O'Connor Damien: Urgent Debates — Corrections Department—Reports on Graeme Burton 
O'Connor Damien: Urgent Debates — Corrections Department—Reports on Graeme Burton 
[Volume:637;Page:7898] 
Hon DAMIEN O'CONNOR (Minister of Corrections) 
: 
 Firstly I must acknowledge the Kuchenbecker family. The tragedy that they have had to face is something that very few of us will be able to imagine. We have to almost apologise to them also for dragging their family into this House for cheap politics. We have to apologise to them but I know their question is a simple one: what can be done to prevent this tragedy ever occurring again? It was Graeme Burton who murdered Karl Kuchenbecker—let us not forget that reality. The question is why that occurred what could have been done to try to prevent it and what we can do to prevent it happening in the future. 
There were three reports on this terrible tragedy. They were independent reports and they were technically and legally correct in their conclusions. However I have to say that I would not call the management of Graeme Burton on parole “appropriate” or “well managed”. I could not say that we could not have done more to prevent this tragedy. I am committed as Minister to ensuring that this cannot happen again. 
There were mistakes made all the way through Graeme Burton’s sentence. He escaped in 1998. He came before the Parole Board. There was uncertainty over the information that was put before the Parole Board and the analysis of it and what could happen. There were many mistakes that must be prevented from ever happening in the future. 
There must be a more appropriate and a more timely response when information is received regarding behaviour of parolees especially those on the offender warning system. We need firmer guidelines for action when likely breaches of parole have occurred or when we think they have occurred. 
We need to ensure that there is an appropriate transfer of responsibilities when a probation officer might take leave. The reality is that in any system people may not turn up from day to day or will go on leave. It is not acceptable that serious areas of responsibility are left to lapse because someone has gone on leave. 
We need closer oversight of probation officers by service managers. Many probation officers are relatively new. They do not have the experience we would like in dealing with serious offenders. We have to make sure that the oversight is at the very highest level so that mistakes if they should occur can be identified and we can step in and make changes. 
We need clearer lines of communication between the Parole Board and the Department of Corrections. That point has been made and we accept that. We need a better understanding of the information that can be put to the Parole Board. We need to update the information and the reports that go from prison officers and Department of Corrections officers to the Parole Board so that it has the most up-to-date information. 
Could we have done better? Yes we could. I am sure that every person involved in the Parole Board and in the corrections and prison systems who in any way played a part in the management of Graeme Burton or was in any way linked to this terrible tragedy in some way feels responsible for this. I do also. I have a responsibility to make sure that this does not occur again. 
We have made changes. We accept that the system is not perfect. We have made changes and we are looking to make some more. We have formalised the system and the process of providing the Parole Board with all the relevant information so that it can make the right decisions. That information regarding Graeme Burton was before the Parole Board through the psychologist’s report. But the uncertainty over how the Parole Board could have used that information and whether more information could have been provided must be eliminated. That is why we are looking to make changes in legislation where necessary. 
We need to reassure the Parole Board that immediate action is immediate action when the probation service is managing parolees particularly those on the offender warning system. We have issued instructions so that if breaches occur within 24 hours action will occur. Existing protocols allowed for a delay of up to 7 days. That is not acceptable. That must be changed. I think—and I am having discussions with the Chief Executive of the department—that personal contact should be made within 24 hours with a parolee if he or she breaches in any way the conditions of the parole. I think that is what the public expects and that is what we must do. 
Those on the offender warning system—those on parole who are at higher risk—are currently required to report weekly. They then move on to a fortnightly system. We have changed the protocols so that life parolees or those on the offender warning system will have to report every week until they have met all the terms and conditions of their parole. Those are clear changes we have made to address some of the mistakes and deficiencies that have been exposed through these three reports. 
We are looking at other changes. Michael Cullen who is the Minister responsible for the Parole Board—if Simon Power did not know that—and the Prime Minister have flagged the possibility of allowing the police to apply directly to the Parole Board if they are in receipt of information that causes them to consider that a parolee is an undue risk to the public and should be recalled. The process at the moment is that the information goes through the corrections system and back to the Parole Board. The police need the ability to apply directly to the Parole Board and that is currently under consideration. 
Again we will make changes to legislation that will ensure that the Parole Board has the ability and the power to access all relevant information be it suspicions or reports from within the prison system of possible incidents that have occurred and have been noted in the system. The incidents may not have been proven but they may form part of the sensible consideration that the Parole Board must go through to ensure that we do not let out on parole people who will be dangerous or a threat to society in any way. The system has to be revamped so that the onus of proof is on people applying for parole to show quite clearly beyond doubt that they will not pose any threat to society while they continue with their sentence on parole. 
Anyone and everyone in the corrections system and on the Parole Board feels absolutely distraught about the outcome of this tragedy. The accountability is in a commitment to ensure that this does not occur again. I respect the Kuchenbeckers. It is a sad situation that their family has to be dragged through Parliament for cheap politicking. They expect rightfully that we will take accountability for this tragedy and make the changes in the system to prevent any mistakes occurring in the future. This is a sad and tragic outcome for a family in this country. We have to ensure that the system of justice in this country from start to finish does not allow such a tragedy to occur in the future.