Resumed from 24 September 2019. The Chair of Committees (Hon Simon O’Brien) in the chair; Hon Sue Ellery (Leader of the House) in charge of the bill.

Clause 14: Board established —

Progress was reported after the clause had been partly considered.

Comments and speeches by various members

Hon MICHAEL MISCHIN: Heartened by the last result, Mr Chair, I think we are making progress. We certainly attracted more people into the chamber than on the last occasion. I move —

Page 2, line 3 — To delete “High Risk Offenders Act 2019” and substitute —

High Risk Violent Offenders Act 2019

Comments and speeches by various members

Hon ALISON XAMON: I rise to indicate that I will not be supporting this amendment and I will not support the following amendment, both of which seek to amend the title. I will make clear my reasons why, because I have significant sympathy for some of Hon Michael Mischin’s arguments as to why it may be desirable to narrow potentially the scope of people who could be captured under the provisions of this legislation. I agree with Hon Aaron Stonehouse that had we been looking to change the title, of the four options presented to the chamber for its consideration, the first amendment, which proposed “High Risk Sexual and Violent Offenders Act 2019” would have been the most desirable and probably the most consistent with the intent of the legislation. I have decided that it is probably fine to stay with High Risk Offenders Bill 2019 because of the way that “high risk offender” is specifically defined under clause 7. It makes reference to a high degree of probability, refers to adequate protection of the community against unacceptable risk and makes specific reference to a serious offence. Taking into account the fact that “high risk offender” is defined specifically in those terms within the bill, I am satisfied that maintaining the current title of the bill will still ensure that those whom the provisions of the bill intend to capture will be maintained. Having said that, I reflect that I have some sympathy for the desire to change the name of the bill, but if that were to occur, the first option that was originally voted on five months ago is the preferred option of the four.

Comments and speeches by various members

Amendment, by leave, withdrawn.


Page 2, line 3 — To delete “High Risk Offenders Act 2019” and substitute —

High Risk Serious Offenders Act 2019

I point out that although the minister is saying that it is only the title of the bill and that she does not understand what the problem is, the long title of the bill is an aid to interpretation by the courts and states, in part —

An Act to provide for the detention in custody or the supervision of persons of a particular class, —

That tells us nothing—“a particular class” —

to repeal the Dangerous Sexual Offenders Act 2006 and to make consequential and other amendments to various Acts.

Comments and speeches by various members


Amendment put and a division taken, the Chair casting his vote with the ayes, with the following result —

Ayes (18)

Noes (17)

Amendment thus passed.

Postponed clause, as amended, put and passed.

Comments and speeches by various members

Committee interrupted, pursuant to standing orders.

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