Page 782 - Week 03 - Tuesday, 19 March 2019
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Through this tranche of significant reforms we are sending a strong message that survivors have been heard and we are acting.
On 15 December 2017 the royal commission presented its final report to the Governor-General, the culmination of a five-year inquiry into institutional responses to child sexual abuse and related matters. As you would be aware, Madam Speaker, the final report made a number of recommendations in a range of areas. These recommendations aim to bring effective change across a broad range of complex issues to better protect children and young people against sexual abuse and alleviate the impact of abuse when it occurs.
The ACT government has committed to addressing each and every recommendation from the Royal Commission into Institutional Responses to Child Sexual Abuse. The royal commission recommendations provide a once in a generation opportunity to move forward and seek justice as a community. The recommendations provide an opportunity for the ACT government to review and enhance services, programs and laws to keep children and young people safe from abuse. In fact, the ACT government has been implementing recommendations of the royal commission since the first reports were issued in 2015.
The measures in the bill before us today build on a number of measures already implemented in response to recommendations by the royal commission, actions already implemented to prevent as far as possible such abuse recurring now and into the future. This bill implements eight royal commission recommendations.
The two elements of the bill which have perhaps received the most attention are the addition of ministers of religion to the list of mandated reporters, section 356(2) of the Children and Young People Act 2008, and the creation of a new offence in the Crimes Act 1900 of a failure to report a sexual offence committed against a child. These changes to reporting laws are essential in both preventing future child abuse and ensuring that those who have perpetrated abuse are brought to justice.
As the Attorney-General has previously outlined, this bill is informed by the report of the Hon. Justice Julie Dodds-Streeton whom this government commissioned to prepare a report on how best to implement the royal commission recommendations regarding the reporting of child sexual abuse that have implications for the confessional seal. Justice Dodds-Streeton should be commended for the comprehensive report she produced which, contrary to Mrs Dunne’s assertions, was informed by extensive consultation with key ACT stakeholders, including church groups, police, organisations representing survivors of child sexual abuse and a broad range of government agencies. The proposed new section 66AA to the Crimes Act creates a new offence of failing to report child sexual abuse to police, implementing recommendations 33 and 35 of the royal commission’s criminal justice report.
In relation to the imposition of a positive obligation on third parties to act in relation to child sexual abuse, the royal commission criminal justice report clearly articulates a plethora of reasons for such an obligation. Perhaps most poignant is the reasoning illustrated throughout numerous case study examples. In their reasoning the commissioners stated:
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