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Parliamentary Questions


Question Without Notice No. 24 asked in the Legislative Council on 13 February 2019 by Hon Michael Mischin

Parliament: 40 Session: 1

MULTIPLE MURDERERS — PAROLE

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

I refer to the Sentence Administration Amendment (Multiple Murderers) Act 2018 that came into effect on 13 December 2018.

(1) How many, and which, multiple murderers has the Attorney General considered under the act, and when?

(2) How many and for which offenders has the Attorney General issued directions to the Prisoners Review Board; and what were those directions, and when were they issued?

(3) What criteria did the Attorney General apply in making each of those directions and what were his reasons for making those directions?

(4) Are those criteria and the Attorney General's reasons recorded in written form? If not, why not? If so, I call upon him to table those criteria and reasons.

(5) Has the Attorney General received submissions to extend the operation of this act to other murderers so as to provide their secondary victims the comfort offered to the few who benefit from this legislation; if so, how many, when and from whom; and what has been his response?

(6) When will the Attorney General introduce legislation to extend the operation of this act to other murderers, or does he not consider the uncertainty and suffering of their secondary victims to be equally worthy of relief?

Hon SUE ELLERY replied:

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

(1)–(2) On 13 December 2018, the Attorney General directed the Prisoners Review Board to suspend the operation of sections 12A(2), 13(4) and 13(5) of the Western Australian Sentence Administration Act 2003 with respect to three prisoners: Catherine Birnie, William Mitchell and Peter Maloney. Each of these directions took effect from 14 December 2018 and are specified to cease to have effect on 13 December 2024.

(3)–(4) As requested, I table the directions that relate to these questions.

[See paper 2394.]

(5) No. The Attorney General has not received any formal submissions of this nature.

(6) Prior to the 2017 election, the McGowan government committed to empower the Attorney General to suspend parole for mass murderers and serial killers. The Sentence Administration Amendment (Multiple Murderers) Act 2018 achieves this election commitment.