Julian Leeser (Berowra, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

I move:

That this bill be now read a second time.

There can be few more important or urgent matters for parliament to deal with than the prevention of child sexual abuse and the bringing of perpetrators to justice, as is outlined in this bill. I said all of the things I wanted to say when we moved a suspension of standing orders recently. This is not a partisan matter, but it is an urgent matter. On that basis, I cede the remaining part of my time to the new shadow Attorney-General, the member for Fisher.

Milton Dick (Speaker) Share this | Link to this | Hansard source

Is the motion seconded?

Andrew Wallace (Fisher, Liberal National Party, Shadow Cabinet Secretary) Share this | Link to this | Hansard source

I second the motion. The Crimes Amendment (Mandatory Minimum Sentences for Child Sexual Abuse) Bill 2025 is about one simple principle: that those who abuse, exploit or prey upon children must face justice—real justice. No Australian parent, family or community should ever have to wonder whether the law truly values the safety and dignity of a child, and yet recent events show our current sentencing framework does not meet that test always.

In the 2024-25 financial year, the Australian Federal Police received more than 82,764 reports of online child sexual exploitation. That is a 41 per cent increase in just 12 months. It's an average of 226 reports every single day. Just let that sink in. Each one of those reports represents a child, a real child, and a family whose lives have been shattered by unspeakable harm. That means that in the 18 days between when the former shadow attorney, the member for Berowra, first introduced this bill to today more than 4,000 instances of online child sexual exploitation have been reported to the ACCCE—4,000. Four thousand children, 4,000 families in less than three weeks. Those figures seem unfathomable.

When a child is sexually abused, the impact on the family is devastating and enduring. Families may struggle with disbelief, blame, conflict, while the child's sense of safety and security is deeply harmed. The trauma extends beyond the child, affecting parenting, sibling bonds and the family's overall stability. And yet too often those who commit these despicable crimes face sentences that are manifestly inadequate. The Maloney case in Victoria brought this into sharp relief. A father who committed 19 separate acts of sexual abuse against his five-year-old daughter, producing and transmitting 77 files of child abuse material, was sentenced to just 2½ years in prison. For the Commonwealth offences of producing and transmitting child abuse material, the offender received only six months imprisonment before being released on a recognisance release order. Six months imprisonment for 77 separate pieces of child abuse material—that is not justice; that is a betrayal of the child, a betrayal of the community and a betrayal of every Australian who believes that the law should reflect our deepest values.

The bill seeks to correct that. First, it establishes that child sex offences involving the use of a carriage service, including using a carriage service for child abuse material, is an offence under section 474.22 of the Criminal Code. This is the provision that, among other things, makes it an offence to transmit child abuse material. This is one of the offences at issue in the Maloney case. Another is possessing or controlling child abuse material obtained or accessed using carriage services, which is an offence under section 474.22A of the Criminal Code and is more or less self-explanatory. Possessing, controlling, producing, supplying or obtaining child abuse material for use through a carriage service, which is an offence under section 474.23 of the code, was the other offence at issue in the Maloney case.

Second, it establishes child sex offences that involve the use of a postal service, including using a postal or similar service for child abuse material, an offence under section 471.19 of the code, and possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service, an offence under section 471.20 of the code.

Importantly, this bill closes a loophole exposed by the Maloney case. It provides that a recognisance release order, which is effectively a release on good behaviour, cannot be made for Commonwealth child sex offences unless there are exceptional circumstances, and ensures that offenders cannot walk free after serving only a fraction of their sentence for crimes that devastate young lives.

This bill builds on the mandatory minimum sentencing regime first introduced by the coalition government in 2019, which saw longer sentences, more guilty pleas and more offenders entering rehabilitation. When we introduced that legislation, Labor initially sought to remove the mandatory sentencing provisions. But, faced with overwhelming public support, they eventually joined with the coalition in a bipartisan spirit to pass the law. I call on the government today to do the same, to put politics aside and to put the safety of our children first.

I want to pay tribute to my colleague the member for Berowra, the former shadow Attorney-General and the Leader of the Opposition for their tireless work in bringing this bill forward. The member for Berowra and the Leader of the Opposition acted with conviction, compassion and urgency, driven by a simple belief that every child deserves to grow up safe, loved and free from fear. I thank them for their leadership and their commitment to the protection of children in this country.

I also want to acknowledge Bruce and Denise Morcombe and the Daniel Morcombe Foundation, whose decades of advocacy have made child safety a national cause. Bruce and Denise have turned their family's unimaginable loss into a movement for change. They've given a voice to victims, survivors and families across Australia. The Daniel Morcombe Foundation has publicly supported this bill, recognising that strong deterrents and clear sentences save lives and prevent abuse before it happens.

The bill is not just about punishment. It is just as much about protection, because, while sentencing matters, prevention matters just as much—if not more. This bill will serve as a strong deterrent from this appalling conduct. The coalition has long called for stronger child safety frameworks across the nation, including reforms to the Working with Children Check, mandatory prevention training, and national standards informed by the Royal Commission into Institutional Responses to Child Sexual Abuse.

The Australian Centre to Counter Child Exploitation is another vital part of this national effort. It was established and funded under a coalition government, reflecting our longstanding and unwavering commitment to protecting innocent lives and safeguarding Australian children, and that must always be our focus. Too often the scales of justice have been tipped towards the rights of offenders instead of compassion for the victims, who will live with this trauma forever, and of course the protection of the community. That imbalance must end. The recent case of a childcare worker charged with more than 70 offences after working in 20 different centres shows how urgently reform in this space is needed.

This bill is not complicated. It does not create new offences; it simply ensures that when a person commits one of the most heinous crimes imaginable the sentence they receive reflects the gravity of their crime. No-one who produces or transmits child abuse material should be able to walk free after six months—not one, not ever. This bill sends an unmistakable message: if you exploit a child you will do serious jail time. The transmission of these images is not a victimless crime; it creates a market for child sexual abuse, and anyone involved in this heinous crime should do that serious time, not just get a slap over the wrist.

This is an opportunity for every member in this parliament to stand together, to rise above partisanship and to affirm a basic truth: that the protection of our children is not a political issue; it is our moral duty. Our message today is simple and clear: Australia will not tolerate child sexual abuse, whether that is online or offline. Those who commit these crimes should face the full force of the law, and this parliament, united, will protect the most vulnerable among us. I commend the bill to the House.

Debate adjourned.