Page 3445 - Week 11 - Wednesday, 13 October 1993

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MR HUMPHRIES (4.09), by leave: Madam Speaker, this is a very simple amendment. I move:

Page 9, line 24, proposed paragraph 455(1)(g), insert ", or has complied," after "complying".

It simply means that the pre-sentence report may take into account the extent to which an offender has complied with previous orders. It seems to me to make sense to be able to indicate that a person has complied with a previous order and could therefore, for example, be trusted with a further order of the same kind, or one that relies on a certain amount of goodwill on the part of the particular offender.

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services (4.09): Yes, Madam Speaker, that is eminently sensible. The Government supports the amendment.

Amendment agreed to.

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (4.10): Madam Speaker, I move:

Page 9, line 29, proposed subsection 455(1), at the end of subsection (1) add the following paragraphs:

"(k) the authorised officer's opinion about -

 (i) the offender's attitude to the offence; and

 (ii) the offender's propensity to commit further offences;

(l) any other facts which the authorised officer considers to be relevant.".

This again relates to pre-sentence reports. There was a view from the Law Society, amongst others, that the offender's attitude towards the offence and the offender's propensity to commit further offences should be relevant factors. In order to ensure that we have covered all bases we also suggest that any other facts which the authorised officer considers to be relevant should also go into the pre-sentence report. Essentially it is expanding what may go into the pre-sentence report.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 9 agreed to.

Title agreed to.

Bill, as amended, agreed to.


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