Page 2080 - Week 06 - Tuesday, 8 May 2012
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The government amendments to the Crimes (Child Sex Offenders) Amendment Bill will address four issues that have arisen following the introduction of the bill. I have outlined these four principles generally in my closing speech during the in-principle stage.
These amendments engage and limit rights under the Human Rights Act 2004. A supplementary explanatory statement, which I have just tabled to accompany these government amendments, addresses the interaction of the provisions of the Human Rights Act 2004. The supplementary explanatory statement supports the government’s position that the amendments are a proportionate and reasonable limitation on the human rights that they engage.
I turn to each of the amendments briefly. Amendment 1 is a technical amendment that will insert a new note into section 20 of the act. Section 20 lists the offences that are included as reporting offences in the act. A reporting offence is an offence which arises when a registered child sex offender fails to meet one or more of their reporting obligations under the act. This new note has been included to alert readers to the new section 203 reporting offence.
Amendment No 2 is a technical amendment that will insert a new subsection at subsection 104(1)(ba) of the act. Section 104 requires that a reporting obligations notice is given to a registered offender on the commencement of their reporting obligations. The inclusion of this subsection will ensure that this notice is given to a registered offender when they are released from full-time government custody. This amendment will support the amendments to section 83 to ensure that offenders who are completing a sentence of periodic detention are required to comply with the reporting obligations under the scheme.
The amendment at section 17B is a technical amendment that will insert a new subsection at 108(1)(aa). Section 108 requires the supervising authority—for example, the AMC—to tell the Chief Police Officer of certain events. The inclusion of this subsection will ensure that the supervising authority advises the Chief Police Officer when a registered offender stops being in full-time government custody, thereby supporting the amendments to ensure that offenders on periodic detention are required to comply with their obligations under the scheme.
The amendment at 17C is a technical amendment that will insert new subsection 117(2)(ea). Section 117 establishes the child sex offender register. The inclusion of this subsection will ensure that the register contains the date that the registrable offender was released from full-time government custody, which will ensure that a record is kept with the date the registered offender’s reporting obligations commenced.
Amendment No 3 is for a proposed new section 132ZN(2A). If a prescribed entity is provided with protected information, this new section includes an obligation on the Chief Police Officer to advise the prescribed entity in writing of the new offence at section 132ZOA. This amendment will ensure that prescribed entities are aware of their obligations not to record or divulge protected information that is provided to them.
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