Derryn Hinch (Victoria, Derryn Hinch's Justice Party) Share this | Link to this | Hansard source

I rise to speak because yesterday the Royal Commission into Institutional Responses to Child Sexual Abuse released the latest report in which it listed 85 proposed changes to the law. The issue that has made headlines overnight is the recommendation that priests report details of child sexual abuse they were told about during confession. Clergy who fail to report information about child sexual abuse heard during confession would face criminal charges. The Catholic Church, predictably, has shown it will oppose any move to force priests to breach the seal of the confessional booth and report paedophiles to police, despite calls from the royal commission to make it a legal requirement. I will have more to say about that in a minute, but there are other areas in the report that are worth noting.

There are five recommendations to reform sentencing practices. One would exclude good character references as a mitigating factor when a convicted paedophile is being sentenced. 'He's a good man, a community leader. He's never done it before.' Actually, 'never been caught before' would probably be more accurate—like shoplifters, 'It was spontaneous—first offence, Your Honour.' Too often child abusers have been given a light or suspended sentence or community service after being convicted of horrible crimes against kids. In the report, there are 11 recommendations over crimes like grooming children for a sexual offence. We covered some of that, with the Senate's support, when we looked at Carly's law. We also now have the passport ban on Australians who are on the child sex offenders register.

But there is more to be done. I'm working closely with the government on new laws targeting cyber sex trafficking. They should be introduced later this year, and I hope I get Senate support for it. I have talked before about a revolting use of Skype by Australian men exploiting poor Filipino families, paying $50 or $100 on their credit card to recruit mothers in the Philippines to use and abuse their own children for the gratification of sickos here in Australia. There are overdue recommendations to make it easier for children to give evidence, even pre-recorded evidence, and this is welcome to try to reduce the courtroom ordeals—the courtroom trauma—for children, the victims.

As I said, the issue that has garnered the most headlines and the most comments in the past 24 hours is the one introducing what I guess we can call third-party offences—failure to report and failure to protect. Under these recommendations, priests will be charged for failing to report confessions by parishioners of child sex offences. The church is defending the sanctity of the confessional—'the seal'. But I discovered today that before the 7th century confessions had to be made in public and genuine contrition had to be shown publicly before absolution could be given. I agree with the royal commission that priests should not be exempt. If a doctor or a teacher discovers evidence of child abuse, he or she must by law report it. Why should a priest be different? Canon law should never supersede Australian law.

It was well-put by the chief executive of the Truth, Justice and Healing Council, Francis Sullivan, when he said: 'This is a law seeking to protect children. You can't ask for a higher moral cause.' The church should be saying, 'Amen to that'.

I will take briefly a different slant to this, from a different religion. Under Sharia laws, some followers of the Islamic faith believe that taking of a child bride is normal and quite acceptable. Under Australian law 'child bride' means 'child rape'. A 12- or 13-year-old must be protected. A child rapist should be charged. Sharia law—a religious belief—is no defence in our courts, and neither should it be. So how is an imam defending a child rapist any different to a Catholic priest defending a paedophile in the confessional?

In the months ahead I will have more to say on this, and on a personal note I want to thank fellow senators and those in the other place, especially Prime Minister Turnbull and opposition leader Shorten, for making me the chairman of a joint parliamentary committee to be the national watchdog of the national redress scheme after the royal commission brings down its final report at the end of the year. We will do it with diligence, we will do it proudly and I thank you.