Criminal Law (High Risk Offenders) (Miscellaneous) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 12 September 2024.)

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (17:58): Today, I rise to indicate the opposition's support for the Criminal Law (High Risk Offenders) (Miscellaneous) Amendment Bill 2024, a bill introduced to refine and enhance the powers granted under the Criminal Law (High Risk Offenders) Act 2015. This legislation, brought to the Legislative Council on 12 September 2024 by the Attorney-General, the Hon. Kyam Maher MLC, reflects our commitment to strengthening community protections against serious offenders.

The Criminal Law (High Risk Offenders) Act 2015 has served as a critical tool in managing the risks posed by those convicted of serious, violent and sexual offences, as well as terror-related crimes.

The Hon. K.J. Maher interjecting:

The Hon. N.J. CENTOFANTI: I remind that interjections are out of order. However, this amendment bill aims to make essential improvements, clarifying definitions and enhancing the authority of courts and the Parole Board to enforce and modify supervision orders effectively.

The amendments proposed reflect a comprehensive approach, addressing gaps highlighted in previous legislative discussions and adapting the act to serve our communities better. The Liberal Party of South Australia value policies that improve the quality of life for the individual, family and community, and ensuring their safety is paramount to this promise. We also believe in personal responsibility. There should be fitting consequences for criminal acts. Our party room agrees that these amendments reflect these values.

Clause 3 refines several definitions providing clarity on terms such as 'detainee', 'extended supervision order' and 'home detention'. These adjustments may appear technical but they are crucial for ensuring that all relevant forms of detention, including immigration detention, are included under the act's purview.

Clause 7 introduces a vital modification to allow the issuance of interim supervision orders beyond the original expiry date if necessary. This change addresses scenarios where the high-risk offender may require continued supervision, further reducing the risk to public safety and providing legal structures for extended oversight when needed.

The bill also significantly enhances the powers of the Parole Board through clause 10 which grants the board the authority to vary the conditions of the offender's supervision order. The flexibility provided by these amendments enables the Parole Board to respond to changes in an offender's risk level and make real-time adjustments to the terms of their supervision.

The Liberal Party have asked multiple questions in this place regarding the Parole Board since coming into opposition in 2022, and we hope these amendments will abate some of these ongoing concerns. These refinements are not limited to prospective cases. Schedule 1 of this bill includes transitional provisions that allow these amendments to apply to existing supervision orders and ongoing proceedings. This ensures continuity and brings both existing and new orders under the amended framework.

This bill also introduces part 3A to enable interagency cooperation, which allows information sharing with other jurisdictions. This is particularly vital as it empowers South Australian agencies to work with commonwealth and interstate bodies ensuring that the highest risk individuals stay caught-up due to bureaucratic barriers.

High-risk offenders often present a threat that crosses state boundaries and this bill makes it possible for relevant information to be exchanged swiftly and securely to safeguard our communities. While some argue that these changes could introduce additional complexities, it is essential to remember that protecting the public is paramount. We as a party will never waver from doing our part to protect the people of South Australia.

The bill's drafters have incorporated checks and balances, particularly in the decision-making powers granted to the Parole Board, which requires thorough reporting and notice to the Supreme Court. At the heart of this legislation is a clear message: the South Australian parliament is committed to protecting its citizens from those who pose serious risk to public safety. We are committed to providing our justice system with the tools to respond to emerging challenges, ensuring that high-risk offenders are managed, monitored and, if necessary, detained for as long as required to protect the community.

Let us keep in sight the broader significance of this bill. By enhancing the clarity and scope of the Criminal Law (High Risk Offenders) Act, we are taking a principled stand for the safety of our state. The law must be robust and adaptable and this amendment bill provides flexibility without compromising our core values of justice and fairness. This bill, and I hope it is passing today, represents a commitment to continuous improvement in our legal system, reinforcing the structures that keep our community safe and ensuring high-risk offenders are managed with the diligence and vigilance they warrant.

Debate adjourned on motion of Hon. L.A. Henderson.