<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="4.0" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML">
  <name>Legislative Council</name>
  <date date="2023-06-13T14:15:00+09:30" />
  <sessionName>Fifty-Fifth Parliament, First Session (55-1)</sessionName>
  <parliamentNum>55</parliamentNum>
  <sessionNum>1</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="3045" />
  <endPage num="3096" />
  <dateModified time="2023-07-06T10:10:03+09:30" />
  <proceeding continued="true">
    <name>Question Time</name>
    <subject>
      <name>Treatment of Prisoners</name>
      <text id="202306136a49918f8d5c4b0ca0000255">
        <heading>Treatment of Prisoners</heading>
      </text>
      <talker role="member" id="3126" referenceid="5c423631416444aeb0c7e273b130ee55" kind="question">
        <name>The Hon. D.G.E. HOOD</name>
        <house>Legislative Council</house>
        <questions>
          <question date="2023-06-13T04:45:00+09:30">
            <name>Treatment of Prisoners</name>
          </question>
        </questions>
        <startTime time="2023-06-13T15:21:54+09:30" />
        <text id="202306136a49918f8d5c4b0ca0000256">
          <timeStamp time="2023-06-13T15:21:54+09:30" />
          <by role="member" id="3126" referenceid="5c423631416444aeb0c7e273b130ee55">The Hon. D.G.E. HOOD (15:21):</by>  I seek leave to make a brief explanation before asking questions of the Attorney-General regarding the treatment of prisoners in South Australia.</text>
        <text id="202306136a49918f8d5c4b0ca0000257">Leave granted.</text>
      </talker>
      <talker role="member" id="3126" referenceid="5c423631416444aeb0c7e273b130ee55" kind="question" continued="true">
        <name>The Hon. D.G.E. HOOD</name>
        <house>Legislative Council</house>
        <text id="202306136a49918f8d5c4b0ca0000258">
          <by role="member" id="3126" referenceid="5c423631416444aeb0c7e273b130ee55">The Hon. D.G.E. HOOD:</by>  Last week, it was reported that Mr Aaron Daniele was awarded some $107,500 after he sued the state government for breaching its duty of care towards him. Apparently he had suffered post-traumatic stress disorder after being incarcerated in Yatala's G Division in Northfield in 2017. My questions to the attorney are:</text>
        <text id="202306136a49918f8d5c4b0ca0000259">1.&amp;#x9;Does the case presented by Mr Daniele in claiming such a significant amount of money from the state government for apparent stress caused by his incarceration create a precedent where any past or indeed current prisoner of Yatala's G Division may also be suitable for such a claim?</text>
        <text id="202306136a49918f8d5c4b0ca0000260">2.&amp;#x9;Is the Attorney-General satisfied that this is the best use of $107,500 of South Australian taxpayers' funds?</text>
        <text id="202306136a49918f8d5c4b0ca0000261">The Attorney may want to take the next one on notice:</text>
        <text id="202306136a49918f8d5c4b0ca0000262">3.&amp;#x9;How many payments have been made to prisoners under these same provisions in the last two years?</text>
        <text id="202306136a49918f8d5c4b0ca0000263">4.&amp;#x9;Will the state government assist the victims of Mr Daniele's crimes in accessing at least some of this payment as potential partial compensation for their suffering as a result of his crimes?</text>
      </talker>
      <talker role="member" id="4697" referenceid="c1607c57d2294390bdc2b07c15f35010" kind="answer">
        <name>The Hon. K.J. MAHER</name>
        <house>Legislative Council</house>
        <portfolios>
          <portfolio id="">
            <name>Minister for Aboriginal Affairs</name>
          </portfolio>
          <portfolio id="">
            <name>Attorney-General</name>
          </portfolio>
          <portfolio id="">
            <name>Minister for Industrial Relations and Public Sector</name>
          </portfolio>
        </portfolios>
        <startTime time="2023-06-13T15:23:14+09:30" />
        <text id="202306136a49918f8d5c4b0ca0000264">
          <timeStamp time="2023-06-13T15:23:14+09:30" />
          <by role="member" id="4697" referenceid="c1607c57d2294390bdc2b07c15f35010">The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:23):</by>  I thank the honourable member for his question. I will have to refer some of that to the corrections minister, who will have better details than me about matters that affect prisoners. I will take it partially on notice, but I will say that every claim that is made in civil litigation turns on the very specific facts of that claim. One claim does not set a precedent for generalised future claims, given they all turn on individual facts. I am happy to consult with my colleague the minister for corrections to answer the question the honourable member has asked about whether there are figures about any other such matters.</text>
        <page num="3060" />
        <text id="202306136a49918f8d5c4b0ca0000265">In relation to victims of crime, generally where someone qualifies for a victims of crime payment what usually happens is that the state, out of the Victims of Crime Fund—which is made up from the levies that are applied when someone is convicted of an offence or put onto an expiation notice—the victims of crime and sometimes family members are awarded payments from that fund and then the state has a right to recover, in the general course of things, from the offender.</text>
        <text id="202306136a49918f8d5c4b0ca0000266">In that respect, I am happy to have a look at this individual case because it may be possible that with that right of the state to recover from the offender that is possible, but I will have to get some advice for the honourable member on that.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>