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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-11-19 Daily Xml
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BAIL (ARSON) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 24 September 2009. Page 4102.)

Ms SIMMONS (Morialta) (10:46): The government supports the bill with an amendment.

The Hon. I.F. EVANS (Davenport) (10:46): I thank the government for its support and I look forward to the committee stage.

Bill read a second time.

Committee Stage

In committee.

Clauses 1 and 2 passed.

Clause 3.

Ms SIMMONS: I move:

Page 2, line 11—Delete 'section 85 (being an alleged offence consisting of arson) or'

As foreshadowed during the debate, the government does not support the reversal of the presumption against bail for the offence of arson. This amendment therefore deletes the reference to the offence of arson from the bill but retains the reversal of the presumption against bail for the offence of intentionally or recklessly causing a bushfire under section 85B of the Criminal Law Consolidation Act 1935.

The offence of arson can apply to a broad range of property ranging in value. In order to charge the offence of arson, damage to property must have occurred by means of fire or explosives. Therefore, aside from bushland, this can include vehicles or buildings. The damage caused by fire or explosives to buildings and vehicles can range in severity. This broad application of the offence of arson means that the government does not consider it appropriate to reverse the presumption in favour of bail. The government submits that there is sufficient protection in the current law to address those alleged arsonists who are considered a risk to the public or at risk of reoffending.

As already explained, under the current law, the prosecution has the power to oppose bail or, alternatively, can seek stringent conditions to be imposed, such as home detention or supervision. Where bail is granted, despite opposition by the prosecution, a mechanism exists to seek a review of the bail authority's decision in the Supreme Court. Amending section 10A of the Bail Act 1985 should be reserved for offences that are considered to be particularly heinous. The government submits that intentionally or recklessly causing a bushfire qualifies as such an offence. I commend the amendment to the house.

The CHAIR: Attorney-General, I did not note that you were in the chamber. Is it your wish that the member for Morialta move the amendment standing in your name?

The Hon. M.J. ATKINSON: Yes.

The Hon. I.F. EVANS: The opposition accepts the amendment.

Amendment carried; clause as amended passed.

Title passed.

Bill reported with amendment.

Third Reading

The Hon. I.F. EVANS (Davenport) (10:50): I move:

That this bill be now read a third time.

I thank members for their contributions and the government for its support.

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs, Minister for Veterans' Affairs) (10:51): This is another illustration of the Rann government being willing to support good ideas from wherever they come. We have supported private members' bills during our eight year term from Liberal MPs and Independent MPs. That never occurred under the Brown or Olsen governments. Indeed, when the then opposition put up a private member's bill, the government would vote against the private member's bill in private members' time and then introduce it as a government bill. We do not do that.

Bill read a third time and passed.

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