Christian Porter
Treasurer; Attorney General
Member for Bateman
Amendments to update Bankwest legislation
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Legislation to be introduced into State Parliament tomorrow (Wednesday) to enable Bankwest to comply with federal policy
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Key provisions ensuring Bankwest's continued commitment to WA
The State Government will tomorrow introduce legislation securing and strengthening Bankwest's financial and operational commitments to Western Australia.
Treasurer Christian Porter announced the commitments as part of a legislative package designed to enable Bankwest and the Commonwealth Bank (CBA) to comply with federal regulations requiring them to operate under a single banking licence.
Mr Porter said the Australian Prudential Regulation Authority required Bankwest (which has been owned by CBA since 2008) to cease operating as a separate company and operate under the same banking licence as CBA, or raise funds under its own Authorised Deposit-taking Institution (ADI) licence.
He said any change to allow Bankwest to operate under the CBA's ADI licence meant amendments had to be made to the Bank of Western Australia Act 1995 in State Parliament.
If amendments were not made there would be costs to Bankwest customers because Bankwest would be forced to raise funds more expensively and separately to the CBA.
"Given the potential impact on the Western Australian community and small businesses, the Government has to make the necessary minor changes to the legislation," Mr Porter said.
The Treasurer said key commitments already in the existing legislation would be maintained and updated to reflect Bankwest's new corporate structure, including continuing to carry on the type and scale of Bankwest's business at June 2011 levels and keeping the location of the head office and management in WA.
The legislation also means that, for a period of at least five years, Bankwest will be required to:
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maintain a specified minimum number of branches, business centres etc in WA, with no closure of regional branches except for amalgamations or relocations in a local area
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maintain four specified senior officers, in addition to the managing director, in WA
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maintain Bankwest sponsorship and community support activities in the State at no less than current levels.
"These additional commitments go well beyond the provisions of the 1995 Act and are a good outcome for the community in Western Australia. Further, these undertakings are backed by specific enforcement provisions with significant monetary penalties if they are not complied with," Mr Porter said.
Fact File
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The four specified senior officers are chief information officer, chief financial officer, head of human resources and chief risk officer
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Bankwest is required to provide an annual certificate confirming compliance
Treasurer's office - 6552 5600
WA's unemployment rate falls to 3.8 per cent
- Latest ABS figures reveal WA unemployment at 3.8% - the lowest in the nation
- WA's unemployment rate falls to its lowest level in over three years
Mr Porter said the latest figures from the Australian Bureau of Statistics (ABS), showed WA's labour force was the strongest in the nation.
"The strength of WA's labour market is further evidence of the State's position as the powerhouse of the national economy," he said.
But the Treasurer warned that without the Federal Government giving WA back its fair share of GST revenue, further investment in infrastructure and jobs creation in WA would be severely constrained.
"The Federal Government needs to realise that by failing to invest in WA, the entire Australian economy suffers," he said.
"Despite the crucial role played by the WA economy in the nation's future prosperity, we are being punished through increasingly lower returns of GST revenue."
Fact File
- WA's unemployment rate fell to 3.8% in April (from 4.1% in March) the lowest level since January 2009 & the lowest of all States
- The national unemployment rate was 4.9%
- Employment in the State grew by 0.5% during April, compared to 0.1% growth nationally for the month
- Employment grew by 4.0% over the year, which was the highest of all States
- WA's participation rate stands at 68.9%, the highest of all States and compares to 65.2% nationally
Expressions of Interest - State Government superannuation administration
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State Government seeks expressions of interest for outsourcing of superannuation administrative services
Treasurer Christian Porter today announced that Expressions of Interest for the provision of the Government Employees Superannuation Board's (GESB) administrative services would be sought.
Mr Porter said the move followed the decision to allow State Government employees to choose their super fund from March 30, 2012, the central reform recommended in the Whithear Review.
"As a result of this choice reform - which has been overwhelmingly supported by public sector employees - GESB will not have the economies of scale to offer the most cost effective administration services in the long run," he said.
"If GESB is prevented from exploring options to lower the cost of providing administrative services, the effect could be higher costs to those who do choose to remain with GESB."
The Treasurer said procuring administrative services from a specialist external provider would be aimed at achieving lower costs to members. Outsourcing should also enable GESB to keep pace with the many superannuation reforms and other challenges in a rapidly changing industry.
Mr Porter said many super funds across the industry were currently procuring administration services from external providers to minimise operating costs and gain efficiencies through economies of scale.
"The Government is undertaking this reform so that GESB will be able to ensure their administrative costs are competitive," he said.
Mr Porter said the provision of GESB's superannuation administration services was expected to appeal to the market and should result in better outcomes for both existing members and future State employees, primarily from competitive fees and services to members, particularly over the longer term as the superannuation industry continued to consolidate these services.
