Louise Pratt (WA, Australian Labor Party, Shadow Assistant Minister for Manufacturing) | Link to this | Hansard source

Labor senators support this legislation. Child sexual exploitation is abhorrent. Children are the most precious and vulnerable members of our community, and we must protect and support them. To that end we strongly support the objectives of the Combatting Child Sexual Exploitation Legislation Amendment Bill 2019, which seeks to implement several recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse.

We're proud of the royal commission that was established by the Gillard government in 2013. It has served as a very important step towards reform, redress and healing. We note that particular stakeholders had concerns with elements of this bill. We have, however, accepted the responses from the Department of Home Affairs and the Attorney-General's Department in relation to these issues, and they've taken us through those issues with their assurances.

Therefore we're not supporting the amendments that will be moved by Senator McKim today, but we are very closely watching the government's next steps in the implementation of the bill so that it is implemented as intended and those assurances that the government has made are upheld. We are committed to protecting Australian children and we have no tolerance for these crimes. As such we fundamentally support the measures in this bill, and we'll vote in favour of it today.

Nick McKim (Tasmania, Australian Greens) | Link to this | Hansard source

The Greens will also be supporting the Combatting Child Sexual Exploitation Legislation Amendment Bill 2019, on the basis that we need to do everything that we reasonably can to ensure that we protect children in our community, who are obviously one of the most at-risk sections of our society. It's very important that, as we do everything we can to reasonably protect children, we ensure to the greatest degree possible that we maintain the independence of the judiciary. That's why the Greens are very pleased that the government, despite initially flagging that mandatory sentencing would be a part of the government's response, have decided not to include mandatory sentencing in this legislation.

The Greens do not support mandatory sentencing, in principle, because we believe that our judiciary is best placed to determine adequate sentences based on the merits of each individual case. So it's important that we do maintain the independence of the judiciary, and, on that basis, we are very pleased that the government is not proceeding with mandatory sentencing in this context.

Of course sexual offences committed against anyone—but particularly children—are extremely serious matters. We certainly believe that sex offenders should receive appropriate sentences but, as I said, along with the Law Council of Australia and most legal experts and legal associations we support the Sentencing Advisory Council's position that the introduction of mandatory minimum sentences would create unjustified unfairness without achieving the stated aims of deterring offenders and increasing transparency.

I place on the record that we'll be watching government closely in this context. It appears that mandatory minimum sentences are still a part of the government's agenda; they are contained within another bill currently under inquiry by the Legal and Constitutional Affairs Legislation Committee—the Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2019. So I ask the government to reconsider and to remove mandatory minimum sentencing from its agenda and, for that matter, from statutes that have passed through the parliament. Instead of politicking around this issue, the government should simply seek to maintain the separation of powers and the independence of the judiciary in this country and allow courts to apply sentences as they see fit, based on the merits of each individual case.

I want to make the point that this is the second time in as many weeks that we've debated a bill in this place where the government is reversing the evidential burden of proof. We have concerns around this element of the legislation. I can indicate to the Senate that, although we have circulated amendments, I will not be moving those amendments in the context of this debate, but we'll be watching very closely how these matters roll out in real life once this legislation is passed. We will be, as I said, supporting this bill as a legislative response to some of the recommendations made by the Royal Commission into Institutional Responses to Child Sexual Abuse, because that royal commission and this legislation do seek to protect some of the most vulnerable members in our community.

Amanda Stoker (Queensland, Liberal Party) | Link to this | Hansard source

I rise to speak in support of the Combatting Child Sexual Exploitation Legislation Amendment Bill 2019. The final report of the Royal Commission into Institutional Responses to Child Sexual Abuse released in 2017 was nothing short of sickening, disturbing and horrifying. The safety of children should always be put first; however, for much too long, those with the power to stop child sexual abuse turned a blind eye and allowed an unthinkable theft of innocence to occur. A survivor named Faye told the royal commission: 'Nothing takes the memories away. It happened 53 years ago and it's still affecting me'. The royal commission resulted in 17,000 survivors coming forward and nearly 8,000 of them recounting their abuse in private sessions of the commission. Finally, voices were heard and silence was broken. We are grateful to the survivors who gave evidence to the commission, as they allow us now as a parliament and as a nation to confront a hidden trauma, an abomination hiding in plain sight for too long.

