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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2025-05-13 Daily Xml
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High-Risk Offenders

The Hon. J.S. LEE (14:40): I seek leave to make a brief explanation before asking a question of the Attorney-General about high-risk offenders.

Leave granted.

The Hon. J.S. LEE: In October 2018, Michelle Foster was tragically killed by Jayden Lowah, a man with a severe mental illness. Despite expressing homicidal thoughts after his release from prison, Lowah was discharged into the community without adequate support. On 30 April 2025, the Coroner's findings highlighted multiple missed opportunities to address Lowah's mental health needs, and significant systemic failures in mental health, prison and hospital systems.

Fragmented information sharing between agencies and limited resources for psychiatrists contributed to this tragic outcome. Improved coordination and legislative mechanisms are essential to prevent similar incidents in the future. These issues underscore the urgent need for reform to manage individuals with chronic mental health conditions who pose a risk to public safety. My questions to the Attorney-General are:

1. Will the Attorney-General consider the Coroner's recommendations and seek to broaden the definition of 'high-risk offenders' under the Criminal Law (High Risk Offenders) Act 2015 to include an additional category for public risk and/or public interest?

2. Given the Coroner's findings on the fragmented information-sharing capabilities between various agencies managing mentally unwell individuals, what steps would the Attorney-General take to improve the coordination and communication between the prison system, the health system, mental health system, and community services?

3. Will the Attorney-General consider implementing a legislative mechanism for a level of supervision upon release, such as an extended supervision order, to ensure high-risk prisoners are adequately monitored and supported in the community?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (14:42): I thank the honourable member for her question. We will, of course, examine the recent coronial recommendations in relation to the matter the honourable member has spoken about, and have a look to see what can or should be implemented. As the honourable member has pointed out, there is one area that particularly concerns the Attorney-General's Department—my portfolio—being recommendations into the High Risk Offender Scheme. Other matters, largely in terms of communication between health departments, will be led primarily, I expect, by my colleague the Minister for Health, the Hon. Chris Picton, member for Kaurna.

In relation to level of supervision and extended supervision orders, I am happy to let the honourable member know that extended supervision orders are one of the types of orders that can be made under our high-risk offender regime. The high-risk offender legislation contemplates a number of ways that people who pose a risk to the safety of the community can be put on orders, particularly after their original sentence has finished.

An interim supervision order is often requested and made while an application is being processed, which can then form an extended supervision order. Breaches of extended supervision orders, particularly in extreme cases, can end in continuing detention orders, where someone is then incarcerated for breaching their extended supervision order. Certainly under the High Risk Offender Scheme (HRO Scheme), we will have a look at what the Coroner has said, and have a look at how that might apply to this case.

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