Bills

Statutes Amendment (Sentencing) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 27 September 2017.)

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (19:49): I rise to speak as leader speaker on the Statutes Amendment (Sentencing) Bill 2017 introduced by the Attorney-General on 27 September 2017. The purpose of the bill really is to amend a number of statutes as a result of the major reform under the Sentencing Act 2017, which finally passed this parliament in July this year and which is yet to be operative. Hence, we are still struggling along with the provisions of the old but still effective—effective in the sense of still being applied—Criminal Law (Sentencing) Act 1988.

All I want to say about this is that it is disappointing that, after there had been a major reform presented to the parliament after a very significant task force and consultation in relation to a review of sentencing law in South Australia, as well as the hard work of former judge Sulan of the Supreme Court, who was asked to chair the review of sentencing law, all these months later we are finally dealing with the consequential legislation to progress this new reform. In fact, it is quite outrageous to think that we have had this massive area of reform openly touted by the government as being necessary and which was welcomed by a number of parties, yet the government is dragging the chain on its implementation.

It became clear at the briefing, which I thank officers for providing, that even the draft regulations for this bill have not been prepared. I find it completely unacceptable for a government that said that we needed to reform sentencing law, that we needed to look at intensive home detention and that we needed to look at reform of home detention rules to be so tardy in its implementation. However, we cannot control it. If the government does not want to spend any money on these new initiatives and actually make it happen, then hopefully after March next year there will be a greater and renewed enthusiasm by a new government to make sure that happens.

I acknowledge that judge Sulan has been appointed the chair of the sentencing council, which is fantastic. I think he made a splendid contribution on the Supreme Court. He obviously made a contribution in the reform that we have in the Sentencing Act 2017. I am sure he will undertake his duties well as chair of the sentencing council, but what is the point of asking an eminent person such as judge Sulan to do all that and then not have a law that is actually going to be implemented probably until well into next year? With that, whilst there is no excuse for delay of the commencement of the operation of this legislation, I say that the government has utterly failed us again, and we can only hope that can be remedied next year. We support the bill.

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (19:53): Again, it is a shame that we cannot get through something as routine as this without a little sadness—let's just call it that—but let's be positive. I am a glass half full sort of chap, so can I say this: I do appreciate what I anticipate to be the support of the opposition. Secondly, I agree that we all look forward to March of next year because that is when all this is going to come into full operation. We have left sufficient time for the Magistrates Court, the DPP and SAPOL to all get their systems and everything in alignment.

Yes, this has been a big job. It is not surprising when you are doing something as complex as this that you start off by building the high-level architecture of the thing and then you gradually build down to the very fine grain. You do not start with the fine grain and build up. What we are gradually doing is getting all the detail. Having set the big picture, we are now starting to fill in the fine grain, and that is as it should be.

I am very confident that, at that point in time in March when an excellent government will hopefully be continuing to serve the people of South Australia, there will be in any event a system that has been properly prepared. All the participants will have had plenty of time to work out their respective requirements. Can I say again that ultimately I interpreted what the deputy leader said as supporting the bill. I welcome that and I say thank you.

Bill read a second time.

Third Reading

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (19:55): I move:

That this bill be now read a third time.

Bill read a third time and passed.