Dr Marisa Paterson has confirmed the policy change following lobbying by victims-of-crime advocates, including John Mikita. Photos: Michelle Kroll/Albert McKnight.
CONTENT WARNING: This article may distress some readers.
A change to government policy will ensure the distress and confusion caused by a double murderer’s application under the Transitional Release Program from jail earlier this year does not happen again.
Scott Alexander McDougall applied for a program to support his potential release from custody, not to actually be released from custody, but it still upset his victims’ families and caused outrage from the community when it was revealed in July.
His application for the Transitional Release Program (TRP) was ultimately unsuccessful. The ACT Government has now clarified the relevant policy, which will prevent a similar situation from occurring again.
In September 2008, McDougall, then aged 34, killed 48-year-old Struan Bolas and 35-year-old Julie Sarah Tattersall by repeatedly attacking them with a meat cleaver at a home in Downer.
The Queanbeyan man then set fire to the house and his victims were found dead, both with significant injuries, after firefighters arrived to extinguish the blaze.
A judge-alone trial in 2011 found McDougall guilty of two counts of murder. He was sentenced to life imprisonment on both counts.
Earlier this year, it was reported he had applied for the TRP, which supports detainees on their reintegration into the community.
This development was met with outrage from the community at the time.
But while he applied for the TRP, he had not applied for a ‘release on licence’, which is what he had to be granted to be released from custody as he is serving a life sentence.
The Attorney-General and another member of the executive must be satisfied that exceptional circumstances exist to grant the licence.
McDougall’s application for the TRP was ultimately rejected.
This week, victims of crime advocate John Mikita announced that the ACT Government had confirmed amendments to the Transitional Release Policy, which will prevent offenders serving life sentences without parole from being considered for conditional release programs.
He said for the Tattersall and Bolas families, this decision provided reassurance that McDougall will never be eligible to apply for transitional release unless granted special consideration by the Attorney-General.
“This change means we can finally have confidence that when the court says life without parole, it truly means life,” Mr Mikita said.
“The ACT has now closed a loophole that should never have existed.
“It’s a step forward for accountability and transparency in our justice system and a clear sign that victims’ voices matter.”
An ACT Corrective Services spokesperson said the change means that if a detainee is subject to a life sentence without a non-parole period, they must have a determined release date in addition to meeting the other eligibility criteria required in the policy.
“Importantly, while all detainees who meet the eligibility criteria are entitled to apply for the program, access is not automatically granted and is subject to a rigorous risk-assessment process,” the spokesperson said.
“Community safety, in particular the safety of victims, is paramount in all related decision-making processes.”
Minister for Corrections Dr Marisa Paterson said the Tattersall and Bolas families were formally notified of the change in a letter she sent them earlier in October.
“The policy was revised to ensure it more accurately reflects the intended purpose and guiding principles of the program,” she said.
Australian Federal Police Association president Alex Caruana said he saw the policy change as a vital step forward in prioritising public safety, upholding the integrity of sentencing and providing greater certainty and protection for victims and the broader community.
“By limiting applications in these severe cases and vesting authority in the Attorney-General for any exceptional determinations, the government has demonstrated a commitment to balancing justice with compassion, while firmly reinforcing that the most serious crimes warrant the most stringent consequences,” he said.
Mr Caruana also thanked Mr Mikita for his advocacy on behalf of victims.
“His dedication has been instrumental in shining a light on the real human impact of these policies, helping to drive meaningful change that honours those affected by crime,” he said.
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