Thursday, 10 February 2022

Sentencing reform

Mr GRIMLEY (Western Victoria) (12:02): My question is for the Attorney-General. Attorney, I was humbled to pass an amendment to the Sentencing Amendment (Emergency Worker Harm) Bill 2020 that requires you to cause a report on the effectiveness of the amendments made by this act to be undertaken. New section 116A, as you would be aware, requires the relevant minister to table this report before each house of Parliament as soon as practicable after the review is completed. The review was to be completed soon after 12 months after the day on which the act came into operation, which as I read it was due on 30 June 2021. Attorney, when can we expect the review to be tabled given it is now eight months since the reporting period?

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (12:03): I thank Mr Grimley for his question. I am pleased to be able to advise that the review into the operation of the 2020 sentencing amendments has now been completed and the report is being finalised and will be tabled shortly. I have not read the report, but I have been advised that the report’s findings indicate that the reforms are operating as intended. The review commenced in mid-2021 in line with the statutory requirements and required collection and individual analysis of cases across multiple courts as well as further consultation with those jurisdictions. The review will update Parliament on the operation of this legislation, and I look forward to tabling the report in due course.

Mr GRIMLEY (Western Victoria) (12:03): Thank you, Attorney. I look forward to reading the report. Section 115F of the Sentencing Act 1991 provides for the reporting of mandatory treatment and monitoring orders to be made each year. These MTMOs were legislated in 2018 as an alternative to the often useless community correction orders. MTMOs were tipped to be a more intensive sanction for those who assault emergency services workers. You may be aware that I recently submitted an FOI on the data for MTMOs, and I found out through the response that just one MTMO has been handed down through our courts since their inception in 2018. Minister, does this indicate that MTMOs are not understood across the judiciary or that they are not effective, or are there any other reasons for this poor implementation?

Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (12:04): Mr Grimley, you have asked me for an opinion. I have not seen the response to your FOI request in relation to that data. They do not have to be tabled either, but I can seek some further information and get you some more details in relation to that. There are obviously a range of responses to conduct in the justice system, and that is just one particular measure.