Legislative Council: Tuesday, July 26, 2016

Contents

Rigney, Mr R.G.

The Hon. S.G. WADE (14:47): My questions are to the Minister for Correctional Services. I ask the minister:

1. When the minister says that he would not have needed to provide today's ministerial statement if the Department for Correctional Services had taken Mr Rigney to a secure place while any paperwork was issued, is he suggesting that Mr Rigney should have been restrained from leaving that secure place if he chose to do so and, if so, by what authority?

2. Why did the accommodation manager at Yatala prison form the view that SAPOL would transport Mr Rigney to Yatala Labour Prison, given that the Department for Correctional Services had made it clear that they did not believe they had the lawful authority to detain him?

3. When the minister stated that, and I quote, 'Eventually the legal authority to imprison Mr Rigney was realised,' when did that realisation dawn on the department?

4. Is Mr Rigney currently in breach of his bail conditions?

5. Is Mr Rigney currently unlawfully at large?

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (14:49): I will try to deal with those in the order in which the honourable member has asked them. In regard to the first part of his question, I was simply making the point in my statement, which I will consistently refer back to in my remarks, that, had DCS put the gentleman in a secure facility while they were assessing his paperwork, then he wouldn't have been able to leave. It is just a statement of the obvious.

I think the second part of your question was regarding the communication between SAPOL and DCS. I have been advised that there was some form of miscommunication, and I understand the fault of that miscommunication was at the DCS end in regard to how they got the impression that Mr Rigney was being transported. Regarding the third question, help me out—

The Hon. S.G. Wade: When did they finally realise that he should have been in legal authority?

The Hon. P. MALINAUSKAS: My advice is that it was at some point in or around Mr Rigney being at Holden Hill, or just after he departed Holden Hill, that that conclusion was drawn. I am advised it was after Mr Rigney had departed Yatala Labour Prison. Regarding whether or not he was in breach of bail, that is a matter for the courts. In regard to your last question, yes; I am advised that he is unlawfully at large.