"This opportunity to compete for the provision of these services offers the market an exciting opportunity to engage with the State and GESB in these reforms to maintain competitive services to members," he said.
Fact File
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Invitations for Expression of Interest for provision of administrative services will be issued to the market in June and it is anticipated that transition to new superannuation administration service arrangements will begin in the second half of 2013
Treasurer's office - 6552 5600
Double jeopardy legislation passes
- Laws mean a person could be tried twice for same offence in certain circumstances
- Laws bring WA in line with other Australian jurisdictions
Attorney General Christian Porter said the legislation meant those who had walked free from court over alleged serious offences could face a retrial if fresh and compelling evidence came to light.
Previously, the principle of double jeopardy meant a person could not be tried twice for the same offence.
Mr Porter said the legislation was a reflection of the significant advances in forensic science that had been made in recent times, meaning some cases could be retried with the new evidence.
"This important legislation now means Western Australia is in line with other Australian jurisdictions on this issue," he said.
Amendments to the Criminal Appeals Act 2004 now mean senior legal officers such as the Attorney General or Solicitor General can apply to the Court of Criminal Appeal for permission to retry an acquitted person if fresh and compelling evidence has come to light.
This only applies to the most serious offences under WA law where the penalty is life imprisonment or imprisonment for 14 years or more.
- The legislation will be subject to review after 5 years
- The legislation has been drafted with the safeguards recommended by the Council of Australian Governments, including that the retrial must be in the interests of justice; there must be a strong case for retrial; and police may not start investigating an acquitted person without the permission of legal authorities
Crime grants applications open
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Grants of up to $200,000 available
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Crime grants to benefit the community
Attorney General Christian Porter today launched the latest round of the Criminal Property Confiscation Grants program, which allows local governments and non-profit community groups to apply for grants of up to $200,000.
Mr Porter said the program, administered by the Department of the Attorney General, allocated the grants from a pool of funds seized under the State's tough proceeds of crime laws.
The Attorney General said the grants would fund projects designed to prevent or reduce drug-related crime and drug abuse, support crime victims or to aid law enforcement.
"The grants are released to the successful applicants once they have met certain pre-conditions, including contributing in-kind support to the project they are going to run," he said.
Criminals' money and property can be seized by the WA Police and the Director of Public Prosecutions under the Criminal Property Confiscation Act 2000.
A total of $2million has been made available in this latest round of the program.
The closing date for applications is Friday, June 29, 2012 at 5pm.
Fact File
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In the latest round of the State Govt's criminal property confiscation grants program, 14 grants totalling $1.76m were offered to local government and non-profit community groups
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Further information about the program, including guidelines and an application form, is available at http://www.dotag.wa.gov.au
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All applicants are encouraged to discuss their proposed project with the department's grants administrator on 9264 1206 (country callers 1800 994 400)
Attorney General's office - 6552 5600
GST slash calls for strong decisions
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Two per cent savings initiatives to be implemented across Government
Government agencies and Government Trading Enterprises (GTEs) will be required to identify waste and ensure more efficient spending under new savings initiatives announced today by the State Government.
Treasurer Christian Porter said the initiatives would not impact on frontline service delivery outcomes and would form part of the 2012-13 State Budget.
"These initiatives are a necessary response to the Federal Labor Government's decision to reduce Western Australia's population share of the GST to 55 per cent in 2012-13," Mr Porter said.
"Our State is now suffering an unprecedented reduction in funding at the hands of the Federal Labor Government with confirmation last week that WA's share of GST grants would be slashed from the already low 72 per cent to just 55 per cent in 2012-13.
"Compared to our full population share of the GST, a 55 per cent share will cost WA about $2.4billion in 2012-13 and current predictions indicate a loss of about $16billion over the five years to 2015-16.
"Prime Minister Julia Gillard has effectively taken more than $800million of WA taxpayer's money out of the State Budget overnight. To ensure the State finances remain in surplus, the Liberal National Government has had to make the strong decisions and commit to finding savings inside the State Budget."
The Treasurer said the savings initiatives would include:
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an efficiency dividend to identify waste and savings to be applied to public sector agencies from 2012-13, starting at two per cent for all departments (one per cent for education), with additional one per cent dividends to be achieved in each of the three financial years to 2015-16. These efficiencies will be achieved without impacting on frontline service delivery outcomes
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a further efficiency dividend for GTEs to be measured as a percentage of the discretionary spending, starting at 2.5 per cent in 2012-13 with an additional 1.5 per cent in 2013-14, 1.5 per cent in 2014-15 and 0.5 per cent in 2015-16. This builds on the existing five per cent efficiency dividend applied to these entities in 2011-12 which has already achieved confirmed savings of $524million
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a two-year freeze on the growth in the number of public sector workers to further control public sector salaries expenses - except frontline services in police, education and health. This measure will require all departments to operate for the next two financial years inside their FTE cap as it was set in 2011-12. These savings will not impact on frontline service delivery outcomes
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formal policy of limiting general government sector FTE growth to 1.5 per cent per year in 2014-15 and 2015-16
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deferral of spending on a range of capital works projects across a number of agencies.
