Mark Dreyfus (Isaacs, Australian Labor Party, Shadow Attorney General) Share this | Hansard source

Labor supports the Crimes Amendment (Remissions of Sentences) Bill 2021. The bill will repeal section 19AA of the Crimes Act, which applies remissions granted under state or territory laws to head sentences for Commonwealth offences. A remission is a reduction in the term of a prison sentence. The upshot of section 19AA of the Crimes Act is that any such reduction to a prisoner's sentence under a state or territory law is applied automatically to the head sentence of an individual who has been convicted of Commonwealth offences. The laws of states and territories vary in this area, which means that individuals who are handed the same sentences in different states may ultimately end up serving a different term of imprisonment, depending on the state or territory in which they are sentenced.

The other aspect of section 19AA of the Crimes Act, subsections 19AA(2) and (3), would also be repealed. Subsection 19AA(2) applies any state or territory law crediting what is known as 'clean street time' as a reduction of a federal offender's sentence in the same way as clean street time would apply to reduce the sentence of a state or territory offender in the same jurisdiction. Subsection 19AA(3) ensures that clean street time is taken into account where an offender breaches their parole in a state or territory that does not provide for reductions in sentences based on clean street time. The bill would replace subsections 19AA(2) and (3) with a new subsection in a different part of the Crimes Act. While courts could still consider clean street time when dealing with federal offenders who have breached their parole conditions, state and territory laws in relation to clean street time would no longer apply automatically to federal offenders.

This bill was the subject of an inquiry by the Senate Legal and Constitutional Affairs Legislation Committee. The primary concern raised by submitters about the bill was that the measures in the bill would apply retrospectively, with the effect that reductions in sentences that had already been applied would be removed by the bill. In response to that concern, the Attorney-General's Department submitted:

Remissions and reductions from sentences are not an entitlement, and it is not unreasonable to expect that changes may be made from time to time to discretionary benefits such as these.

It also noted that the changes in the bill would not impose any additional punishments or change the sentence imposed by the sentencing court.

Labor understands and takes very seriously the concerns raised by submitters about this aspect of the bill. However, on balance, we do not think those concerns outweigh the clear advantages associated with ensuring greater certainty and consistency when it comes to the length of federal sentences and the interests of community safety. I commend the bill to the House.

Question agreed to.

Bill read a second time.

See this speech in context