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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-11-19 Daily Xml
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CORRECTIONAL SERVICES (MISCELLANEOUS) AMENDMENT BILL

Final Stages

The House of Assembly agreed to amendments Nos 2 to 7 made by the Legislative Council without any amendment and disagreed to amendment No.1.

Consideration in committee.

The Hon. G.E. GAGO: I move:

That the council do not insist on its amendment.

We have agreed to a number of amendments. I understand there have been discussions with the opposition and other parties, including the Hon. Mr Brokenshire, and I understand that there is agreement, so we are happy to accept that amendment.

The Hon. R.L. BROKENSHIRE: I advise the committee that Family First will not be insisting on its amendment. I thank colleagues who supported the amendment. There is no way known, with the legal advice I have, that this prevented technology and other devices being used whatsoever. What it did was pull the 'reasonable knowledge' factor of the law out of it so that they could go in with these dogs at any time.

I simply say to the Department for Correctional Services that it has a major problem with illicit drugs in the prison system, and this was an attempt to assist it with that. We will watch the media and see how well the department goes.

The only other thing I would say regarding Crown Law is that time is moving on but, if I am re-elected to this place, after the election I will be raising issues about advice from Crown Law to government and departments. I am sick and tired of lawyers coming back when the democracy in the parliament puts an amendment there and they use this word 'could': 'This could have an implication', or 'This could have a reflection'. The word 'could' is not the word that we are actually interested in using. Anything could happen in life, but we need better Crown Law advice in this respect to ensure that the wording really has an impact.

The fact of the matter is that the word 'could' will not have an impact, and it puts pressure on members. I see it as being more of an excuse for the department to use, and maybe it is not Crown Law's fault. Maybe it is a case of the department's not wanting to take up the opportunity. For the sake of the minister, whom I respect, I hope that the department keeps focused on the ever-increasing growth of illicit drugs in the correctional services system.

The Hon. T.J. STEPHENS: I indicate that the opposition supported the Hon. Mr Brokenshire with his amendment. He is prepared to withdraw, so we will also be supporting the government's motion.

Motion carried.

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