Legislative Assembly
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Legislative Assembly Thursday, 3 May 2012 THE SPEAKER (Mr G.A. Woodhams) took the chair at 9.00 am, and read prayers. COLLIE POLICE AND COMMUNITY YOUTH CENTRE Petition MR M.P. MURRAY (Collie–Preston) [9.02 am]: I have a petition that conforms with the standing orders of the Legislative Assembly. It contains 1 955 signatures, and states — To the Honourable the Speaker and Members of the Legislative Assembly of the Parliament of Western Australia in Parliament assembled. We, the undersigned say that the Collie PCYC is an important community asset and we are strongly opposed to the Barnett Government‘s plan to remove Police Officers and Police Department staff from the centre. The PCYC plays an important role in diverting children at risk away from criminal activity and anti- social behaviour. The opportunity for young people to interact with positive role models and develop trusting relationships with police and community members is an investment in the future of our community. Now we ask the Legislative Assembly to ensure the continued future of the Collie PCYC and ensure that sufficient resources and funding are allocated to enable that to occur. [See petition 582.] PAPERS TABLED Papers were tabled and ordered to lie upon the table of the house. MINISTER FOR TOURISM — TOURISM DELEGATION TO JAPAN Statement by Minister for Tourism DR K.D. HAMES (Dawesville — Minister for Tourism) [9.04 am]: I rise to inform the house that I recently led a small delegation to Japan to represent the state‘s tourism interests in Japan. Members will be aware that Qantas ceased its direct flights between Tokyo and Perth following the devastating earthquake and tsunami of March 2011. It is timely to acknowledge the remarkable courage and resilience demonstrated by the Japanese people since this tragedy. While tourist numbers between Japan and Western Australia have recently started to decline, I was able to reaffirm during my trip that WA remains fully committed to the Japanese market for the long term. In Tokyo I had meetings with Qantas, ANA, Japan Airlines, China Southern Airlines, Cathay Pacific and Singapore Airlines to explore the potential for direct flights between Japan and Perth and also to discuss opportunities to work together to market WA as a world-class tourist and business destination. The Tourism Western Australia Japan office will be actively following up on these meetings and further encouraging consideration of Perth as a direct flight destination. I was very pleased to learn upon my return to Perth that Singapore Airlines Tokyo has decided to send the general managers from its top 10 wholesalers to Perth in late June, early July to experience firsthand what WA has to offer. This will be excellent exposure for WA and will be timely in getting information about WA to the Japanese travel industry. Western Australia‘s trade and investment relationship with Japan continues to be one of its most important. WA has a sister relationship with the Hyogo Prefecture and the City of Perth has a sister relationship with Kagoshima. In Kobe I met with the Governor of Hyogo, His Excellency Mr Toshizo Ido. We discussed our longstanding sister state relationship. The Governor especially wanted me to assure the people of WA that the four koalas given by WA for the thirtieth anniversary celebrations are doing extremely well in their new home. In Kagoshima I had the pleasure of meeting the Mayor of Kagoshima City, Mr Hiroyuki Mori. We discussed the idea of promoting a homestay program between our cities. I am hopeful that Mayor Mori will visit Perth some time later this year to progress this concept. During the trip I also visited St Luke‘s Children‘s Hospital in Tokyo and Kobe Children‘s Hospital. Given that we are in the process of building Perth‘s new children‘s hospital, it was of great interest to me that Kobe is also in the process of doing the same. I look forward to hearing about its progress as the development gets underway and to recommencing a sister hospital relationship with the Kobe Children‘s Hospital, which first started in 1985. [ASSEMBLY — Thursday, 3 May 2012] 2315 I take this opportunity to sincerely thank Mr Hideki Yoshizawa, marketing manager of Tourism WA, and Mr Craig Peacock, commissioner of the WA government trade office in Japan, for accompanying me on my first visit to Japan and also for the excellent organisation of all aspects of my visit. COMMUNITY PROTECTION (OFFENDER REPORTING) ACT 2004 — REPORTABLE OFFENCES Statement by Attorney General MR C.C. PORTER (Bateman — Attorney General) [9.08 am]: I rise to inform the house that in April 2009, under section 11 of the Law Reform Commission Act 1972, I requested that the WA Law Reform Commission examine and report upon the application of the Community Protection (Offender Reporting) Act 2004 to reportable offenders who are children when they commit the relevant reportable offence; and, to reportable offenders who are