A survivor named Rodney asked the question so common to many survivors. He wonders about 'the person I may have become or the person I could have become if I didn't have all of this in my life'. Another survivor, Aiden, spoke of not getting justice because his abuser had died. He said, 'I was bereft because I was robbed. I was robbed of my day in court. I wanted to tell the world what he did, and that was stolen. That was him again taking control.'

Last year, during the national apology address, the Prime Minister posed the eerie questions: why weren't the children of our nation loved, nurtured and protected; why was our system of justice blind to injustice; and why has it taken so long to act? It is an unfortunate reality that sexual predators target the most vulnerable in our society. The sexual exploitation of children is among the vilest reality in our society. During the time I served as a Commonwealth prosecutor, I saw firsthand how abhorrent these actions are and the difficulties so many prosecutors face in their efforts to deliver justice. The crimes of ritual sexual abuse happen in far too many places: schools, churches, youth groups, scout troops, orphanages, foster homes, sporting clubs, charities, and in the family home as well. It can happen anywhere a predator thinks they can get away with it and where the systems within these organisations allow it to happen by turning a blind eye.

Last year the Australian Federal Police received almost 18,000 reports of child exploitation involving Australian children or Australian child sex offenders—18,000!—and that's a statistic that had almost doubled from the previous year. Where failings in legislation are identified, they must be immediately rectified, especially when it touches something as important as the safety of children.

As a government, we must always be vigilant and continue to review our laws to ensure that they capture new and emerging forms of child sexual abuse and set a standard of bringing justice to all wrongs against children. This is exactly what the government has sought to do by introducing the Combatting Child Sexual Exploitation Legislation Amendment Bill 2019. The changes and improvements made by the bill implement key recommendations given by the royal commission into child sexual abuse and respond to concerns expressed by the Australian Federal Police, the Australian Border Force and the Commonwealth Director of Public Prosecutions.

As the Minister for Home Affairs has said, if Australia is to be a civilised society, then it must be committed to ensuring children can grow up free from the evil of sexual abuse and exploitation. The government's position when it comes to the protection of children is absolutely clear: we have zero tolerance for this kind of abuse—indeed, for any child sexual abuse in whatever form it takes. The bill acts on this position by introducing two new offences into the Criminal Code to criminalise the actions of Commonwealth officers where they exercise care, supervision or authority over children and fail to report child sexual abuse or negligently fail to reduce or remove the risk of child sexual abuse to children.

The Commonwealth has a responsibility to ensure the safety and wellbeing of all children who are under its care. The royal commission, shockingly, found many instances where those entrusted with the protection of children did the least to protect them. When a child spoke up they weren't believed, and that allowed crimes to continue with impunity. One survivor named Anne said, 'My mother believed them rather than me.' Another survivor told the Prime Minister that, when he told a teacher of his abuse, that teacher joined in as an abuser.

Too often those who knew about abuse had the power to act and yet failed to do so. Rather than reporting abuse, they turned a blind eye or, even worse, took actions to cover it up. This can only be described as detestable. There should be no tolerance for child sexual abuse, and Commonwealth officers must fulfil their obligations to protect children. Following the recommendations of the royal commission, the offences introduced in this bill will incentivise the reporting and prevention of child sexual abuse by criminalising these failings. Moreover, the government's stance on child sexual abuse doesn't waiver, whether it occurs on our shores or whether it occurs overseas.

Australians love to travel, and that's a great thing, but there are some amongst us who travel overseas with the intention of engaging in the most sickening of practices—and that is child sex tourism. The concept is a disgusting thing. The disgraceful practice is remarkably common worldwide, and it's no coincidence that this government strongly believes that our work protecting children doesn't stop at our borders. The bill extends Australia's zero tolerance stance on child sexual abuse to make it easier to hold accountable Australians who abuse children when they are overseas. Conditions of poverty, discrimination, violence, low levels of education and lack of law enforcement in a number of foreign jurisdictions facilitate these horrible acts. So this bill will further protect children overseas from the actions of Australians who seek to travel to a foreign jurisdiction to abuse children in a way that amounts to persistent child sexual abuse. It will remove difficulties associated with prosecuting repeated instances of abuse. At the moment, you need to show three instances of abuse in order for it to be proven as persistent. It will now be two, once this bill is passed.

