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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-11-26 Daily Xml
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CRIMINAL LAW (SENTENCING) (SENTENCES OF INDETERMINATE DURATION) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 14 November 2013.)

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (11:05): This bill amends the sections of the Criminal Law (Sentencing) Act dealing with offenders who are unwilling or unable to control their sexual instincts. The bill seeks to amend the test for release of these offenders into the community to ensure that the safety of the community is the paramount consideration of the court.

A few members have asked about the government's intention in regard to the proposal for a prescribed authority to be responsible for nominating medical practitioners to undertake the reports required under the legislative scheme. As mentioned by the Hon. Mr Wade in his contribution on the bill, the government intends to prescribe the Director of Forensic Mental Health, Dr Ken O'Brien.

The Hon. Mr Wade also mentioned that some of the 10 offenders currently under a section 23 order are detained at James Nash House. The figure of 10 I understand is correct, but it is not correct that the offenders are detained at James Nash House. My advice is that these offenders have necessarily been convicted of a criminal offence and are, therefore, detained in a correctional facility.

I also wish to mention something about schedule 2. Schedule 2 does not require the DPP to make an application in every case. My advice is that the schedule vests the DPP with a discretion. It is my view that a person who has been authorised for release or, in fact, released on a licence should be subject to the new test in order that there is general consistency in the approach in dealing with these matters. With those few remarks, I conclude the debate and commend the bill to the house.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Aboriginal Affairs and Reconciliation) (11:08): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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