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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-10-15 Daily Xml
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YOUNG OFFENDERS

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Industrial Relations, Minister for Business Services and Consumers) (14:11): I seek leave to make a ministerial statement.

Leave granted.

The Hon. J.R. RAU: The front page of today's Advertiser features an article regarding an application by two offenders for release on licence ahead of the expiry of their non-parole periods. I can confirm with the house that the two offenders were convicted in 2009 for a murder committed when both were youths. Both were sentenced to life imprisonment, with different non-parole periods. The non-parole periods will not expire until 2017 and 2018.

Despite the fact that both offenders are now over 18, they continue to serve their sentence in a youth training centre because of an order to that effect made by the sentencing judge. Both offenders have applied to the Supreme Court to be released on licence under section 37 of the Young Offenders Act 1993. This is despite the fact their respective non-parole periods have not expired.

Section 37 allows a young offender who has been sentenced to life imprisonment, and who is being detained in a youth training centre, to apply for release on licence into the community. Section 37 was included in the Young Offenders Act 1993 when it was first enacted. The Young Offenders Act 1993 was a replacement for the Children's Protection and Young Offenders Act 1979.

The offenders' lawyers argue that section 37 allows for release even when an offender is still subject to a non-parole period. The DPP is arguing the contrary point, that is, that this section does not apply to an offender who has been given a non-parole period. Yesterday, Justice Kelly of the Supreme Court, indicated that this case warrants a referral to the Full Court of the Supreme Court. It is likely that this will be argued before the Full Court in November.

Let me make this clear to the house: the government absolutely opposes the idea that a youth convicted of murder should be released ahead of their non-parole period. It is outrageous to even contemplate the application of the law in such a way. I am not willing to wait for the Full Court to decide this issue, and have begun working with my department to prepare legislation to address this matter.

The legislation will make sure that young murderers cannot apply for early release. I will seek to introduce this legislation during this sitting week. Given what is at stake, I will be calling on members in both houses to work with the government to pass the legislation to make sure early release of these or other young offenders is not possible.

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