over the age of 18 years of age when they commit the reportable offence in circumstances that are exceptional. For example, persons who commit a reportable offence involving consensual sexual activity with a person, not being under the care, supervision or authority of the offender, who the offender honestly and reasonably, but mistakenly, believed to be of or over the age of 16 years at the time the relevant reportable offence was committed. I also requested that it report on the adequacy of, and on any desirable changes to, the existing law, practices and procedures in relation thereto having due regard to the necessity to preserve the central aims and efficacy of the legislation. As members may be aware, the Community Protection (Offender Reporting) Act 2004 establishes a registration and reporting regime for offenders who have committed sexual and other serious offences against children. Similar schemes exist in all Australian jurisdictions. In Western Australia, registration and reporting obligations are automatically applied to both juvenile and adult offenders who are found guilty of a reportable offence. Accordingly, the court sentencing the offender has no power to consider whether registration is justified or appropriate in the particular circumstances. It is the mandatory aspect of the act that prompted this reference to the Law Reform Commission. In particular, the government held a number of concerns in relation to the impact of the act on a small range of juvenile offenders and on some adults who have committed an offence in exceptional circumstances. After preliminary consultations on the act‘s operation, the commission released a discussion paper in February 2011 that sought the views of the public, particularly those involved with the practical implications of the act in Western Australia. Twenty-two submissions were received from a wide range of individuals and organisations. These submissions were considered by the commission in developing the final report that is being tabled today. The report contains 20 recommendations concerning matters relating to the act. Key recommendations include: the establishment of two different regimes for the registration of child sex offenders—one for juvenile child sex offenders and one for adult child sex offenders—the introduction of a capacity for offenders to apply for review of their status as reportable offenders; implementation of measures to ensure that offenders understand their reporting obligations; changes to the Director of Public Prosecutions‘ prosecutorial guidelines concerning prosecution of juveniles for child sex offences; and requirement for senior police officer oversight over decisions to charge juveniles for such offences. Plainly the most important consideration in weighing up these proposals will be the need to ensure that they do not in any way compromise community safety or management of offenders. As the administration of the act falls within the portfolio responsibilities of the Minister for Police, I will be discussing the commission recommendations further with Hon Rob Johnson, MLA, and seeking a detailed response to the recommendations of this report from WA Police. I understand that the act is presently subject to statutory review, which is close to completion, and consequently the government will consider this report together with the recommendations from the statutory review. I take this opportunity to acknowledge and extend the government‘s appreciation to the people who voluntarily gave their time and expertise during the consultation process of this report. In particular, I thank the commissioners and staff of the Law Reform Commission and the many organisations that contributed to the preparation of this report. As required by section 11(7) of the Law Reform Commission Act 1972, I hereby table the Law Reform Commission of Western Australia‘s ―Community Protection (Offender Reporting) Act 2004, Final Report‖. [See paper 4772.] BRIEF MINISTERIAL STATEMENTS Point of Order Mr J.C. KOBELKE: Mr Speaker, I ask you to consider the current use of short ministerial statements. I am sure you are well aware that short ministerial statements were brought in because previously, when ministers gave full ministerial statements, they had to deliver those statements to the opposition well before making the speech and the opposition then got an opportunity to respond. We are finding, on quite a number of occasions, that ministers are making short ministerial statements that go well beyond the time limit, rather than the ministers 2316 [ASSEMBLY — Thursday, 3 May 2012] going to a full ministerial statement. I ask you to consider whether ministers should be simply sat down at the end of their time or there is some other means by which they can actually use the proper proceedings of the standing orders instead of abusing them with short ministerial statements. The SPEAKER: Member for Balcatta, I take your point of order. I will make this comment to the house at this moment.