Page 1672 - Week 06 - Thursday, 23 July 2020
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Even so, these changes have caused concern in the profession. For example, we received a letter—I believe it went to the Attorney-General and the Greens as well—from David Hamer, Professor of Evidence Law at the University of Sydney Law School. He expressed concerns, and I commend that commentary to the Assembly as a valid note of caution. I seek leave to table his letter for the information of members.
Leave granted.
MR HANSON: I thank members. I table the following paper:
Royal Commission into Institutional Responses to Child Sexual Abuse—Copy of letter to Honourable Members from David Hamer, Professor of Evidence Law, Sydney Law School.
Given the nature of the crimes we are debating and the difficulties highlighted by the royal commission, we are satisfied that this bill strikes an acceptable balance between protecting due process but also protecting children and young people from these crimes.
The last main changes are to the Evidence Act and relate to failure to report laws passed in previous bills. The substantive part of this amendment was largely dealt with in a previous bill in 2019. That bill included a positive obligation to report abuse, including information received in a religious confession. This amendment clarifies that matters reported in such circumstances may also be admitted as evidence to remove any inconsistency or undermine the intent of that original provision. The Canberra Liberals supported the amendment at the time, and we support this clarification today.
In conclusion, the bill does touch on legal principles which have a long history of protection and precedence. However, in considering the royal commission findings, the national groups working on implementing those findings are all introducing similar laws, which are all aimed at protecting children from repeated past failures.
The Canberra Liberals have supported all the other bills arising from the royal commission. Noting the concerns and comments that have been made, we also support this bill.
MS LE COUTEUR (Murrumbidgee) (4.57): I thank the attorney for bringing this amendment bill forward and indicate that the Greens will be supporting it. This is one of many amendment bills that the attorney has brought forward in relation to the Royal Commission into Institutional Responses to Child Sexual Abuse during this term. It continues to build on the protections available to children and young people in matters of child sexual abuse and continues to improve the justice system’s response to such abuse.
The safety of our children is the most important of all issues for us to consider. We must do all that we can to ensure that children are protected from abuse. Child sexual abuse violates the most basic of a child’s rights, which is protection from torture and cruel, inhumane or degrading treatment.
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