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Parliamentary Questions


Question Without Notice No. 554 asked in the Legislative Council on 5 June 2019 by Hon Michael Mischin

Parliament: 40 Session: 1

DANGEROUS SEXUAL OFFENDERS — ELECTION COMMITMENTS

554. Hon MICHAEL MISCHIN to the Leader of the House representing the Attorney General:

I refer to the Supreme Court's release of the dangerous sex offender referred to as MGD on a supervision order.

(1) Will the Attorney General now introduce laws to meet his pre-election promises to reverse the onus of proof to make all dangerous sex offenders prove that they will abide by every single condition of a supervision order, rather than just substantially comply with the standard orders; ensure that a dangerous sex offender who breaches any condition of a supervision order will be held in custody without bail pending his case being dealt with, without exception; and advise the public when, and to where, dangerous sex offenders are released?

(2) Will the Attorney General introduce laws to empower the Attorney General to overrule decisions of the Director of Public Prosecutions relating to dangerous sex offenders or to appeal decisions to release dangerous sex offenders, as he insisted ought to be the case when he was in opposition?

(3) Given the failure of an electronic monitoring bracelet to prevent the Darwin gunman from killing four people and wounding others yesterday while on parole, does the Attorney General maintain his assurance to the public that MGD will not offend because he is under such monitoring; and, if so, why?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of the question.

(1) The Attorney General has implemented laws to meet pre-election commitments and provide the Western Australian community with the toughest laws in Australia.

(2) The Attorney General is progressing reforms to create a high-risk offenders regime to capture dangerous sexual and violent offenders.

(3) Electronic monitoring alone does not prevent reoffending; rather, the totality of the extensive and stringent conditions attached to MGD's supervision order, including electronic monitoring, underpinned the Attorney General's remark that the offender will be safely managed in the community if the Department of Justice ensures strict compliance with all 49 conditions.