Collins Judith: Prisoners’ and Victims’ Claims (2012 Expiry and Application Dates) Amendment Bill — Second Reading 
Text is incorporated into the Bound Volume 
Collins Judith: Prisoners’ and Victims’ Claims (2012 Expiry and Application Dates) Amendment Bill — Second Reading 
[Sitting date: 21 June 2012. Volume:681;Page:3243. Text is incorporated into the Bound Volume.] 
Hon JUDITH COLLINS (Minister of Justice) 
: 
 I move  
That the Prisoners’ and Victims’ Claims (2012 Expiry and Application Dates) Amendment Bill be now read a second time 
. I want to thank the Justice and Electoral Committee for its consideration of the bill in the short amount of time available. The committee received five submissions on the bill and has recommended that it proceed without amendment. I am not surprised by this as the bill is very straightforward and merely maintains the status quo under the Prisoners’ and Victims’ Claims Act 2005 for a further 1 year. 
That Act provides for awards of financial compensation to be made to prisoners only in extraordinary circumstances where no other remedy is deemed appropriate. Prisoners are also required to make use of the existing complaint mechanisms that are available to them before they seek compensation through the courts. If financial compensation must be awarded the Act requires that deductions are first made to pay any legal aid debt in relation to the claim any outstanding reparation and any earlier orders in favour of victims. The Act then allows victims of the prisoner to claim against the money through a simplified victims’ claims process. 
Since the Act came into force in 2005 25 payments of compensation to prisoners have been subject to the victims’ claims process and finalised. Of the 25 finalised awards five have resulted in successful victims’ claims totalling $47000. Outstanding reparations owed to victims were also paid from 11 of the awards totalling a further $43000 for victims. The Act contains two sunset clauses that are due to take effect on 1 July 2012. The sunset clauses are effectively expiry dates for the Act. This bill extends the application of the Act for 1 year. It amends the sunset clauses so that it will now come into effect on 1 July 2013. Without the bill from next month claims for compensation filed by prisoners would not be subject to the Act’s restrictions and any compensation awarded would not be subject to the deductions or simplified victims’ claims process. 
 The bill will bridge the gap between the expiry of the current Prisoners’ and Victims’ Claims Act and progressing the Government’s policy to redirect prisoners compensation to support victims of crime rather than pay it to the prisoners. The Government has already introduced a bill to give effect to the redirection policy and to make the regime permanent. The Prisoners’ and Victims’ Claims (Redirecting Prisoner Compensation) Amendment Bill is currently before Parliament. However there is insufficient time for that legislation to be passed before the imminent expiry of the current regime on 30 June. I believe it is important for that bill to be fully considered by a select committee before it is passed and for interested members of the public to be given the opportunity to have their say and be engaged. I also intend to engage with Opposition parties to seek their input into the final form of that bill. 
In the meantime passing the current bill now ensures that the Act does not expire before the redirection bill can be progressed and ensures that claims by prisoners will continue to be subject to the current regime’s restrictions deductions and victims’ claims process. The bill before us and the redirection policy to be implemented later will not prevent prisoners from seeking to uphold their rights through the courts. Agencies responsible for wrongdoing will still be held to account and will pay compensation when required. Prisoner mistreatment will not and should not be tolerated. 
This bill merely maintains the status quo until we progress the redirection bill later this year and will ensure that the victims of prisoners who are awarded compensation will continue to have priority to claim against that compensation before it is paid to the prisoner. I commend this bill to the House.