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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-03-30 Daily Xml
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Correctional Services (Accountability and Other Measures) Amendment Bill

Final Stages

The House of Assembly agreed to amendments Nos 3 to 8, 10, 12 to 14 and 16 made by the Legislative Council without any amendment; disagreed to amendments Nos 1, 2, 9, 11 and 15; and made alternative amendments and consequential amendments as indicated in the following schedule:

No. 1. Clause 5, page 5, lines 11 to 14 [clause 5, inserted section 3(2)(g)(ii)]—Delete:

in relation to regional transfers where the person will be 200km or further from the correctional institution they are being transferred from.

Schedule of the amendments made by the Legislative Council to which the House of Assembly has disagreed and made (Alternative) amendments in lieu thereof:

Legislative Council's amendment:

No. 2. Clause 9, page 7, after line 33—Insert:

19A—Preliminary

For the purposes of this Division, a reference to a correctional institution includes a reference to—

(a) a vehicle (including a police vehicle)—

(i) on the grounds of a correctional institution; or

(ii) used to transport prisoners to or from correctional institutions; and

(b) a cell at a court.

House of Assembly's amendment in lieu thereof:

No. 2. Clause 9, page 7, after line 33—Insert:

19A—Preliminary

(1) For the purposes of this Division, a reference to a correctional institution includes a reference to—

(a) a vehicle (including a police vehicle)—

(i) on the grounds of a correctional institution; or

(ii) used to transport prisoners to or from correctional institutions; and

(b) a cell at a court being used to accommodate a prisoner.

Legislative's Council's amendment in lieu thereof:

No. 9. Clause 9, page 9, after line 37 [clause 9, inserted section 20D]—After subsection (1) insert:

(1a) An official visitor has power to do all things necessary or convenient to be done for or in connection with the performance of the official visitor's functions and may have free and unfettered access to a correctional institution in respect of which the visitor is appointed, prisoners in the correctional institution and vehicles used to transport those prisoners (including prisoners in, and persons whose work is concerned with, such vehicles).

(1b) It is not necessary for any person to be given notice of an official visitor's intention to perform any of their functions.

(1c) In connection with subsection (1)(a), an official visitor may refer a complaint concerning a particular individual to the Ombudsman or any other government agency having a function to deal with the matter but it is not a function of the official visitor to deal with the matter other than—

(a) to inform the complainant of the role of the official visitor; and

(b) to deal with the matter in the context of an inspection of a correctional institution.

House of Assembly's amendment in lieu thereof:

No. 9. Clause 9, page 9, after line 37 [clause 9, inserted section 20D]—After subsection (1) insert:

(1a) An official visitor has power to do all things necessary or convenient to be done for or in connection with the performance of the official visitor's functions and may have free and unfettered access to a correctional institution in respect of which the visitor is appointed.

Legislative Council's amendment:

No. 11. Clause 9, page 10, lines 17 to 20 [clause 9, inserted section 20E(1)]—

Delete subsection (1) and substitute:

(1) An official visitor may have free and unfettered access to information relevant to the exercise of the official visitor's functions in the possession of a government or non-government organisation that is involved in the provision of services relating to correctional institutions under this or any other Act.

House of Assembly's amendment in lieu thereof:

No. 11. Clause 9, page 10, lines 17 to 20 [clause 9, inserted section 20E(1)]—

Delete subsection (1) and substitute:

(1) A government or non-government organisation that is involved in the provision of services under this or any other Act must, at an official visitor's request, provide the official visitor with free and unfettered access to information relevant to the exercise of the official visitor's functions.

Legislative Council's amendment:

No. 15. Clause 9, page 11, after line 26 [clause 9, after inserted section 20H]—Insert:

20I—Offences

(1) A person must not hinder, resist or threaten an official visitor in the exercise of powers or functions under this Division.

Maximum penalty: $10,000.

(2) A person must not make a statement that the person knows to be false or misleading in a material particular to an official visitor in the provision of information under this Division.

Maximum penalty: $10,000.

