Page 790 - Week 03 - Thursday, 2 April 2020
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On the ominous COVID-19 bill, the details for which I have some shadow ministerial responsibilities, I start by stating that it is, of course, extremely unusual that we are debating a bill here which has not had the benefit of the scrutiny of bills committee’s response and the great knowledge that we draw on there from our legal advisers. I intend, in my capacity as chair, to take this bill to the committee for any changes that could be made to the explanatory statement after the fact. The ministerial responsibilities that I have some charge of here include corrections, firearms and the changes to the medicines, poisons and therapeutic goods regime.
On corrections, the bill makes changes to the corrections space by amending the Corrections Management Act, the Crimes (Sentence Administration) Act and the Crime Sentencing Act. Key changes include: allowing the director-general of corrections to grant local leave permits for up to 28 days and leave permits of up to three months for long-term medical treatment in the palliative care space and for leave permits which were seven days to be able to be extended to 28 days; extending the power for declaring an emergency so that a COVID-19 emergency declaration in the prison can last for four days and be extended for 14 days subsequently over and over if required; also providing greater flexibility for the Sentence Administration Board to function, if necessary, with one judicial member; shorter notice periods; and more flexible working arrangements for that board. The bill also makes some changes to how the community services elements of intensive corrections orders are managed, given that many will not be able to perform their community service as part of their orders during this emergency declaration.
All these changes are subject to a sunset clause which expires 12 months after they come into effect. This is an appropriate thing to do, given the rushed nature of the drafting, debate on and passage of the bill. That being said, I think there are some things we can learn from this period about how we can improve the functions of our prison and corrective services in the future, particularly as it relates to intensive corrections orders and leave permits. In particular, I commend the instigation of virtual family visits at the prison, where prisoners are in the visits room and able to talk to their loved ones via an iPad. I would like to see this continue as an option for some people after this emergency is over. I believe it should be available for those for whom it is a better option, for various reasons.
I thank Minister Rattenbury for personally informing me of the changes, and his office for the briefings and information that have been provided to me throughout this process. In particular, I thank Jarrah.
On firearms, the bill also makes changes to the Firearms Act to create a power mechanism for the minister, if he chose to, to prevent the registrar issuing licences under the act; prevent the registrar issuing a permit to acquire a firearm under the act; or prohibit or limit the sale of firearms or firearm parts or ammunition. The bill does not make these changes; it makes these changes possible at a time in the future. It makes changes to the Prohibited Weapons Act for similar purposes. I thank the minister and his office for keeping me informed of these changes throughout this rapidly evolving process.
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