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Ms CROZIER (Southern Metropolitan) tabled following statement in accordance with Charter of Human Rights and Responsibilities Act 2006:
In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006 (charter act), I make this statement of compatibility with respect to the Children, Youth and Families Amendment (Youth Offenders) Bill 2016.
In my opinion, the Children, Youth and Families Amendment (Youth Offenders) Bill 2016 as introduced to the Legislative Council is compatible with the human rights protected by the charter act. I base my opinion on the reasons outlined in this statement.
Overview of bill
The purpose of the bill is to amend the Children, Youth and Families Amendment (Youth Offenders) Bill 2016 to provide that for the Youth Parole Board, the safety and protection of the community is the paramount consideration in determining whether a person is granted parole or to revoke a parole order; and to require the Youth Parole Board to include in its annual report the number of persons who have committed serious offences while released on parole.
Human rights issues
Human rights protected by the charter act that are relevant to the bill.
Right to privacy — disclosure of the number of persons convicted during the period of a serious offence committed while released on parole by the Youth Parole Board.
Section 13(a) of the charter act provides that a person has the right not to have his or her privacy unlawfully or arbitrarily interfered with.
The information that will be disclosed in the Youth Parole Board annual report in relation to the number of offences committed by individuals subject to a parole order issued by the Youth Parole Board will be statistical only and won't disclose the names of individuals. Therefore, in my view, clause 3 of the bill does not limit the right to privacy as it does not amount to an interference with privacy that is either unlawful or arbitrary.
Clause 4 of the bill will make the safety and protecting of the community the paramount consideration for the Youth Parole Board in determining whether to grant or revoke a parole order. In my opinion, this clause does not engage the rights set out in the charter act.
Section 17 of the charter act provides that ensure that children are able to be protected — this right is not engaged as the intention of the bill is to increase the safety of the broader community, of which children form a significant cohort. Moreover, for those children applying for parole, their ability to be granted parole will remain, with the added legislative direction that this bill contains.
I consider that if there are limitations of charter rights, those limitations would be reasonable and demonstrably justified pursuant to section 7(2) of the charter act.
Ms Georgie Crozier
Member for Southern Metropolitan Region