(3) A person must not deliberately mislead or attempt to mislead an official visitor in relation to the exercise of powers or functions under this Division by the official visitor.

Maximum penalty: $10,000.

(4) A person must not—

(a) prejudice, or threaten to prejudice, the safety or career of; or

(b) intimidate or harass, or threaten to intimidate or harass; or

(c) do any act that is, or is likely to be, to the detriment of,

either of the following:

(d) another person because the other person has provided, is providing or will or may in the future provide information to an official visitor in the exercise of powers or functions under this Division;

(e) an official visitor in relation to the exercise of powers or functions under this Division by the official visitor.

House of Assembly's amendment in lieu thereof:

No. 15. Clause 9, page 11, after line 26 [clause 9, after inserted section 20H]—Insert:

20I—Offences

(1) A person must not, without reasonable excuse, hinder, resist or threaten an official visitor in the exercise of powers or functions under this Division.

Maximum penalty: $10,000.

(2) A person must not make a statement that the person knows to be false or misleading in a material particular to an official visitor in the provision of information under this Division.

Maximum penalty: $10,000.

(3) A person must not deliberately mislead or attempt to mislead an official visitor in relation to the exercise of powers or functions under this Division by the official visitor.

Maximum penalty: $10,000.

(4) A person must not—

(a) prejudice, or threaten to prejudice, the safety or career of; or

(b) intimidate or harass, or threaten to intimidate or harass; or

(c) do any act that is, or is likely to be, to the detriment of,

either of the following:

(d) another person because the other person has provided, is providing or will or may in the future provide information to an official visitor in the exercise of powers or functions under this Division;

(e) an official visitor in relation to the exercise of powers or functions under this Division by the official visitor.

Maximum penalty: $10,000.

Consequential amendments made by the House of Assembly:

Clause 9, page 7, after line 33 Insert:

19B—Review

(1) The Minster must, within 5 years after the commencement of this section, cause a review of the operation of this Division to be undertaken.

(2) A report on the review must be provided to the Minister who must cause a copy of the report to be laid before each House of Parliament within 3 months after receipt of the report.

Clause 9, page 10, after line 15 [clause 9, inserted section 20D] Insert:

(4) In exercising functions and powers under this Division, an official visitor must, so far as is reasonably practicable, ensure that those functions and powers are exercised in a manner that is not likely to—

(a) adversely affect the good order and security of a correctional institution or the safety of any person at, or whose work is connected with, a correctional institution; or

(b) adversely affect the protection from disclosure of criminal intelligence or the protection of the health, safety and welfare of a victim of an offence committed by a prisoner.

Clause 9, page 11, after line 6 [clause 9, inserted section 20E] Insert:

(6a) In addition, information or a document is not required to be provided or produced under this section if to do so would involve the disclosure (directly or indirectly) of—

(a) criminal intelligence; or

(b) information in relation to or connected with a victim of an offence committed by a prisoner.

Consideration in committee.

The Hon. R.I. LUCAS: I understand there has been an agreement between the parties and discussions between the houses, and I propose to move a variety of positions as we move through the clauses. Just briefly, I will be moving that the Legislative Council no longer insists on amendment No. 1. There have been a number of discussions in relation to that particular issue.

We discussed the 200-kilometre zone provision at length, but as part of a compromise package some of the further amendments have been further amended in the House of Assembly, and they are suggested as further amendments in the Legislative Council. As I said, I have been advised that there is now broad agreement amongst all parties in relation to it. I am happy to respond, if need be, to individual questions. To get the ball rolling, I now move:

That the council does not insist on its amendment No. 1, to which the House of Assembly has disagreed.

Motion carried.

The Hon. R.I. LUCAS: I move:

That the council does not insist on its amendments Nos 2, 9, 11 and 15, to which the House of Assembly has disagreed, and agrees to the amendments made by the House of Assembly in lieu thereof.

Motion carried.

The Hon. R.I. LUCAS: I move:

That the council agrees to the consequential amendments made by the House of Assembly.

Motion carried.

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