Parliamentary Question

Minister Representing: Question No:823
Portfolio:parliamentary secretary representing the Attorney General Question Date:09/26/2006
Year:2006Answer Date:09/26/2006
Parliament:37Question Type:Question Without Notice
Session Number:1Asked By:Hon GEORGE CASH
Chamber:CouncilTabled Paper No:

Question:



DESTRUCTION OF EVIDENCE - CRIMINAL OFFENCE


823. Hon GEORGE CASH to the parliamentary secretary representing the Attorney General:

On 1 September 2006 the Crimes (Document Destruction) Act 2006 came into effect in Victoria and created a new criminal offence relating to the destruction of evidence. The amendment to the Victorian Crimes Act 1958 follows the decision of the Victorian Court of Appeal in British American Tobacco Australia Services Ltd v Cowell as representing the estate of Rolah Ann McCabe, deceased, and the subsequent report by Professor Peter Sallman on “Document Destruction and Civil Litigation in Victoria”. Does the existing law in Western Australia provide an offence in similar terms to the Victorian Crimes Act 1958; if not, will the government consider a similar amendment in Western Australia, and, if not, why not?

Hon SUE ELLERY replied:

I thank the honourable member for some notice of this question.

The report by Professor Sallman recommended that Victoria enact a provision based on section 39 of the commonwealth Crimes Act. The provision of the commonwealth act is in materially the same terms as section 132 of the Western Australian Criminal Code, which provides -

No amendment to this Western Australian provision is considered to be necessary at this stage.