Fiona Nash (NSW, National Party) Share this | Link to this | Hansard source

My question is to the Minister for Justice and Customs, Senator Ellison. Will the minister update the Senate on the Australian government’s commitment to ensuring ongoing public confidence in the Commonwealth criminal justice system?

Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Link to this | Hansard source

I thank Senator Nash for a very important question on something which is vital to all Australians, and that deals with the question of law and order. At the last election we undertook to review penalties in relation to Commonwealth offences. Last week I announced that review and it dovetails with a review undertaken by the Australian Law Reform Commission in relation to sentencing. While I am on my feet, I just want to make a correction. The review that I announced was not necessary because of the Australian Law Reform Commission’s review of sentencing. This is something completely different. It is looking at whether we at the Commonwealth level have in place penalties which meet community expectations.

Opposition Senators:

Opposition senators interjecting—

Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Link to this | Hansard source

I know the opposition are making interjections. They are not interested in what the community thinks. They are not interested in what Australians think about criminal law and condign punishment for people who commit serious offences, but we are and we are carrying out our undertaking at the election to have a look at it.

I can point out that, while states and territories deal with offences largely dealing with the person and property, at the Commonwealth level there are some very serious offences indeed with which we are involved. Of course, we are cracking down on the illegal importation of drugs, people trafficking, sex trafficking and child sex tourism. That might be of some interest to senators opposite, but we are vitally interested in this. I might also point out that, when you look at the penalties that we have in place, it is vitally important that we abide by the undertaking that we gave the Australian people that those penalties will meet community expectations, and that is what this is all about.

I was interested to note that, out of some 691 Commonwealth offenders that we have around the country, over 200 are serving sentences in excess of 10 years imprisonment. In some cases, they are serving life imprisonment with non-parole periods exceeding 20 years for drug trafficking. I think that sends a very clear message in relation to the seriousness with which we attack the trafficking of drugs. Part of this will also assess the adequacy of penalties in relation to corporations. We have heard the opposition talk a great deal about corporate liability, but what we will be looking at is the question of penalties for corporations.

Opposition Senators:

Opposition senators interjecting—

Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Link to this | Hansard source

I still hear the opposition interjecting. Do they disagree with that? Do they disagree with a review which would look at the question of a penalty unit at the Commonwealth level being equal to $110? It is timely that we look at this and review it to make sure that it accords with the expectations of the Australian public.

Joe Ludwig (Queensland, Australian Labor Party, Manager of Opposition Business in the Senate) Share this | Link to this | Hansard source

Senator Ludwig interjecting—

Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Link to this | Hansard source

But, of course, Senator Ludwig is interjecting and does not believe that. He does not believe that the Australian public should have input into penalties for criminal law. This is something about which we are getting a clear message from the Australian community: they want appropriate penalties for serious crime. That is something that the states and territories might be refusing to deal with but we at the Commonwealth level are not. That is precisely what this is about.

We are also considering the Law Reform Commission’s inquiry regarding a guide to framing Commonwealth offences, which is dealing with civil and administrative penalties. That, too, feeds into the overall approach that we have regarding the adequacy of laws in relation to criminal jurisdiction at the Commonwealth level. Whilst, as I say, the states and territories deal with offences which largely relate to the person and property, we at the Commonwealth level have a responsibility to make sure that our penalties meet community expectations for serious crimes such as drug trafficking, sex trafficking, child sex tourism, child pornography on the internet, and a range of other very serious offences on which Australians would expect us, as a responsible government, to take appropriate action. That is what this is about.

Chris Evans (WA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

What is the action? A review again!

Paul Calvert (President) Share this | Link to this | Hansard source

Order! Senator Evans, you are not setting a very good example by shouting across the chamber.