Claire Chandler (Tasmania, Liberal Party) | Hansard source

I rise today in support of the Combatting Child Sexual Exploitation Legislation Amendment Bill 2019. This is a very important bill—part of the Morrison government's commitment to keep Australians safe. There is no greater duty for any nation than to keep their children safe, and there is no more abhorrent threat to the safety of children than sexual predators. The Royal Commission into Institutional Responses to Child Sexual Abuse showed to all Australians the depth and extent of this threat. The government has responded by bringing forward legislation to implement its recommendations, including the legislation that we are debating today.

This bill implements a number of recommendations of the royal commission as well as additional measures to target child exploitation in Australia and overseas. It also addresses operational difficulties faced by the Australian Federal Police, Border Force and the Commonwealth Director of Public Prosecutions in investigating and prosecuting new trends in child abuse. The bill consists of seven schedules, each of which addresses an important area of tackling child abuse: failure to protect children from or to report child sexual abuse offences; preventing the possession of childlike dolls; possession or control of child abuse material that has been sourced using a carriage service; strengthening laws for overseas persistent child sexual abuse; expanding the definition of 'forced marriage'; restricting the defence for overseas child sex offences based on a valid and genuine marriage; and expanding the meaning of 'child abuse material'.

It was pleasing to hear during consultation and public hearings on this bill by the Legal and Constitutional Affairs Legislation Committee, of which I am a member, that there was widespread support for the intent of each of these sections. Indeed, the committee has recommended that the bill be passed. But, while there was widespread agreement on the intent of each part of the legislation, there were a number of changes suggested by various legal groups during committee consideration which I would like to address today. I certainly respect the expertise of the Law Council of Australia and other legal groups who submitted to the inquiry. However, I strongly disagree—and, indeed, the committee disagreed—that there should be any watering-down of penalties or the ability to prosecute these offences. The people of Australia expect this parliament to make it abundantly clear to courts that child abuse offences are incredibly serious crimes and should be dealt with accordingly.

As honourable senators know, this government has a policy position to introduce mandatory minimum sentences for child sex offenders who commit federal offences. This is in response to the shocking statistic that almost one-third of all child sex offenders who were sentenced last year were not required to spend a single day behind bars. Labor voted against similar legislation in 2017 at a federal level, and I'm very glad that Senator Patrick has referenced here today the work that is happening in his own state of South Australia, because I think it's very important for us to take a Commonwealth-state approach to dealing with this issue. Regrettably, at the same time, at a state level in my own state of Tasmania, the Labor opposition has repeatedly blocked legislation to implement mandatory jail time for paedophiles—a position which has been the subject of huge public outcry in Tasmania.

Over the last week we've been led to believe by various comments by Labor that, this time, they may see sense and not oppose mandatory jail time for paedophiles at the federal level. Indeed, it's promising to hear comments from Labor senators today indicating that they understand the severity of the issue of child exploitation and paedophilia that we're dealing with here. Yet, in the comments from Labor senators on this combating child exploitation bill, they've gone out of their way to make clear that they oppose mandatory sentences for child sex offenders. It's incredibly disappointing that Labor members at the state and federal level have seemingly not listened to the voices of victims and survivors on this very important matter.

After Labor voted down the last mandatory sentencing bill in the Tasmanian parliament, Mr Steve Fisher of the organisation Beyond Abuse said survivors were in shock over this action. He told The Examiner newspaper:

We are shocked, saddened and downright angry that after speaking to the Labor Party and being promised a meeting to discuss Labor's position on mandatory sentencing that, in a matter of hours they garnered enough support to vote this crucial bill down. This is one of the more untrustworthy things we have seen from a political party in the last 20 years and the question remains as to whether they have any regard for the wishes of survivors and the general public in Tasmania.

Mr Fisher pointed out that we need mandatory sentencing because people will not come forward if they know the perpetrator will not have to pay for what they have done.

It is not only beyond time that Labor backed tougher sentencing laws for these vile crimes here in the Commonwealth parliament; they must do the same in the Tasmanian parliament. The Labor opposition leader in Tasmania, Rebecca White, has repeatedly forced her party to block mandatory sentencing for child sex offender legislation in the Tasmanian parliament. However, more recently, she has admitted that her own party has had a somewhat unhealthy obsession with voting for the Greens and against our Liberal state government. I suggest that, if Ms White is serious about listening to the community and representing the voters of Tasmania, she should back that rhetoric with action by picking up the phone to the Premier of Tasmania, Will Hodgman, and offering Labor's support to pass legislation which will ensure that paedophiles are put behind bars.

Today, we welcome the support of those in the chamber, including the opposition, who will vote for this particular bill that we are debating today. But everyone should be aware that what survivors and victims really want is justice in the form of significant prison time for their abusers. They want to know that the pain and trauma they go through when they have the courage to come forward and report their abuse will result in more than just a slap on the wrist and a suspended sentence. I look forward to this bill being supported by the Senate, but I also put on record that this parliament must do more to ensure that these abhorrent crimes lead to offenders being put in jail where they can't harm children.

The Morrison coalition government is leading the way by ensuring that child sex offenders are hit with the full force of the law. I only hope that my colleagues on all sides of this chamber can find it within themselves to agree with us, in the interests of the children of Australia. I commend the bill to the chamber.