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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2008-05-06 Daily Xml
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Question Time

DANGEROUS OFFENDERS

The Hon. S.G. WADE (14:44): I seek leave to make a brief explanation before asking the Minister for Correctional Services a question about dangerous offenders.

Leave granted.

The Hon. S.G. WADE: Last week, I asked the minister about the implementation of the dangerous offenders legislation. In her response, the minister stated, 'There is no list of prisoners who have been identified as dangerous offenders.' The minister also implied that she had no role in the process relating to dangerous offenders, explaining that 'the role of the correctional services department is to ensure that all relevant information on any prisoner is made available to the Crown Solicitor and the Attorney-General if and when requested'. However, in July 2007 when asked on radio FIVEaa whether she would be involved in preparing a list of which prisoners would be subject to the legislation, the minister told listeners:

I will be involved in that when that legislation eventually does pass the parliament.

Again, the Attorney-General also stated in November 2007 that he was 'seeking a brief from the prisons minister' on what other dangerous offenders would be fit subjects for an application to the Supreme Court. My questions to the minister are:

1. Has the Attorney-General requested a briefing from the minister in relation to identifying potential dangerous offenders?

2. Has the minister provided such a briefing to the Attorney-General and, if so, did the briefing include the names of individual offenders?

3. Is the minister now trying to understate her role in the process to distance herself from the hapless Attorney-General?

The Hon. CARMEL ZOLLO (Minister for Emergency Services, Minister for Correctional Services, Minister for Road Safety, Minister Assisting the Minister for Multicultural Affairs) (14:45): I do not believe that I understated my role at all. The Department for Correctional Services has a very important role to play. Clearly, we have to provide the information to the Attorney-General or through the Crown Solicitor's office.

I placed on record last week that we will provide information on prisoners convicted of murder as they become eligible for parole. As I said, I am pretty sure that that includes conspiracy to murder. I was asked what other prescribed circumstances there were. I did not have the full list with me at the time, but I did say to the honourable member to look at the legislation. I am sure that he can do that.

The Attorney-General wrote to me last year, and the Department for Correctional Services has since facilitated a process with the Crown Solicitor's office. Really, it is quite clear to me why the details of those who fall within the ambit of the act and particularly information about their parole release date can be provided by the Department for Correctional Services. Whether they are considered to be dangerous offenders is for further legal process which would require the Attorney-General to apply to the courts for that determination.

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