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<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="2024-06-05T14:15:00+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="5769" />
  <endPage num="5820" />
  <dateModified time="2024-06-18T19:57:05+09:30" />
  <proceeding continued="true">
    <name>Question Time</name>
    <subject>
      <name>Proceeds of Crime Legislation</name>
      <text id="202406059becfb8b2a7e405aa0000149">
        <heading>Proceeds of Crime Legislation</heading>
      </text>
      <talker role="member" id="6827" referenceid="b04d90ce5a204cc6b8913d2697f86b49" kind="question">
        <name>The Hon. H.M. GIROLAMO</name>
        <house>Legislative Council</house>
        <questions>
          <question date="2024-06-05T04:45:00+09:30">
            <name>Proceeds of Crime Legislation</name>
          </question>
        </questions>
        <startTime time="2024-06-05T14:47:24+09:30" />
        <text id="202406059becfb8b2a7e405aa0000150">
          <timeStamp time="2024-06-05T14:47:24+09:30" />
          <by role="member" id="6827" referenceid="b04d90ce5a204cc6b8913d2697f86b49">The Hon. H.M. GIROLAMO (14:47):</by>  I seek leave to make a brief explanation before asking the Attorney a question on proceeds of crime legislation.</text>
        <text id="202406059becfb8b2a7e405aa0000151">Leave granted.</text>
      </talker>
      <talker role="member" id="6827" referenceid="b04d90ce5a204cc6b8913d2697f86b49" kind="question" continued="true">
        <name>The Hon. H.M. GIROLAMO</name>
        <house>Legislative Council</house>
        <page num="5777" />
        <text id="202406059becfb8b2a7e405aa0000152">
          <by role="member" id="6827" referenceid="b04d90ce5a204cc6b8913d2697f86b49">The Hon. H.M. GIROLAMO:</by>  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:</text>
        <text id="202406059becfb8b2a7e405aa0000153">
          <inserted>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.</inserted>
        </text>
        <text continued="true" id="202406059becfb8b2a7e405aa0000154">Further, he is quoted as saying:</text>
        <text id="202406059becfb8b2a7e405aa0000155">
          <inserted>Legally you may have the power to proceed, but now he's passed there's no prospect of him benefiting from his offence.</inserted>
        </text>
        <text continued="true" id="202406059becfb8b2a7e405aa0000156">My questions to the Attorney are:</text>
        <text id="202406059becfb8b2a7e405aa0000157">1.&amp;#x9;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?</text>
        <text id="202406059becfb8b2a7e405aa0000158">2.&amp;#x9;Currently, is there an opportunity for discretion in such cases so the state prosecutors do not pursue this?</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="2024-06-05T14:49:00+09:30" />
        <text id="202406059becfb8b2a7e405aa0000159">
          <timeStamp time="2024-06-05T14:49:00+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) (14:49):</by>  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.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>