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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-03-25 Daily Xml
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CRIMINAL LAW AND MENTAL HEALTH

The Hon. R.D. LAWSON (15:09): I seek leave to make a brief explanation before asking the Leader of the Government, representing the Attorney-General, a question about criminal law and mental health.

Leave granted.

The Hon. R.D. LAWSON: On Monday last week, it was reported that David James Wyatt, aged 24, killed his two year old son and stabbed his partner and his baby daughter as well before fatally stabbing himself. Wyatt was the subject of a mental health licence, having been charged in 2005 in relation to a violent robbery. He was found not guilty by reason of mental incompetence and placed under a mental health supervision licence for four years.

It was later revealed by the Parole Board chief, Frances Nelson QC, that she had raised on a number of occasions (as recently as February this year) with the Attorney-General the ineffectiveness of provisions which would allow the Parole Board to provide greater protection for the public and for those who are on mental health licences. The Attorney-General, in a radio interview, initially denied that he had ever received any communication from Ms Nelson on this subject. Later, he recanted and admitted that he was wrong and that Frances Nelson was right.

It was in a letter written in February this year that Ms Nelson says the matter was last raised and had been raised on a number of occasions. In 2004, the Parole Board chief had written to the Attorney-General a letter that I had raised in this chamber previously. Later still, when forced to admit that the matter had been the subject of representation by Ms Nelson, the Attorney-General said, as The Advertiser reported it, 'Mental health is not our priority.' My questions are:

1. Following the letter of 24 May 2004 from Ms Nelson, did the Attorney obtain any departmental or Crown Law advice in relation to the issues raised by Ms Nelson?

2. What was the effect of that advice? Why was no action taken in relation to it?

3. In relation to the subsequent occasions described but not dated by Ms Nelson, did the Attorney on those occasions obtain any advice—and, if so, what advice—in relation to this matter?

4. When will the government take action, as requested by Ms Nelson, in the interests of public safety?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (15:13): I think the first point that ought to be made is that, regardless of what the law says, no law would necessarily be effective in stopping people from killing themselves and others. I will refer the question to the Attorney-General. In his question, though, the Hon. Robert Lawson did say something along the lines, 'Mental health is not our priority.' I am not sure that they were the words the Attorney-General used.

As I understand it, the Attorney-General indicated that the government had been pursuing a number of very important criminal law matters in relation to organised crime and other issues. However, I do not think the words attributed to the Attorney-General are necessarily those he used, but I will refer that question to the Attorney-General, and he can explain that. I do not think we should allow newspaper reports to put words into the mouth of the Attorney, but I will refer that question to the Attorney and bring back a response.

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