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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2016-07-26 Daily Xml
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Rigney, Mr R.G.

The Hon. K.L. VINCENT (14:54): Supplementary: can the minister just provide further clarification on that question? I understand that there are nuances as to what punishment is dealt out, if one is to be dealt out. To the best of the minister's knowledge, is Mr Rigney at risk of being punished for being unlawfully at large, despite having tried to return himself to prison—yes or no—and does the minister intend to use the discretion, which I understand he does have, to advise that Mr Rigney should not be charged or punished since it is his department that made the error?

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (14:55): In regard to the first part of your question: is there a risk that someone will be punished if they break the law? Yes. Whether or not the court will take into account the extraordinary circumstances is truly a matter for the court, and I am not aware of my ability to be able to make decisions, or influence decisions, on behalf of the court.

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