Steve Fielding (Victoria, Family First Party) Share this | Link to this | Hansard source

My question is to Senator Johnston, the Minister representing the Attorney-General—

Opposition Senators:

Opposition senators interjecting—

Alan Ferguson (President) Share this | Link to this | Hansard source

Order! Senators on my left, I cannot hear Senator Fielding’s question. We will not proceed until the Senate comes to order.

Nick Sherry (Tasmania, Australian Labor Party, Shadow Minister for Banking and Financial Services) Share this | Link to this | Hansard source

Until it wakes up!

Alan Ferguson (President) Share this | Link to this | Hansard source

Senator Sherry! I will not ask you again.

Steve Fielding (Victoria, Family First Party) Share this | Link to this | Hansard source

Thank you, Mr President. I will start again. My question is to Senator Johnston, the Minister representing the Attorney-General. Minister, as you are aware, in December last year the government changed the law so that recreational fishermen caught dropping a line in the Great Barrier Reef Marine Park green zones would no longer receive criminal convictions. While the government fixed its mess, there are still 324 fishermen who were prosecuted before the law was changed and who now all have criminal records. Minister, given that the government has only partly fixed the problem, and given that it now admits this breach is not criminal activity, will it now rescind the criminal convictions of these 324 fishermen and grant them all a pardon?

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

I thank Senator Fielding for what is a very important question to those 300 fishermen who now feel aggrieved, given that there has been an amendment to repair a situation that was quite anomalous. I also pause to thank Senator Boswell, who has been arguing the case of those 300 fishermen for some long time. I can assure Senator Fielding that I have addressed those issues with open ears. I have to say that, where we have convictions recorded, often on pleas of guilty, in a belief that a certain set of circumstances prevailed, it is now not possible to go back and review those matters, because ignorance of the law is not an excuse. There are a number of High Court cases that substantiate this.

There is clearly, I think—in agreement with you, Senator Fielding—an injustice done to those 300 convictees, if I may use that expression. What I am currently doing is entertaining my department and the Attorney-General’s Department with the request of Senator Boswell. Indeed, may I say that I am hoping for an answer at any moment. This afternoon I have a meeting with respect to precisely that problem and I anticipate being in a position to address whether or not it is appropriate that pardons in the face of this anomalous and unjust situation can in fact be granted. I will make sure, if I may, through you, Mr President, that I will inform Senator Fielding, because I do appreciate his question and his interest in this subject. It is clear—

Opposition Senators:

Opposition senators interjecting—

Alan Ferguson (President) Share this | Link to this | Hansard source

Order! Senators on my left, if you wish to conduct conversations, could you please leave the chamber. It is disorderly. There is far too much audible noise and I cannot hear the minister’s answer.

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

I am very enlivened by a problem where 300 people have received convictions which, with the benefit of hindsight, appear very unjust. As I was saying to Senator Fielding, through you, Mr President, I am seeking to obtain a method of being able to adjust that, arrest that and remediate that injustice in a way that is within the law and acceptable. It is a very difficult problem but we are approaching it. I thank Senator Fielding for what I think is a very good question.

Steve Fielding (Victoria, Family First Party) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. Minister, as you have indicated, many of these fishermen have suffered enormously by being deemed a criminal in the eyes of the law. Their employment prospects, ability to get insurance or even open a bank account have all been affected. I would ask that I am kept fully informed with where it has progressed.

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

That is precisely the motivation behind why we are attempting to remediate this situation. These men now have a record of a breach of the criminal law. Their travel plans and what have you are affected. They have to declare that they have convictions against their name in circumstances where they should not have to do that, in the circumstances that have evolved with respect to those offences. I can assure Senator Fielding that I am very motivated to repair this and am doing everything I can to see what avenues are available. I will get back to him shortly, I hope, with a solution.