken.
Several members interjected.
The SPEAKER : I am
going to warn every member that if they continue to shout out, they will be
asked to leave the chamber. I do not want to have to do it; but if I have to do
it, I will do it.
Mr J.M. FRANCIS : A
very simple answer, member for Warnbro: use of force, and deprivation of
liberty.
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