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Parliamentary Questions


Question Without Notice No. 618 asked in the Legislative Council on 13 September 2017 by Hon Michael Mischin

Parliament: 40 Session: 1


DANGEROUS SEXUAL OFFENDER — RELEASE
618. Hon MICHAEL MISCHIN to the Leader of the House representing the Attorney General:
I refer to the Supreme Court's decision on 24 August 2017 to permit the release of the dangerous sex offender DAL from custody under a supervision order.
      (1) When did the Attorney General first become aware of the decision and conditions?
      (2) Given his persistent allegations while in opposition of the last government's alleged inaction, precisely what action did he take to prevent DAL's release and when?
      (3) Does the Attorney General have legal advice, and, if so, from what source, to support his claims that DAL would not have been released by Justice Archer had his amendments to the Dangerous Sexual Offenders Legislation Amendment Bill 2016 been passed or his current Dangerous Sexual Offenders Amendment Bill 2017 been in force?
      (4) If yes to (3), precisely which parts of Her Honour's reasons for the decision would have been different and how?
      (5) Will he table that advice or is the public meant, yet again, to take him at his unsubstantiated word?
Hon SUE ELLERY replied:
I was so nice to the honourable member! I thank the honourable member for some notice of the question.
(1) The morning of Tuesday, 5 September 2017.
(2) The decision to release DAL was made by an independent judge of the Supreme Court.
      (3)–(5) The amendments currently before the Assembly will reverse the onus of proof so that offenders like DAL will be required to prove to the court that they will comply with their strict supervision orders.