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Parliamentary Questions


Question Without Notice No. 1180 asked in the Legislative Council on 3 November 2020 by Hon Michael Mischin

Parliament: 40 Session: 1

DANGEROUS SEXUAL OFFENDERS ACT —OFFENDER DECLARATIONS — DIRECTOR OF PUBLIC PROSECUTIONS

1180. Hon MICHAEL MISCHIN to the Leader of the House representing the Attorney General:

I have almost forgotten how to do this!

(1) For each year since the coming into operation of the Dangerous Sexual Offenders Act 2006 to date, how many applications has the Director of Public Prosecutions made to have an offender declared a dangerous sexual offender?

(2) Of those applications, how many have been successful, either at first instance or on appeal?

(3) Of those declared dangerous sexual offenders, how many —

(a) were detained in custody; and

(b) were released on conditions?

(4) Of those detained in custody, how many were subsequently released on conditions?

(5) How many offenders released on conditions were later the subject of proceedings for breaching conditions?

(6) Of those found to have breached conditions, how many were returned to custody —

(a) pending their case being dealt with by the court; or

(b) at the conclusion of those proceedings?

The PRESIDENT: The member certainly has not forgotten how to write a long question.

Hon SUE ELLERY replied:

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

(1)–(6) The Office of the Director of Public Prosecutions has advised that the questions asked require an assessment of a vast amount of information from its records, spanning back 14 years from the commencement of the now-repealed Dangerous Sex Offenders Act 2006. Some of these records are not computerised. To extract this information would divert staff away from the ODPP's core business of prosecuting serious offences committed against state criminal law. It is not a reasonable or appropriate use of resources. If the member has a specific question about a particular dangerous sexual offender, or seeks statistical information for a particular year, the Attorney General will consider it.

In addition, the Corrective Services branch of the Department of Justice deals with breaches of conditions, and the Western Australia Police Force prosecutes them. Although the ODPP is informed of them, it does not keep statistics. In some cases, the ODPP will have brought contravention proceedings, but it does not keep statistics on them.