"These initiatives are designed to guarantee the WA taxpayers that public departments are operating efficiently with as little waste as possible," Mr Porter said.
"The Liberal-National Government has a solid record of cutting waste and delivering more efficiency across the public sector and this initiative further reflects our commitment to do the hard work to keep the State finances in surplus."
The new savings initiatives build on the highly successful measures to achieve efficiencies in the public sector that have already been introduced by the Liberal-National Government since 2008, including:
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a three per cent efficiency dividend on the general Government sector starting in 2009-10, which saved $1.46billion over four years
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the first five per cent efficiency dividend on GTEs discretionary spending in 2011-12, saving $524million over four years to 2015
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the targeted savings initiatives built into the 2011-12 Budget, saving $300million
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recommendations from stage one of the economic audit conducted shortly after the 2008 election and implemented in the 2009-10 Budget, saving $979.6million (including targeted reductions in grants spending saving $145.4million over four years and a reduction in agency procurement costs of $239.2million over four years)
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voluntary severance programs, saving $216million between 2012-13 and 2015-16
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$3billion saved through the Capital Works Audit at the time of the Global Financial Crisis.
Fact File
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WA receives the lowest share of GST grants, while Victoria is next lowest at 92 per cent in 2012-13, and NSW and Queensland also slightly below 100 per cent. Other States and Territories get well over 100 per cent
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WA will receive just $1,219 a head of population next financial year, compared with nearly $2,177 in Queensland and more than $12,223 in Northern Territory
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In 2012-13, the Northern Territory will receive basically the same GST grant as WA, despite having only one per cent of the population compared to WA's 10.4 per cent and despite not having anywhere near the infrastructure requirements of WA
Treasurer's office - 6552 5600
Coronial appointments to reduce backlog
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Three coronial appointments made by State Government
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Backlog of administrative cases and coronial inquests to be addressed immediately
Attorney General Christian Porter today announced the appointment of three temporary coroners to assist in reducing the backlog of coronial cases.
Mr Porter said the new appointments of Barry King and Peter Collins as coroners would commence this month.
"Both Mr King and Mr Collins bring a wealth of legal experience with them to the position," he said.
"Mr King has been employed as Senior Assistant State Counsel with the State Solicitor's Office, and Mr Collins has been employed as the Director of Legal Services with the Aboriginal Legal Service of WA."
The Attorney General said in addition to those appointments, current coroner Dominic Mulligan had been appointed to continue in the role.
"Mr Mulligan has extensive experience in coronial inquests and will, I am sure, continue the excellent work he has already undertaken in the role," he said.
Mr Porter said these appointments showed the State Government was committed to reducing the current coronial backlog.
The funding for the appointments has been allocated as part of the State Government's 2012-13 Budget, comprising an additional $509,000 in resourcing for the Coroner's Office in 2011-12, and an additional $1.015million in 2012-13.
The funding also includes the appointment of five extra support staff.
Fact File
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The number of coronial backlog cases as at March 31, 2012 was 861
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Of those, 99 cases require an inquest
Attorney General's office - 6552 5600
New chair for Prisoners Review Board
- Robert Cock QC appointed new chair of Prisoners Review Board
- Appointment for three-year term
Mr Porter said the appointment, for a term of three years, would begin immediately.
"Mr Cock is an outstanding lawyer with extensive experience in criminal and public law as well as in public administration," he said.
"He is very well suited for these positions."
Justice Narelle Johnson's three-year tenure as chairperson expired last Friday.
The Attorney General thanked Justice Johnson for her hard work and contribution to the role.
"Justice Johnson has done a tremendous job in the role during the last three years," he said.
Mr Porter said Justice Johnson was due to return to her role as a Supreme Court Judge today but that health reasons had prevented her from resuming this position immediately.
"I send Justice Johnson and her family the State Government's best wishes for a fast and full recovery," he said.
Mr Cock was admitted as a legal practitioner in 1979 and worked in various capacities in the Crown Solicitor's Office until his appointment as Crown Counsel in 1992.
He held the office of Director of Public Prosecutions from 1999 to 2009. Since then, he has worked as Special Counsel to the Premier.
