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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-02-03 Daily Xml
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APY LANDS

The Hon. R.D. LAWSON (15:08): I seek leave to make a brief explanation before asking the Leader of the Government, representing the Attorney-General, a question on the subject of cross-border justice.

Leave granted.

The Hon. R.D. LAWSON: On ABC Radio today the Attorney-General was reported as saying that the government would be introducing cross-border justice legislation to enable police to apprehend certain offenders. The Attorney said that the bill results from the recommendations of Commissioner Mullighan's inquiry in relation to sex abusers on the APY lands. He said that it 'will stop suspected sex abusers fleeing over the border from the APY lands in SA's far north-west.'

In fact, legislation of this kind was first raised at a justice round table in June 2003 by the NPY Women's Council, which operates a domestic violence program in the cross-border area, and as a result of that a cross-border justice project was established. In August 2003, the solicitors-general from South Australia, the Northern Territory and Western Australia made a presentation at a meeting of the Standing Committee of Attorneys-General on this particular subject and suggested an appropriate solution.

In a paper delivered by Inspector Ashley Gordon of South Australia Police, he graphically described incidents of domestic violence, especially in the APY lands where legislation of this kind is appropriate. Western Australia introduced legislation in 2007 and passed it in March 2008. My questions are:

1. Will the Attorney acknowledge that this legislation was not prompted, as his statement suggests, by the Mullighan inquiry?

2. Is it not the case that the Attorney-General only mentioned the Mullighan inquiry in an effort to disguise the fact that this government has delayed for five years the implementation of this important measure?

3. Is this law, contrary to the impression sought to be created by the Attorney-General, as much about bringing to justice grog-runners, perpetrators of domestic violence and other petty criminals as it is about child sex offenders?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (15:09): I have read the press release from the Attorney-General where I think he makes it clear that in fact there are a number of issues that this legislation will deal with. He states that local women have raised concerns that offenders are crossing borders to dodge the law in relation to domestic violence and the like.

The point that needs to be made in relation to the honourable member's question is that for any cross-border legislation to be effective you obviously need the complementary legislation in other states because, while it may allow South Australian police, correctional services officers and judicial officials to operate across boundaries, there clearly needs to be some reciprocity with that so that Northern Territory and Western Australian police, magistrates and correctional services officers, where relevant, can also operate within our regions.

Given the fact that a complementary bill was recently passed in Western Australia and similar laws, I understand, are expected to clear the Northern Territory parliament this month, that is obviously the necessary step to be effective. So, no matter how long this legislation may take to develop, clearly it needs all states to implement it, and South Australia is playing its part in terms of introducing that legislation. I trust that all members of this council, in particular, will support that legislation having a quick passage.

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