Legislative Council - Fifty-Third Parliament, First Session (53-1)
2014-06-17 Daily Xml

Contents

Child Sex Offenders, Indefinite Detention

The Hon. D.G.E. HOOD (15:28): I seek leave to make a brief explanation before asking the minister representing the Attorney-General a question relating to intervention action in the High Court recently.

Leave granted.

The Hon. D.G.E. HOOD: On the weekend, The Australian newspaper reported that the indefinite detention of serial paedophiles across Australia is currently being reviewed and is under threat. The constitutional challenge has been mounted by serial paedophiles Edward Pollentine and Errol Radan, who have been detained 'at Her Majesty's pleasure' (a term often used in these matters) under Queensland law, having been deemed unable to control their sexual desires and representing a severe risk to the community.

Under these laws, these two men need to produce medical evidence that they are unlikely to cause harm to the community should they be released. The High Court will consider whether or not such laws are constitutional and whether they distort the independence and integrity of the justice system, as has been alleged by the individuals concerned.

Family First understands that South Australia has made written submissions regarding these powers arguing that they should not be deemed unconstitutional and, if that is the case, we commend the government for doing so. My questions to the minister are:

1. What South Australian laws is the government seeking to protect in this matter?

2. Do these laws only pertain to sexual offences?

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (15:29): I thank the honourable member for his questions and will refer them to the Attorney-General in another place and bring back a response.