Parliamentary Questions

(1) What was the basis for the decision by the Western Australian government to amend the Criminal Code as stated in the answer to the question asked by Hon Jon Fischer?

(2) Was the minister approached by the Western Australian Farmers Federation to change the Criminal Code in this way?

Hon KIM CHANCE replied:

(1)-(2) The honourable member was not here when the act was amended. If I recall correctly, it was the Criminal Law Amendment (Simple Offences) Bill 2004. As the name implies, it has a somewhat omnibus form to it. It corrected some minor issues in the Criminal Code, which had been outstanding for some time. It was not actually called an omnibus bill, but it had an omnibus effect. When we examined the provisions as they were printed in the original government bill, it became apparent to the house - Hon Peter Foss played a key role in bringing this matter to the attention of the house - that the bill itself did not meet the requirements set by the policy of the bill in the second reading speech. As a result, amendments were introduced and considered in this house that led to the adoption of the present wording relating to the trespass laws.

I might add here - this is very important - that in framing the words later adopted by this house, we took very careful advice from the Police Service, which made the point very clearly that the impact of the new trespass laws benefits not only production-oriented landholders but also residential landholders. One of the issues that arose in that discussion was that under existing trespass laws - the new laws do not take effect until the end of this month - it is very nearly impossible to prosecute a prowler or a peeping Tom in this state. An offender need only make some kind of excuse for his presence on a property, such as he was walking his dog and it ran around the back of the house to the bedroom window and that was where he was looking for it.

Hon KIM CHANCE: It was, in fact, in the Police Act. The effect of the change was to transfer the offence from the Police Act to the Criminal Code.

Hon Peter Foss: And to change the wording from “loitering” to “trespassing”.

Hon KIM CHANCE: Yes, indeed. It makes the offence of trespassing much more distinct, and therefore it is far easier to prosecute someone under the law. At the same time we have a serious problem on production-oriented land, including saleyards and points of production, and intensive and extensive animal industries, where there are increasing signs that people are prepared to break the law to enter properties. In one recent and tragic incident a person entered a piggery and caused the death of some 18 pigs. That was a disgrace and it was an example of a serious breach of biosecurity for which I would like to see people, if not imprisoned, charged, convicted and given the maximum financial penalty.

The Western Australian Farmers Federation did not seek these changes. Given the circumstances, it was, in fact, all our own work.