Shockingly, it is a common practice for sexual deviants to travel to foreign jurisdictions to exploit children. We need to give our law enforcement officers the tools they need to bring these people to justice. The bill ensures children across the world are protected, by stopping child sex offenders from travelling overseas without permission, and that will disrupt and ensure that we prevent and investigate the abuse of children globally.

The royal commission also highlighted the saddening reality that it is often the worst offences that are among the most difficult to prove—a bit of a cruel irony. But when sexual abuse of children has been repeated, or is ongoing, the child victim commonly has difficulty in identifying, isolating or distinguishing between particular occasions of abuse. This bill will address the problem by reducing the number of occasions that need to be isolated in order to prove the offence of persistent child sexual abuse overseas.

The bill also strengthens existing forced marriage offences and closes the loophole which allows offenders to escape culpability by claiming they have been legally married to a child. It is a shocking statistic that more than 700 million women alive today were married before their 18th birthday in circumstances where they weren't able to give the appropriate consent, with more than one in three of those women being married before the age of 15. It doesn't need to be explained how the practice of child marriage is morally reprehensible and seriously harms the wellbeing of its child victims, particularly the wellbeing of girls and young women, because that's who child marriage disproportionately affects. Although child marriage should be illegal in almost every country, many struggle to enforce it. This government, though, believes it is its responsibility to curtail the harm done to children by ensuring that Australian citizens who involve themselves in this practice will be held accountable. Children trapped in marriage are subject to physical and mental abuse by its very nature. They are often exposed to sexually transmitted diseases, rape and forced pregnancy, things they couldn't possibly have had the capacity to consent to at those ages. This legal loophole, which currently permits girls as young as 10 to potentially be married, must be closed.

While technology brings incredible gains to society, it also poses a significant threat to the safety of our children online. Carly Ryan thought she had met her dream boyfriend online; instead, in reality, it was Garry Newman, a 50-year-old predator masquerading as an 18-year-old musician. He lied, seduced and lured her to a secluded beach where he bashed her, suffocated her and threw her into the water to drown. The Carly Ryan Foundation was established in her honour by Carly's mum, Sonya, to create awareness and to educate children and parents using the internet. She works to expose the thousands of multiple identities paedophiles use to lure young children to harm, and I honour her and her work arising from such horrendous hardship.

This bill will ensure that Commonwealth legislation is comprehensive and technology neutral, by giving a future-focused response to all forms of child pornography material and child abuse material. This means that Commonwealth legislation will be better able to remain in step with technological advancements. Every time child abuse material is viewed, the child portrayed in the material is revictimised. As such, new offences relating to the possession or control of child abuse material in the form of data stored on a computer or data storage device are introduced in this bill. And, of course, we should never forget that in these digital forms of material we have real children depicted who are suffering real harm.

It has been especially sickening to hear of the new trend on the internet of child sex dolls, which are being used to simulate sexual intercourse with children. These are horrible things to have to talk about. They are made to be lifelike and may even have built-in functions like voice and movement capabilities. This abhorrent trend and the way that it attempts to normalise this kind of proclivity must be robustly stamped out in Australia. The bill explicitly criminalises and introduces mandatory sentences for the possession, importation, posting and ordering of these dolls in a childlike form.

While some have raised concerns over the sentencing arrangements in this bill, the bill ensures that the courts will retain a considerable amount of discretion. Let's not forget: it's the protection of children from vile abuse that we're talking about. The community, and especially the survivors of abuse, expect this parliament to take meaningful action and ensure that there are real consequences for those who engage in offending of this kind. Survivors have said that an apology without action in this place is not much more than a piece of paper; it is just words if not backed up.

Acting on the recommendations of the royal commission with concrete action gives practical meaning to the apology delivered by the Prime Minister last year. That's why the government has implemented every single recommendation of the royal commission. It has not rejected a single one. We are actively working to make every recommendation law. The National Redress Scheme has commenced. The National Office for Child Safety has been established. Just last week, the government tabled a bill in the House that introduces mandatory minimum jail terms for serious child sex offenders and a presumption against bail to help keep offenders in custody as they prepare to face trial. As Chair of the Legal and Constitutional Affairs Legislation Committee, I look forward to hearing from but, importantly, listening to more survivors as the bill goes through those committee stages.

