Rex Patrick (SA, Centre Alliance) | Hansard source

I rise to make a contribution to the Combatting Child Sexual Exploitation Legislation Amendment Bill 2019. Centre Alliance supports the Commonwealth government on its determination to protect children from all forms of sexual abuse. I'm grateful to Senator Stoker for raising and reminding the chamber of the terrible situation in relation to Carly Ryan in South Australia—an awful situation. I would like to give some credit to the government, who introduced the Criminal Code Amendment (Protecting Minors Online) Bill back in June 2017. I give credit to my former colleagues, former senators Skye Kakoschke-Moore and Nick Xenophon, who worked with the government in relation to that bill. That bill is a great example of how laws can protect children. The law is colloquially known as 'Carly's Law', and it has, indeed, prevented online predators from accessing children. Within two or three months of that bill passing the Senate, there was an arrest in relation to online predator conduct. I'm informed reliably that there are about five charges on foot in respect of that law, as I stand here today. So it's a great example of how laws can result in protection not just through dealing with perpetrators but also through creating a deterrent.

The bill we are debating today implements a number of recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse. All of the proposed measures are intended to protect children and sanction Commonwealth officers who fail to protect a child at risk of sexual abuse. Any abuse of children, irrespective of whether the offending occurs in an institution—or anywhere for that matter—is abhorrent. It is sickening. The royal commission uncovered disturbing behaviour of those in a position of trust and those turning a blind eye to children who needed help and protection. This bill will ensure that Commonwealth officers who exercise care, supervision or authority over children and fail to report child sexual abuse, or negligently fail to reduce or remove the risk of sexual abuse to those children, will be subject to criminal penalty.

New offences for the possession and control of child abuse material in the form of data stored on a computer or data storage device are also in the bill. Also banned under the bill is the ability of perpetrators of child abuse to claim they were legally married to the child. This protects the child from forced marriages. It is well documented that children trapped in early marriages are often physically, sexually and mentally abused and are subjected to rape and forced pregnancy. This amendment bill reflects Australia's abhorrence and intolerance of these types of abuses against children.

A recent development in child abuse material is childlike sex dolls. These are grotesque. Unfortunately, we know these have been imported into Australia. These disgusting dolls are a form of child exploitation material, and their possession will be criminalised under this bill. These dolls are three-dimensional, they are lifelike, they resemble children and they are intended to be used for the simulation of sexual intercourse. The banning of possession of these dolls will prevent the normalisation of abusive behaviour towards children. Research conducted by the Australian Institute of Criminology this year found, firstly, that the use of childlike sex dolls may lead to escalation in child sex offending. It also found that it desensitises users from the potential harm that actual child sexual abuse causes, that the sale of childlike sex dolls potentially results in the risk of children being objectified as sexual beings and that childlike sex dolls could be used to groom children for sex. It is obvious that the dolls encourage the sexualisation of children and are highly likely to increase the likelihood that a paedophile will engage in sexual activity with or towards children. It is deeply disturbing that there is even a market for such an object, and equally disturbing that there are overseas manufacturers that create these dolls.

My SA-BEST colleagues in South Australia introduced a bill, the Criminal Law Consolidation (Child-Like Sex Dolls Prohibition) Amendment Bill 2019, into the South Australian Legislative Council. I must confess that, when my South Australian colleagues consulted Centre Alliance on this, I couldn't believe that these things existed—and I'm a big, tough boy; I've been on submarines, I've travelled extensively and I know lots of things. These things shocked me; I couldn't contemplate that these things were available. The bill in South Australia proposes amendments to the South Australian Criminal Law Consolidation Act to include childlike sex dolls within the definition of 'child exploitation material'. The SA-BEST bill makes it an offence to produce or disseminate childlike sex dolls, with a penalty of 10 years imprisonment applying to the offence. The bill also makes it an offence to possess a childlike sex doll. A person guilty of such an offence will face 10 years imprisonment.

I am happy to inform the Senate that the bill passed the South Australian Legislative Council on Thursday 12 September this year. I would like to thank my South Australian colleague the Hon. Connie Bonaros MLC and her team for their efforts in strengthening the protections in South Australia. It is great news. There appears to be a situation where the Commonwealth and the states are working together to just rid our country of these awful things. Centre Alliance stands alongside SA-BEST, resolute in its commitment to prevent the exploitation of children. This bill and the bill before the South Australian parliament fall within that commitment. I commend the bill to the Senate.