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  <name>House of Assembly</name>
  <date date="2011-09-29" />
  <sessionName>Fifty-Second Parliament, First Session (52-1)</sessionName>
  <parliamentNum>52</parliamentNum>
  <sessionNum>1</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>House of Assembly</house>
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  <reviewStage>published</reviewStage>
  <startPage num="5211" />
  <endPage num="5279" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Question Time</name>
    <subject>
      <name>Criminal Appeals</name>
      <text id="201109291810c86215d741a9b0000627">
        <heading>CRIMINAL APPEALS</heading>
      </text>
      <talker role="member" id="546" kind="question">
        <name>Mr WILLIAMS</name>
        <house>House of Assembly</house>
        <electorate id="">MacKillop</electorate>
        <portfolios>
          <portfolio id="">
            <name>Deputy Leader of the Opposition</name>
          </portfolio>
        </portfolios>
        <questions>
          <question date="2011-09-29">
            <name>CRIMINAL APPEALS</name>
          </question>
        </questions>
        <startTime time="2011-09-29T14:55:00" />
        <text id="201109291810c86215d741a9b0000628">
          <timeStamp time="2011-09-29T14:55:00" />
          <by role="member" id="546">Mr WILLIAMS (MacKillop—Deputy Leader of the Opposition) (14:55):</by>  My question is to the Attorney-General. Given that a police officer advised the victim in the Malcolm Fox case that over the last 40 years they had never seen a teacher receive a suspended sentence for child sex offences, can the minister confirm that police requested that the DPP appeal the sentence in that case?</text>
      </talker>
      <talker role="member" id="1810" kind="answer">
        <name>The Hon. J.R. RAU</name>
        <house>House of Assembly</house>
        <electorate id="">Enfield</electorate>
        <portfolios>
          <portfolio id="">
            <name>Deputy Premier</name>
          </portfolio>
          <portfolio id="">
            <name>Attorney-General</name>
          </portfolio>
          <portfolio id="">
            <name>Minister for Justice</name>
          </portfolio>
          <portfolio id="">
            <name>Minister for Urban Development</name>
          </portfolio>
          <portfolio id="">
            <name>Minister for Tourism</name>
          </portfolio>
          <portfolio id="">
            <name>Minister for Food Marketing</name>
          </portfolio>
        </portfolios>
        <questions>
          <question date="2011-09-29">
            <name>CRIMINAL APPEALS</name>
          </question>
        </questions>
        <startTime time="2011-09-29T14:56:00" />
        <text id="201109291810c86215d741a9b0000629">
          <timeStamp time="2011-09-29T14:56:00" />
          <by role="member" id="1810">The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice, Minister for Urban Development, Planning and the City of Adelaide, Minister for Tourism, Minister for Food Marketing) (14:56):</by>  I thought we dealt with this earlier in the week, but I think perhaps the deputy leader, in asking the question, is saying more about himself than the people he is asking about. Anyway, let me go back to the point I made previously.</text>
        <text id="201109291810c86215d741a9b0000630">We have in South Australia a person called the Director of Public Prosecutions. The Director of Public Prosecutions is an independent statutory officer. The director's job, amongst other things, is to consider whether or not there is sufficient evidence in a particular case to warrant prosecution and, if so, to launch that prosecution. In the case of a decision of the court which needs to be reviewed as to whether or not an appeal should be lodged, it is the director's discretion that is exercised in relation to that decision. I understand the particular case which the deputy leader keeps wanting to refer to, and I think I'm not puzzled as to why, and the wisdom of this I question but, anyway, I will keep going. </text>
        <text id="201109291810c86215d741a9b0000631">The situation is this: the Director of Public Prosecutions has considered this matter. The Director of Public Prosecutions has spoken, as I understand it, to the individual concerned (the complainant), and, I believe, the complainant's mother or other members of the complainant's family, although I was not present and therefore can't say exactly who was there. A full explanation, I believe, was given to those people. That is where my involvement in this matter begins and ends. Requests in relation to these matters do not come to me.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>