The Combatting Child Sexual Exploitation Legislation Amendment Bill 2019 is just another example of the steps this government is taking to protect children from all forms of sexual exploitation. Each year, to ensure that we are held accountable by the Australian people for action, the government is now required to report to the Australian people through the parliament on the progress we are making on the recommendations. Protecting the innocent and vulnerable is one of the most important priorities of any government, and sentences for heinous acts of child sexual abuse must reflect community expectations. Legislation dealing with this must keep up to date with transformations in technology.

This bill will go a long way to ensuring the safety of children by giving Commonwealth prosecutors the tools they need to bring perpetrators to justice. While it can't change the past, our action in this chamber should demonstrate that there is a sincere desire to ensure that survivors are heard and that, as far as possible, they are healed. The challenge for all of us is to act in the present, learning those lessons that prevent abuse from being repeated, and work together for the long term to keep children safe, trusting them when they ask for help and doing all we can to respect their innocence. I commend the bill to the chamber.

Helen Polley (Tasmania, Australian Labor Party) | Link to this | Hansard source

I rise to speak on the Combatting Child Sexual Exploitation Legislation Amendment Bill 2019. Child sexual exploitation is repulsive, and Labor is committed to doing everything possible to eradicate it and protect our children and young people. All children and young people need to be cared for and protected, and to feel safe so that they can reach their full potential. Children are the most precious and vulnerable members of our community, and, as such, it is our key responsibility to make sure children and young people are kept safe and protected. Children depend on adults as they grow up. They deserve our protection and support. Children should be fully protected so that they can survive, grow, learn and develop. Unfortunately, millions of children are not fully protected. Many of these children deal with violence, abuse, neglect, exploitation, exclusion and/or discrimination.

In 2014-15 there were 320,000 reports made to the child protection authorities in Australia, which equates to a report on one child every two minutes. In that same 12 months 42,457 children suffered abuse or neglect—that is one child every 13 minutes. All children have the right to be heard, to be safe, to belong and to receive adequate care in a protected environment.

Labor will be supporting the intent of this bill, which implements several of the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse and builds on the reforms and policies implemented under the Labor government. During this royal commission there were thousands of people who experienced sexual abuse as children in institutions and settings, from schools to sporting groups, across Australia. We know the devastating effect the stories that we heard had not only on the victims but on all of us. We need to acknowledge these survivors for their courage to speak out and to help shape our future to ensure that we can protect children from abuse in all institutions now and into the future.

The bill before the Senate is an omnibus criminal justice bill targeted at child sexual exploitation. We know that any child can be vulnerable to violation. The exact number of children experiencing violation is not easy to determine. However, it's estimated that around 150 million girls and 73 million boys under the age of 18 experienced forced sexual intercourse and other forms of sexual violence and exploitation during 2002. Worldwide, around 15 million adolescent girls aged between 15 and 19 have experienced forced sex in their lifetimes. There are 150 million children aged five to 14 engaged in child labour. Millions of children, mostly girls, work as domestic labourers or maids in private homes. Around 1.2 million children are trafficked annually. These are staggering figures. Between 22 per cent and 84 per cent of children two to 14 years of age had experienced physical punishment in their home in 37 countries surveyed between 2005 and 2007.

Governments need to work with communities, local authorities and non-government organisations to ensure that children grow up in safe and protected environments. Together, we can make sure that schools and communities protect all children. We must work together to protect children from violations such as abuse, sexual exploitation, trafficking and working in horrendous conditions as well as from harmful practices, including child marriage.

This bill implements several recommendations, as I said, from the Royal Commission into Institutional Responses to Child Sexual Abuse by: creating an offence of failure to protect a child at risk of a sexual abuse offence; creating an offence of failure to report a child sexual abuse offence; and strengthening overseas persistent child sexual abuse laws. Recommendation 33 of the royal commission stated that jurisdictions should introduce a criminal offence for failing to report child sexual abuse. It is vitally important that everyone works together. If a person knows that a child or a young adult is at risk, that person needs to take the necessary steps to report the abuse to the relevant authorities. By not doing so, they are knowingly putting that child or young person at unnecessary risk.

A child that is impacted by abuse or neglect can then be put at risk of consequences to their growth and development that can include retarded quantitative development, poor self-development, poor self-esteem, poor language developments, diminished verbal skills, possible psychiatric disorders, an inability to form meaningful relationships and diminished life-coping skills. These are serious effects which can be avoided. It is understood that these sexually violent events have a significant impact on an individual's ability to function within our society, especially when it comes to employment, educational attainment, relationship development and parenting.

