Question On Notice No. 3014 asked in the Legislative Council on 24 June 2020 by Hon Michael Mischin
Question Directed to the: Leader of the House representing the Attorney General
Parliament: 40 Session: 1
Question
I refer
to the Attorney General’s response to a question from the Member for Maylands
on 25 September 2019, and ask
:
(a) precisely how many ‘fine defaulters’ were in prison in the last year of the Barnett Government and how many individuals were in prison for fine default alone;
(b) in what manner was the McGowan Government ‘pushing back’, please table any documents to that effect;
(c) in what manner was the McGowan Government ‘asking the registrar to exercise more discretion’, please table any documents to that effect;
(d) in what manner had the McGowan Government up until then suppressed imprisonment as a sanction for fine default, please table any documents to that effect; and
(e) was it by instructions or policy or practice statements or guidelines regarding the issue of, or execution of warrants of commitment for, fine default pending the expected passage of the Fines, Penalties and Infringement Notices Enforcement Amendment Bill 2019:
(i) if yes to (e), please table any documents to that effect?
Answered on 9 September 2020
(a) This aspect of the question falls within the portfolio of Hon Fran Logan MLA, Minister for Corrective Services. Please direct this aspect of the question to him.
(b)-(d) The Fines Enforcement Registrar is an independent officer of the court and cannot be directed to take any particular action. The Registrar did not receive any instructions, policy or practice statements from the Attorney General or the McGowan Government regarding the issue or execution of warrants of commitment. There has been a general decrease in the issue of warrants of commitment over the past two financial years – 2018/19 and 2019/20. This is reflective of the exercise of the Registrar’s discretion, their position as an independent officer of the court and the Registrar’s power to cancel warrants of commitment for good reason.
(e) Please refer to Answer (1) to Question Without Notice No. 1514 asked on 3 December 2019.