Senate debates

Tuesday, 25 November 2014

Questions without Notice

National Sex Offenders Register

2:39 pm

Photo of Glenn LazarusGlenn Lazarus (Queensland, Palmer United Party) Share this | | Hansard source

I rise today to ask a question of the Attorney-General, Senator the Hon. George Brandis. In December 2003 a young 13-year-old boy by the name of Daniel Morcombe was abducted by a known convicted child sex offender. As we all know, Daniel's brave and courageous parents have pushed for a national sex offenders register to be implemented across the country. A national sex offenders register would not only act as a deterrent but also provide important information for communities in relation to understanding the whereabouts of and risks associated with sex offenders in their community. Could the Attorney-General please explain why the government has not taken up the plight of Australians in establishing a national sex offenders register?

2:40 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

Thank you very much indeed, Senator Lazarus, for that important question. Like you, as a Queensland senator I am very, very aware of the Morcombe case and, like you, I am sure I am lost in admiration for the courage of the late Daniel Morcombe's parents in raising public awareness of the issue of threats to children from sexual predators.

Senator Lazarus, you are correct in saying that there is no Commonwealth sex offenders register that is a public register. I can inform you that there is, however, a national child offender scheme that was created by the Howard government and launched in September 2004. The national child offender scheme is a national database that contains details of persons who have been convicted of sexual offences or other serious offences against children, either domestically or while overseas. Details of convicted sex offenders are provided to the relevant state or territory police authorities and are made available to relevant federal law enforcement authorities. The national child offender scheme was set up to provide a way for law enforcement authorities to track and monitor the movements, activities and whereabouts of these convicted sex offenders once they had been released into the community. People who have been convicted of a child sex offence or a child abuse offence are legally required to be registered under the national child offender scheme in their state or territory of residence. They are also required to comply with ongoing reporting conditions under the relevant state or territory legislation, and to report their personal details to the authorities. Perhaps I can elaborate a little more fully on the scheme in answer to your supplementary question.

2:42 pm

Photo of Glenn LazarusGlenn Lazarus (Queensland, Palmer United Party) Share this | | Hansard source

Mr President, I ask a supplementary question. The Northern Territory has recently passed legislation called 'Daniel's Law' to implement a register next year. This issue needs federal government support and leadership to achieve a nationally coordinated response and result. What is your government doing to support states and territories to adopt sex offender registers?

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

As I am in the process of explaining to you, Senator, there is a national child sex offender register which was launched by the Howard government. It is not a public register, but it is a register that makes sure that relevant information is shared among state and territory authorities. I might add that, as well, the Australian Federal Police have a significant child protection unit. Let me return though, if I may, to the way in which the national child offender scheme works. If a person who is registered under the national child offender scheme fails to comply with any of the reporting obligations to which they are subject, or if such a person provides false or misleading information to the authorities, then that itself is a crime that attracts significant penalties. That is the way in which we deal with the matter—through the exchange of information on this register.

2:43 pm

Photo of Glenn LazarusGlenn Lazarus (Queensland, Palmer United Party) Share this | | Hansard source

Mr President, I as a further supplementary question of the Attorney-General. I guess what I am asking you is: is the government going to allow the sex offenders register to become public so that people will be able to find out whether they have sex offenders living next door to them?

2:44 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

There is, I know, a very active public debate about whether the register ought to be a public register, and there are strong arguments advanced by those, including the Morcombes, why that should be so. There are also strong arguments why the register ought to be confined to the police and the policing and law enforcement authorities.

What I am sure you will agree with me is most important, Senator Lazarus, is that people who are sex offenders—and in particular those sex offenders who may have a greater propensity than others to reoffend—be under the constant scrutiny and surveillance of the police. The National Child Offenders System that has been running in this country for 10 years now under the supervision of the Commonwealth government, or with the leadership of the Commonwealth government, achieves that objective.