Recommendation 36 in the royal commission's Criminal justice report stated that state and territory governments should introduce legislation to create a criminal offence of failure to protect a child within an institution from a substantial risk of sexual abuse by an adult associated with the institution. The bill proposes a new offence in the Criminal Code for a Commonwealth officer who negligently fails to reduce or remove the risk to a child under their care, supervision or authority of being sexually abused if it is part of their actual or effective responsibilities as a Commonwealth officer to reduce or remove that risk. A child who is at risk or has suffered abuse relies on those people who have supervision and authority over them to protect them from greater harm or risk. When this does not happen, the child is let down and is at even greater risk of experiencing long-term effects in their personal lives as a result. Those who are responsible to protect children should be held responsible when they fail to do so.

Other measures in this bill form a suite of child protection measures which would: criminalise the possession or control of child pornography material or child abuse material in the form of data that has been obtained or accessed using a carriage service; prevent certain dealings with childlike sexual dolls and criminalise the possession of childlike sex dolls—it is hard to talk about these things but they are things we have to be aware of to ensure that people who are importing these dolls are held accountable; improve the definition of 'forced marriage'; and restrict the defence based on a valid genuine marriage to overseas child sex offences. In the digital age, it is of utmost importance that children are protected from online predators who sit behind their computers. These predators knowingly access and obtain material that leads to the harm of children. The amendment to the bill would make a childlike sex doll a child abuse material that would be a criminal act to possess or bring into the country.

'Forced marriage' under federal law is defined as forced if a person doesn't freely and fully consent or if they are incapable of understanding the nature and effect of a marriage ceremony. This may be due to a person's age or mental capacity. Australian law notes that children under the age of 16 are presumed incapable of understanding the nature and effect of a marriage ceremony. Forced marriage is significantly different to an arranged marriage. In an arranged marriage, the parties marry freely who they choose and are not faced with negative consequences if they choose not to go ahead with the marriage. There is not always a clear line between a forced marriage and an arranged marriage, especially when there is pressure put on a young person to do what their family wants. Forced marriages can have long-term consequences on a person's options for their own future. Choosing what a young person wants is often reduced and limited. Pregnancy can follow a forced marriage, and the consequences are considerable. When a child is forced into a marriage they often do not finish school, are at a higher risk of mental health issues and, if they become pregnant, can be neither psychologically nor physically ready.

During the process of the royal commission, it was noted that some stakeholders had concerns about aspects of the bill. The Law Council expressed their concern with regard to the application of absolute liability to the offences of failing to protect children at risk of sexual abuse and failing to report child sex abuse. They also had concerns in relation to the absolute liability of the offence relating to a Commonwealth officer committing an offence if: (1) there is a child in his or her care in his or her capacity as a Commonwealth officer; (2) he or she knows there is a substantial risk that a potential offender will engage in conduct in relation to the child or knows of information that would lead a reasonable person to believe that the potential offender has already or will engage in conduct in relation to the child; (3) such conduct, if engaged in, would constitute a child sexual abuse offence; and (4) he or she negligently fails to reduce or remove that risk or fails to report the risk. Under the bill, the prosecution would not have to prove that the defendant knew the fact in relation to the child abuse; they would only have to prove as a matter of fact that the defendant might have thought they knew of the sexual abuse offence. The Law Council have also raised concerns with the maximum penalty being applied to those offences of possessing a childlike sex doll and the fault element that is applied in relation to that offence.

There have also been concerns raised around the reporting requirements and the Law Council, around a lawyer failing to disclose information subject of legal professional privilege. In reply it has been argued that the bill does not require a person to breach legal professional privilege or any other legal obligation of confidentiality. In addition to Labor's comments to the Senate inquiry, Labor accepts the response of the Department of Home Affairs and the Attorney-General's Department that the application of absolute liability in these very limited circumstances is appropriate to ensure compliance with the reporting regime established by the bill. However, it was made clear by Labor senators that the operation of these provisions should be closely monitored following the enactment of the bill. Labor senators also accepted that, in these very limited circumstances, it was necessary to do so to ensure that the reporting requirements introduced by the bill are effective.

