Proceeds of Crime Legislation

The Hon. H.M. GIROLAMO (14:47): I seek leave to make a brief explanation before asking the Attorney a question on proceeds of crime legislation.

Leave granted.

The Hon. H.M. GIROLAMO: Reports this week that, on the death of convicted murderer Peter Rex Dansie, state prosecutors are reportedly still pursuing his estate. This includes half of his family home, with prosecutors arguing that it was a proceed of crime because Dansie had killed his wife to take possession of it. I note that Judge Dart of the Supreme Court was surprised to learn that prosecutors were still pursuing the case against the Dansie estate. Judge Dart noted:

Now, you're left with the situation where Mrs Dansie's son has lost his mother in horrible circumstances and you're seeking to take his inheritance.

Further, he is quoted as saying:

Legally you may have the power to proceed, but now he's passed there's no prospect of him benefiting from his offence.

My questions to the Attorney are:

1. In light of the details provided, will the Attorney consider amendments or reform to ensure that a similar tragic situation would not occur in the end, that is, children of a murder victim having to contest state prosecutors for their inheritance when the perpetrator had died and therefore cannot benefit from the crime?

2. Currently, is there an opportunity for discretion in such cases so the state prosecutors do not pursue this?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:49): I will keep my comments quite general as there are specific proceedings on foot that have been reported quite widely in the media. I think it might be best that I take most of that on notice and bring back a considered answer. Regularly in proceedings the Office of the Director of Public Prosecutions takes considerable latitude for discretion on when to pursue certain matters, but I am happy to take it on notice. If there are unintended outcomes from legislation that this parliament has passed in the past, we would always be happy to look at sensible reforms.