Collins Judith: Prisoners’ and Victims’ Claims (2012 Expiry and Application Dates) Amendment Bill — First Reading 
Text is incorporated into the Bound Volume 
Collins Judith: Prisoners’ and Victims’ Claims (2012 Expiry and Application Dates) Amendment Bill — First Reading 
[Sitting date: 02 May 2012. Volume:679;Page:1890. 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 first time. 
 I nominate the Justice and Electoral Committee to consider the bill. At the appropriate time I intend to move that the committee reports back to the House finally on or before 11 June 2012 and that the committee have the authority to meet at any time while the House is sitting except during oral questions during any evening on a day on which there has been a sitting of the House and on a Friday in a week in which there has been a sitting of the House and outside the Wellington area during a sitting of the House despite Standing Orders 188 190(a) and 191(1)(b) and (c). 
 The Prisoners’ and Victims’ Claims Act 2005 passed by the previous Labour Government ensures that awards of financial compensation are made to prisoners only in extraordinary circumstances where no other remedy is deemed appropriate. Prisoners are required to make use of the many existing complaint mechanisms that are available to them before they seek compensation through the courts. The financial compensation must be awarded. The Act requires that deductions are made first by the Secretary for Justice to pay legal aid debts reparation and 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.  
The Act contains two sunset clauses that are due to take effect on 1 July 2012. Sunset clauses are effectively expiry dates for the Act. The first sunset clause provides for the expiry of the restrictions on awards of compensation. The second provides a cut-off date for compensation awarded to prisoners to be subject to the deductions and victims’ claims process. This bill extends the application of the Act for 1 year. The sunset clauses are amended so that they will now take effect on 1 July 2013.  
The bill will bridge the gap between the expiry of the current Act and progressing the Government’s policy to redirect prisoner compensation to fund services for victims. The Government’s policy to redirect compensation requires any prisoner compensation remaining after the victims’ claim process is used to fund services and programmes for victims of crime. The existing victims’ claim process will also be made permanent. Legislation to make the Act permanent and to implement the Government’s redirection policy is currently before Parliament. However there is insufficient time for that legislation to pass through its stages before the imminent expiry of the current regime on 30 June. I also believe that it is important for that redirection bill to be fully considered by a select committee before it is passed. It is important that there is adequate time for all members of the public who want to to have their say and for as much cross-party support as possible and I intend to fully consult with other parties in Parliament as to how that might happen.  
If the current Act expires before the redirection bill comes into effect a window of opportunity will be created. It would mean that the restrictions on awards of compensation the deductions and the simplified victims’ claims process do not apply to any prisoners’ claims that are lodged. There would be a clear incentive for potential claimants to file their claims during this window to try to defeat the purpose of the current regime and the future redirection regime. The new bill will prevent the unfair window of opportunity from occurring that would disadvantage victims of crime.  
To ensure the status quo and the laws governing prisoner compensation it is important that this bill be considered promptly by a select committee and reported back to this House by 11 June 2012 so that it can be in effect by 30 June. The new bill maintains the status quo until we implement our redirection policy later this year. It will ensure that the current restrictions on awards and deductions continue. It will also ensure that victims continue to have access to any financial compensation awarded to prisoners. I commend this bill to the House.