Labor will be closely monitoring the government and the steps that it takes to implement this bill to see that it implements the bill how it has been intended: to protect Australia's most precious and vulnerable members of our community who need to be protected and supported so that they can be safe and so that they can reach their full potential. Let's not forget it's our responsibility to protect the most vulnerable—to protect our children—all Australian children and young people. Let's not forget the responsibility that have we towards Australians who go offshore and towards sexually abused children who are vulnerable because of economic circumstances and other issues. We as a country should be well aware of them so that we can protect them and play our role as a member of the international community to honour and protect the children of our future and the leaders of the future.

Rex Patrick (SA, Centre Alliance) | Link to this | 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.

Claire Chandler (Tasmania, Liberal Party) | Link to this | 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.

Marielle Smith (SA, Australian Labor Party) | Link to this | Hansard source

MARIELLE SMITH () (): I rise to speak in support of the Combatting Child Sexual Exploitation Legislation Amendment Bill 2019. I do so because it is our job to stand up for children in this place. As the most vulnerable members of our community, children rely on us to do all that we can to use the power of this place to protect them. Against the most horrific and sickening crime of child sexual abuse, we must leave no stone unturned. We must do all we can together to ensure our children are safe and protected from such evil. That's why Labor is supporting this legislation. I acknowledge what is and always should be the bipartisan approach taken to the principle of protecting children from abuse and the heartfelt concern of senators from all sides of the chamber in fighting against this horrendous crime. Labor absolutely supports the intent and principles of this legislation, which implements several recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse and builds on child protection reforms and policies that we implemented.

The royal commission was long overdue and hard fought for. In my previous career, I had the great honour of meeting one of the Australians who fought so hard for this justice, Chrissie Foster. Ms Foster, along with her husband, Anthony, were fierce advocates for survivors of child sexual abuse. Their tireless fight for justice began after they learned of the indescribable suffering two of their daughters had been through. The Fosters became the voice and face of so many sexual abuse survivors who could not speak for themselves, and they were not alone. They were joined by survivors and family members across Australia whose sheer will and unmatched determination brought the royal commission and the national apology into reality.

I take this opportunity to acknowledge the work, sacrifices and immense pain of survivors of institutional child sexual abuse and all of those who have advocated on their behalf. We must not forget their pain or their work. This legislation seeks to implement several of the recommendations from the royal commission by amending the Criminal Code Act, the Customs Act, the Crimes Act, the Surveillance Devices Act and the Telecommunications Act. In response to recommendation 33 of the royal commission, the legislation specifically seeks to create an offence of failure to protect a child at risk of child sexual abuse. The report states that jurisdictions should introduce a criminal offence for failing to report child sexual abuse. Recommendation 36 in the royal commission report states that state and territory governments should introduce legislation to create a criminal offence of failure to protect a child within an institution from substantial risk of sexual abuse by an adult associated with the institution. In response, this bill seeks to create an offence of failure to report a child that constitutes a child sexual abuse offence. This includes a criminal code for a Commonwealth officer who negligently fails to reduce or remove the risk of a child under their care, supervision or authority being sexually abused.

Currently, the criminalised persistent sexual abuse of a child overseas requires proof of at least three underlying occasions. This bill seeks to lower that minimum to two underlying occasions and to strengthen overseas persistent child sexual abuse laws. It particularly aims to reduce the difficulties associated with distinguishing particular occasions of offending from repeated and regular child sexual abuse.

Other measures in the bill seek to implement a suite of child protection amendments. The bill amends the Criminal Code to criminalise the possession of childlike sex dolls and would make a childlike sex doll child abuse material for the purposes of the Criminal Code and the Customs Act. The bill inserts a new offence for the possession or control of child abuse material in the form of data held in a computer or contained in a data storage device that was obtained or accessed via a carriage service.

The definition of forced marriage will be expanded to strengthen the forced marriage offences in the Criminal Code. Currently a marriage is considered to be forced if it is entered into without consent, which must be full and free and given without coercion, deception or threat. The explanatory memorandum states that in practice this has meant that prosecuting forced marriage offences involving children is difficult. The bill further seeks to expand the definition of forced marriage to specifically include all marriages involving children under the age of 16.

