Page 776 - Week 03 - Tuesday, 19 March 2019
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In the bill debated last year, a new standard was introduced under the reportable conduct scheme. This bill now includes responsibilities under the Children and Young People Act. There are also changes to the Ombudsman Act to give better effect to this bill and the bills previously passed. For example, it includes a clarification for the definition of a “designated entity” and an extension of the removal of the so-called Ellis defence, which was discussed and removed in other circumstances under other bills last year. The current bill will also extend the application of the special measures scheme to those making a victim impact statement in court as well as the protections already provided for in the initial case. Finally, the bill makes some technical amendments to address some outdated discrepancies.
It is important to note that the reporting obligations contained in this bill operate only when a person obtains information that leads to the person reasonably believing that a sexual offence has been committed against a child and that this information is given to police honestly and without recklessness. False claims are specifically prohibited with penalties up to 12 months’ imprisonment. There is also a two-year review clause in the bill to ensure that the laws are operating as intended.
As I stated previously, the substantive issues in this bill have been previously discussed, but this bill essentially removes any uncertainty by mandating that adults with knowledge or information about child sexual abuse must report it. I understand all other states have agreed to the recommendations of the royal commission and have either implemented or are in the process of implementing legislative reform to give effect to those recommendations.
Some states are still developing their responses, and there are many technical and difficult issues to deal with. Feedback has been received from the legal profession on this and previous bills, and they have noted some of those issues. In particular, I want to recognise the submission from the ACT Law Society and I urge the government to consider carefully the issues they have raised. However, as we have shown today, if there are laws to be passed to protect children the Canberra Liberals will support them. If there are improvements to be made, we will support those, too. We support this bill.
MS LE COUTEUR (Murrumbidgee) (4.56): I stand here today in support of this bill because I agree wholeheartedly that children need to be protected from abuse. Child abuse is an issue which remains underestimated both in terms of its prevalence and its impact. I am particularly pleased that the proposed legislation goes beyond institutional child abuse to include addressing child abuse in all its potential contexts. This is because while we all know and have heard about the traumatic experiences of survivors of institutional child sexual abuse we know also that by far the majority of sexual abuse occurs within the home as opposed to institutions.
That does not mean institutional abuse should not be addressed or that institutional abuse does not carry with it significant and specific harm that is not experienced in other contexts. It is right that the government implement this legislation that addresses it because, ultimately, if institutionally instigated abuse is not addressed then the state rightly remains liable in that it did nothing to prevent it. We know all too well the
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