Fact File
- Prisoners Review Board responsible for all decisions about release on parole
- Has authority to recommend, grant, defer or refuse early release orders
- Mentally Impaired Accused Review Board reports and makes recommendations to the Attorney General relating to those either unfit to stand trial or acquitted on account of unsoundness of mind and detained under custody orders
Fine defaulters to face new penalties
- New enforcement measures to include wheel clamping and removal of licence plates
- Legislation to impact only on small section of serious and repeat fine defaulters
Attorney General Christian Porter said amendments to the Fines, Penalties and Infringement Notices Act 1994 would target a small section of fine defaulters who had continually ignored notices and requests to pay infringements and fines over a substantial period of time. The laws will target those serious defaulters who have more than $2,000 worth of unpaid infringements and those serious defaulters who have in excess of $1,000 worth of court fines outstanding.
"The Government has been concerned for some time that current options available to enforce the payment of fines by the small group of serious defaulters generally do not go beyond licence suspension," Mr Porter said.
"That is why we are introducing additional enforcement measures, such as wheel clamping and licence plate removal, to recover unpaid fines and infringements."
As at March 6, 2012, $251million was owed from 739,793 unpaid fines and infringements.
"While most of the presently outstanding amount is under active recovery, some of it represents debts ignored by a hard core group of fine defaulters," the Attorney General said.
Mr Porter said if these offenders owned vehicles, they could have their wheels clamped for 48 hours or have their licence plates removed for 28 days. In the worse cases of refusal to pay, the removal of licence plates could be permanent, which would alert police to those serious defaulters who continue to drive while under licence suspension.
The legislation also provided for the publishing of the small group of the most serious fine defaulters names on a Government website.
But the Attorney General said the Bill was not targeted at people with one-off transgressions and that time-to-pay arrangements would continue to apply.
Those who face the new penalties include people who:
- have managed to accumulate more than $2,000 worth of infringements and/or $1,000 worth of fines
- have disregarded the many warning notices issued by both the prosecuting authority and the Fines Enforcement Registry over a significant period of time
- have not arranged to go on time-to-pay arrangements even though they have faced licence suspension.
"The people who continue to drive while disqualified pose a risk to themselves and other road users by driving when they should not be, and while uninsured."
Clamped vehicles will carry a large and bold adhesive sticker to explain the penalty to the owner and the general public.
"The wheel clamping measure is likely to compel payment from individual defaulters as well as providing an incentive to other serious defaulters who have up until now refused to pay off their outstanding fines or infringements," the Attorney General said.
Fact File
- Fines are court-imposed fines whereas infringements include parking and speeding fines
- It is estimated there are 12,000 West Australians who have more than $1,000 worth of unpaid court-ordered fines and 33,000 West Australians who have more than $2,000 worth of unpaid infringements
- The proposed legislation also includes amendments to the Equal Opportunity Act 1984 to ensure that the publication of a person's name on the Government website cannot be used as a ground for discrimination in a number of circumstances, including in relation to employment and accommodation
- The new enforcement measures will be subject to an evaluation after three years
Govt sex offender register passes Parliament
- WA public to soon have access to public sex offender website
- State Govt delivers another election commitment with passage of the Community Protection (Offender Reporting) Amendment Bill (No.2) 2011
For the first time the WA community will have access to a website that provides details, including photographs, of known reportable sex offenders who are non-compliant with their reporting obligations and whose whereabouts are unknown to WA Police.
Attorney General Christian Porter said the legislation had been carefully developed to provide three tiers of protection to WA families against serious and dangerous sex offenders.
"The first tier is open to the entire public to access and provides photographs and details of the most dangerous sex offenders who have gone underground," Mr Porter said.
"The second and third tiers have been specifically designed to offer parents greater protections and access to information about persons living in their communities or looking after their children.
"The legislation strikes the right balance between the rights of the public to access information about sex offenders and the need to ensure those offenders can be appropriately managed by WA Police."
Tier 2 of the legislation enables a person to make a request through the website and be provided with the photograph of any high risk sex offenders living in their postcode and adjoining postcodes.
Offenders that could appear on Tier 2 include those subject to dangerous sexual offenders supervision orders; those who have committed a further sex offence while already subject to reporting requirements; and those who have such a serious criminal conviction that the Commissioner of Police and the Police Minister agree they present a serious risk to the safety of the public which warrants the public being able to access their photo on the website.
People who wish to access Tier 2 information must submit proof of their identity and their locality and must acknowledge information that becomes available will not be misused.
Tier 3 is available to parents and guardians only as it allows them to find out if a person with direct access to their children is a reportable offender.
Applicants must provide their full details, the identity of the person of interest and the level of contact that person has with the child. Police will assess the request and determine if it is genuine. The Commissioner of Police will always retain discretion to determine whether disclosure should occur.
Child Protection Minister Robyn McSweeney said the legislation was a necessary measure towards keeping children safe in the community.
"Child sex offenders do immeasurable damage and the State Government has a responsibility to protect vulnerable children from paedophiles," Mrs McSweeney said.
Fact File
- The website is expected to be operational by July 2012
Minister's office - 6552 5600
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Post: PO Box 49, West Perth WA 6872