Travelling overseas to abuse and exploit children is tragically a known practice of Australian offenders. This is most prevalent in overseas jurisdictions which have weak child protection frameworks and where the offending behaviour is less likely to attract attention and investigation from local authorities. The vile individuals who exploit children in this way know and target children in these countries specifically. In an attempt to combat this, the bill seeks to restrict the defence for overseas child sex offences based on a valid and genuine marriage. In addition, the bill amends the Criminal Code to narrow the defence so that the existence of a marriage between a defendant and a child no longer constitutes a valid defence for otherwise criminal conduct if the child is under the age of 16. Finally, the bill also expands the meaning of 'child abuse material', updating the terminology used for child sexual abuse offences in Commonwealth legislation. It does this to reflect the gravity of these crimes, the harm that is inflicted on the children involved, and shifts in national and international best practice.

I note, as some of my other colleagues have, that some stakeholders raised legitimate concerns about certain aspects of the bill currently before the Senate. It is important to note that these concerns were raised by people who unambiguously support the underlying objectives of the bill. The Law Council of Australia raised particular concerns about the application of absolute liability to the offences of failing to protect children at risk of child sexual abuse and failing to report child sexual abuse. However, Labor noted in its additional comments to the Senate inquiry's report that it accepts the submission from the Department of Home Affairs and the Attorney-General's Department that absolute liability is appropriate to ensure compliance with the reporting regime.

The Senate Standing Committee for the Scrutiny of Bills and the Law Council of Australia also raised concerns regarding the bill's provision that an individual is not excused from failing to disclose information relating to child sexual abuse on grounds of possible self-incrimination. Labor made further additional comments to indicate it also accepts the responses of the two departments in relation to these concerns. As noted by Labor members in the additional comments to the committee's report, it is vital that this legislation be as effective as possible. Labor will watch the government's next steps closely to ensure the bill is implemented as intended. But, fundamentally, Labor supports the measures in the bill, and we support the bill.

The royal commission handed down its final report in December 2017, in which the commissioners made a total of 409 recommendations. It is imperative to note that this legislation before the Senate seeks to implement only a few of those recommendations. The royal commission received 25,964 written submissions in the form of letters and emails. It received 42,041 phone calls and held 8,013 private sessions. From all those submissions received, the commission made 2,575 referrals to authorities, including the police. The total of 76,018 submissions received, in addition to the 2,575 referrals made, makes bipartisan support of this bill and its measures all the more crucial.

It is absolutely essential that as a chamber we stand together, unified against child abuse and exploitation in all of its forms. I am incredibly proud that it was Labor who initiated the royal commission and that the implementation by this government of further strengthening legislation, which seeks to combat child sexual exploitation, builds on reforms and policies implemented under a Labor government.

Children are the most precious and vulnerable members of our community. They do not have their own voice in this place, so it is our job to speak for them. Here we hold the power to implement legislation to protect them from the world's most sickening crimes and people. It is our job to do all we can to keep them safe from sexual exploitation and from all harm, because they deserve our protection and our support. Labor are committed to protecting Australian children. We have no tolerance for these crimes. That's why we're supporting the bill, and I commend it to the Senate.

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) | Link to this | Hansard source

As a servant to the people of Queensland and Australia, I speak in support of the Combatting Child Sexual Exploitation Legislation Amendment Bill 2019. When we see a toddler—the joy in that child's eyes, the free spirit, the sparkling eyes, the bounce in the step, the running, the curiosity, the fun-loving nature—isn't it a marvel? Tom Peters is a renowned management consultant and leadership expert. I heard him personally state once, in Brisbane, 'The four-year-old is the pinnacle of human society,' and I happen to agree with him. Something happens after that in our society that dulls that bounce, dulls the eye and dulls the spirit, but a toddler, a four-year-old—what a joy to see! How can anyone possibly abuse such a beautiful thing?

The child creates the adult. The child creates Australia's future, and that's why One Nation is the advocate for the child, because this is the future of the country. This bill goes to the core of what One Nation is about: children, families, our nation, today and the future.

