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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-09-24 Daily Xml
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BAIL (ARSON) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 30 April 2009. Page 2517.)

Mr GOLDSWORTHY (Kavel) (11:16): I wish to make some comments in support of the legislation which the member for Davenport has brought before the house. I do not anticipate to take up the full allocation of my time, but I will make some points concerning the bill. It is my understanding that the bill deals with the criminal act of arson—that is, setting and lighting fires in our community—and that it is the responsibility of the person charged with the crime or arson, or their representative, to put the argument and convince the court that bail should be granted.

It is my understanding that—and I am no legal expert—in other cases when people are charged with an offence and bail is requested, the police and prosecutors need to put an argument to substantiate the reason why bail should be refused. However, this is the reverse; that is, bail will not be issued for the crime of arson unless a reasonable argument can be put forward, and then the court makes the decision whether or not to grant bail.

The reason for that is sensible because it provides another safeguard against recidivism. We know that, through research and analysis by the police and other bodies, those in our community who wish to wreak havoc by means of setting and lighting fires do not do it just once: it is a habit. It becomes an habitual activity in that these people are inclined to light a number of fires. We saw the tragic example of the lady who has been charged and convicted of lighting multiple fires to the east of the Adelaide Hills, around the Harrogate district. The lady and her family came from Harrogate. She has been charged, convicted and imprisoned for that crime. This is a safeguard against recidivism and provides further protection to the community from the prospect of these people lighting more fires.

During the last sitting week, we debated a government bill in the house concerning the review of fire and emergency services. We saw a level of bipartisanship in dealing with the majority of that bill when both sides of the house agreed on some structural reforms within the emergency services agencies and also some rearrangement of ways to fight fires and protect the community against bushfires. A number of suggestions have come from this side of the house in relation to how that may be improved.

I said that I would not take up my allocated time because I understand that we do want to move through other matters before the house this morning. I acknowledge my support for this piece of legislation which the member for Davenport has brought before the parliament.

Debate adjourned on motion of Mrs Geraghty.

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