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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-11-26 Daily Xml
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STATUTES AMENDMENT (ELECTRONIC MONITORING) BILL

Second Reading

Adjourned debate on second reading.

(Continued from 14 November 2013.)

The Hon. S.G. WADE (12:19): I rise on behalf of the Liberal opposition to indicate our support for the passage of the Statutes Amendment (Electronic Monitoring) Bill 2013. The bill amends the Correctional Services Act, the Criminal Law Consolidation Act and the Criminal Law (Sentencing) Act. The bill seeks to extend the circumstances in which relevant authorities can impose an electronic monitoring device on offenders and other persons, as well as expanding the use of electronic technologies available to do this.

Currently, electronic monitoring is a vital tool that corrections authorities use to monitor offenders serving the last part of their prison sentence on home detention, in relation to court-ordered intensive bail supervision, or as a condition of a release imposed by the Parole Board. The bill extends the circumstances in which authorities can implement electronic monitoring devices to include: firstly, a prisoner participating in approved activities outside of prison; secondly, a defendant released to the community on a supervision order by the courts; and, thirdly, a person released on licence by the courts. It also proposes that the Parole Board must consider the use of electronic monitoring on release of a prisoner who has been imprisoned for child sex offences.

This bill was born out of the Hon. Ann Bressington's private member's bill, entitled Correctional Services (GPS Tracking for Child Sex Offenders) Amendment Bill 2012. I join the government, in its second reading contributions, in acknowledging the work of the honourable member—at least I am more courageous than the government: I am willing to name her. The Hon. Ann Bressington brought this bill before the parliament and was supported in this place.

This bill seeks to have similar outcomes to the Hon. Ann Bressington's bill, notwithstanding two key differences: firstly, this bill vests the discretionary power upon relevant authorities to impose the electronic monitoring devices based upon assessments of risk, rather than the type of offence committed; and, secondly, relevant authorities are able to use any electronic monitoring device, thus encapsulating the use of any future technologies that may be developed. This bill seeks to impose supervisory conditions on people who have served their initial sentence based upon an assessment of risk that their behaviour poses to community safety.

The opposition has received concerns about this bill from people who advocate on behalf of the public's civil liberties. The Liberal Party understands where these concerns arise. We, as a party, are committed to upholding the rights of citizens, but we consider that this bill does represent an appropriate balancing of rights. We note that the power is discretionary and that the power is to be applied on a risk basis. These provisions are a way for the Parole Board and other authorities to in fact provide additional liberties for offenders; for example, the Parole Board, with this facility available, may feel that it is more comfortable allowing a prisoner to leave the facility with the monitoring support.

With those comments, I reiterate the opposition's support for the Statutes Amendment (Electronic Monitoring) Bill 2013.

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (12:22): I would like to thank honourable members for their second reading contributions and the indicated support for this bill. The legislation is good legislation; it is sound and will contribute to public safety by extending the use of electronic monitoring for some prisoners and offenders who would benefit from this type of monitoring.

We already monitor some offenders in this way on home detention and on bail. The Parole Board also has the power to make it a condition of parole that a parolee be monitored in this way, and some young offenders are already subject to electronic monitoring. We know that it is a good tool, so we would especially acknowledge the Hon. Ann Bressington.

You may recall that in 2012 the Hon. Ann Bressington previously introduced a bill which could be considered to be very similar to this. The bill sought to provide GPS tracking of child sex offenders in the community and on approved release from prison. The major differences from that bill are that the present bill provides for both current and future technologies to be used for monitoring prisoners and offenders and it also does not limit or specify an offence type, so it can be used not only for child sex offenders but also considered through a risk-based approach. The government undertook at the time to go further, and this bill does exactly that. I commend this bill to you, Mr President.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (12:26): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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