I want to take some words from Maria Montessori. For those who don't know of her, she was an amazing Italian doctor. She actually entered engineering back in the 1880s, I'm guessing—somewhere around there. She became Italy's first female engineering student. Imagine that in a patriarchal society like Italy back then. She fought and became a student. She didn't like it, so she changed. She became Italy's first female medical student, and she loved it. She then spent her life working with children around the world. I'm not an expert in this, but, having talked to many people who are experts, I would argue that, after many decades of meticulous observations, she delivered by far the most comprehensive set of observations of the child and the development of humans. Her writing was prolific, and she was not only objective in her observations but in her measurements and documentation. She said, 'The critical years for the formation of both character and intellect are between birth and the age of six.' I'll say it again: 'The critical years for the formation of both character and intellect are the years from birth to six.' All children who are abused suffer. Abuse of any sort, especially sexual abuse, changes the brain's architecture; it affects that beautiful person's development in the future and it changes their ability to learn—it compromises their ability to learn. After all, we all learn best when we're calm and at ease, not when we're feeling intimidated, fearful or threatened.

It's very important to understand that we need to give the future of Australia, the future of the planet, a very strong start without abuse. Sexual abuse in particular hurts the human spirit. Just think about it: we don't allow 16-year-olds to drive and we know that 16-year-old brains are not fully developed. An abuse of a 16-year-old—the abuse of a child at any age—will potentially lead to a future dysfunctional adult, because, as I said earlier, it is the child that creates the adult. Paedophilia, exploitation and abuse are sickening and horrific, and lead to perpetuating cycles of abuse. We all know that, and I commend the government for acknowledging that.

However, I understand the bill refers to Commonwealth officers and not every person. I may be wrong, but if I'm correct then that would indicate this bill is just a good start. There are a couple of prominent provisions that we commend. It is now an offence to fail to protect a child at risk of a sexual abuse offence—wonderful. It is now an offence to fail to report child sexual abuse—wonderful. It reduces the standard for the offence of persistent sexual abuse of a child outside Australia from three offences to two. After two offences a person is deemed persistent, and we think that is wonderful. We must stamp out child abuse of any kind, especially sexual abuse.

In line with the recommendation of the royal commission, this bill will introduce two new offences into the Criminal Code to criminalise public officers who exercise care, supervision or authority over children but who fail to report child sexual abuse or negligently fail to reduce or remove the risk of child sexual abuse to those children. With the internet being so prolific and easily available, we need to understand the impact of those who groom children through the internet.

This bill will also strengthen the existing forced marriage defences to ensure they explicitly capture all marriages involving children 16 or under. Child marriage is a pernicious practice. It doesn't matter what the religion or ideology is; child marriage is a pernicious practice that seriously harms the development and wellbeing of victims. Indeed, it hurts our whole society, with disproportionate impacts on girls and young women. Children—children!—trapped in early marriages are often subject to physical and mental abuse, rape and forced pregnancy, and this bill sends a clear message that this morally reprehensible practice will not be tolerated. People who officiate or allow these marriages—the officiator and the parents—will now be guilty of an offence, with no exception.

We stand up for the child. Whether that be through our immigration policies—we are careful about who we allow into this country—or the way we conduct ourselves in our society, One Nation is always going to protect the child. Those in this chamber who heard Senator Hanson talking yesterday about her experiences under the family law system will understand why the child is so important to One Nation. One Nation is an advocate for the child and we will continue to support all aspects of the protection and safety of children.

As a former mine manager and mining executive, safety was always very important to me, so I came up with a definition of safety. This is what I guided my management experience on: safety is the state in which people are conscious of, successfully manage and feel accountable for the potential of injury or risk. We must be always conscious of the potential for injury or risk to our children. That's why we are an advocate for the child.

We will be supporting this. We will also be supporting the Law Council's submission on restoring the presumption of innocence. So we will be supporting the amendment when it's put forward by the Greens that they have taken from the Law Council's submission on the presumption of innocence. That is very important for the protection of our society.

Finally, One Nation is pleased to support this bill and commends the government for making a good start. We will always be an advocate for the child.

Michaelia Cash (WA, Liberal Party, Minister for Employment, Skills, Small and Family Business) | Link to this | Hansard source

I rise to sum up the debate in relation to the Combatting Child Sexual Exploitation Legislation Amendment Bill 2019. I've listened carefully to the debate in this chamber and I would like to thank my fellow colleagues for their contribution to what is, I believe, an incredibly important debate. As we have made very clear as a government, the protection of children is a key priority for this government. The sexual abuse of children must not be tolerated in any way, shape or form. The safety of our community, including its most vulnerable members, must be our first priority. In the interests of seeing this bill become law sooner rather than later, I commend the bill to the Senate.

Question agreed to.

Bill read a second time.