“No Body, No Parole” Bills Introduced By Oppositions In Victoria and WA

Monday 7 March 2016 @ 11.16 a.m. | Crime

The Labor Opposition in Western Australia and the Liberal Opposition in Victoria have both introduced “no body, no parole” bills into Parliament that would prevent people convicted of murder from being able to qualify for parole unless they provide police with the location of the body of their victim.  In Western Australia, the Sentence Administration Amendment Bill 2016 was introduced into the Legislative Assembly on February 18 by Shadow Attorney-General John Quigley.  The Victorian Corrections Amendment (No Body, No Parole) Bill 2016 was introduced into the Legislative Council on February 23 by Shadow Minister for Community Safety, Corrections and Police Edward O’Donohue.

“No body, no parole” laws have been attracting attention after the parents of teenager Hayley Dodd started an online petition to have them introduced in Western Australia.  Hayley Dodd disappeared nearly two decades ago, and her mother Margaret Dodd told ABC News:

“We have almost 20,000 signatures and it just shows this is important to a lot of people, not just to victims but to the general public out there… The law needs changing.”

South Australia’s Correctional Services (Parole) Amendment Act 2015, which contained similar provisions, was assented last year and commenced on February 11.  ABC News reports there were also calls for the laws to be introduced in Queensland.

In a statement released on his website, Mr O’Donohue said:

“Families have a right to bury their loved ones and they should decide the resting place, not convicted killers.

The Liberal Nationals Coalition believes that the rights of victims and their loved ones should be at the heart of the justice system and that criminals should be held to account for their crimes… 

That is why Matthew Guy announced last year that we will legislate so that any convicted murderer who has not previously disclosed the location of the body of their victim, or who has otherwise withheld critical information, would be ineligible for parole until they did so.

The question is now whether Daniel Andrews will support this important strengthening of the parole system in the interests of victims and the community.”

WA Shadow Attorney-General John Quigley told ABC News that he believed the change would ‘offer an extremely strong incentive for murderers to assist authorities’, saying:

“If you are convicted of murder and you have not revealed the whereabouts of the victim, you will be cemented into that prison forever…

We are sick of people suffering interminably ... the community is revolted by the fact.”

However, WA Attorney-General Michael Mischin told ABC News the plan was a “beat up”, saying the changes would have no effect as the current law already allows for discretion when recommending parole:

“As long as I am Attorney-General, I would not be recommending to the Governor any release on parole for a murderer who has not revealed the location of the victim's body…

[Labor] talks about many cases — I challenge them to name one since we came into government where it has happened. It is simply a non-issue.

It seems to be me to be a beat up based on a lady's grief, but I can assure you the current law accommodates what they are proposing.”

Both bills remain in their introductory houses, awaiting the second reading debates.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

Sources:

Sentence Administration Amendment Bill 2016 (WA) - available from TimeBase LawOne service

Corrections Amendment (No Body, No Parole) Bill 2016 - available from TimeBase LawOne service

Correctional Services (Parole) Amendment Act 2015 (SA) - available from TimeBase LawOne service

Hayley Dodd: 'No body, no parole' legislation sparked by petition from missing teen's parents (Jacob Kagi, ABC News, 14 February 2016)

Related Articles: