Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill 2019
Plain English Summary
Overview
This bill reforms Queensland's criminal justice response to child sexual abuse, implementing key recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse. It creates mandatory reporting obligations for all adults, introduces new offences for possessing child abuse objects, strengthens sentencing for child sexual offenders, and establishes a pilot scheme to help vulnerable witnesses give evidence in court.
Who it affects
All adults in Queensland now have a legal duty to report suspected child sexual abuse to police. People working with children in institutions such as schools, churches and sporting clubs face criminal penalties if they fail to protect children from known risks of abuse. Survivors of historical abuse gain better access to justice.
Key changes
- All adults must report suspected child sexual abuse to police, with up to 3 years imprisonment for failing to do so without reasonable excuse
- New offence of failure to protect a child from sexual abuse within an institution, carrying up to 5 years imprisonment, with no exception for information received during religious confession
- New offences for producing, supplying or possessing life-like child abuse objects (dolls or robots resembling children), with penalties of up to 20 years imprisonment
- Grooming offence expanded to cover manipulation of parents and carers, not just children
- Courts must sentence child sexual offenders using current sentencing standards rather than lighter historical ones, and offenders cannot use their good character as a mitigating factor if it helped them offend
- Historical limitation periods removed retrospectively so survivors of pre-1989 abuse can pursue prosecution
- Pilot intermediary scheme established to provide professional communication support for child and vulnerable witnesses in court
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee27 Nov 2019View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined the bill over approximately two months, receiving 26 submissions and holding a public hearing. The committee unanimously recommended the bill be passed. The bill implements key recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse, the Queensland Sentencing Advisory Council's report on child exploitation material, and creates new offences for child abuse objects (child sex dolls). Significant debate centred on mandatory reporting obligations for all adults, the application of failure-to-report and failure-to-protect offences to information gained during religious confession, and the retrospective application of certain sentencing reforms.
Key findings (5)
- Submitters broadly supported the bill's objectives of implementing Royal Commission recommendations, though many raised concerns about unintended consequences of the mandatory reporting regime for vulnerable groups including domestic violence victims and people with disability
- The application of failure-to-report obligations to religious confession was contentious, with Catholic Church representatives opposing it on grounds of religious freedom, while child protection organisations, the Queensland Human Rights Commission, and other stakeholders supported it as a justified limitation
- The Queensland Law Society raised concerns about the breadth of the mandatory reporting obligation for all adults, its interaction with legal professional privilege, and the retrospective application of contemporary sentencing standards to historical offences
- The committee found all fundamental legislative principle issues were sufficiently justified, including retrospective operation, reversal of onus of proof, restrictions on jury directions, and limitations on religious freedom
- The pilot intermediary scheme for vulnerable witnesses in child sexual abuse proceedings was supported by all submitters who commented on it, with many suggesting it be expanded to additional classes of vulnerable witnesses
Recommendations (1)
- The committee recommends that the Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill 2019 be passed.
Committee report tabled
▸Second Reading13 Aug 2020View Hansard
▸17 members spoke15 support2 mixed
Spoke in detail about specific provisions implementing royal commission recommendations, including retrospectivity, grooming, removal of the confessional seal, exclusion of good character as a mitigating factor, and new child abuse object offences.
“I do not care how understanding, compassionate or encouraging that priest confessor is; they have turned away a vulnerable victim seeking help and assistance. I cannot see how anyone who has a role in pastoral care of their community can see that as something worth protecting.”— 2020-09-08View Hansard
As Attorney-General, introduced and moved the bill implementing key Royal Commission recommendations on child sexual abuse reform, including mandatory reporting, failure to protect offences, and criminalising child abuse objects.
“The bill represents the Palaszczuk government's unwavering commitment to protecting Queensland children from the scourge of child sexual abuse, improving the accountability of child sexual offenders and enhancing survivors' access to justice.”— 2020-08-13View Hansard
Acknowledged child sexual abuse as one of the most horrible crimes but raised concerns about the bill's provisions breaking the confessional seal, arguing it sets a dangerous precedent that could extend to legal privilege, freedom of the press, and other confidentiality provisions.
“Removing the privilege associated with religious confession will therefore set a dangerous precedent which may be relied on in the future to remove or restrict other forms of professional privilege including client legal privilege.”— 2020-09-08View Hansard
Confirmed the opposition would not oppose the bill and welcomed its key reforms including mandatory reporting, failure to protect offences, and criminalisation of child abuse objects, while noting stakeholder concerns about mandatory reporting.
“First and foremost, I confirm that the opposition will not be opposing the bill.”— 2020-08-13View Hansard
Defended the government's record on child sex offender laws and supported the bill as building on existing protections, highlighting the mandatory reporting requirement, sentencing reforms, and new child abuse object offences.
“Let us be clear about one thing: the requirement and, quite frankly, the moral obligation to report concerning behaviours towards children applies to everyone in this community. No one group or occupation is being singled out.”— 2020-09-08View Hansard
Supported the bill as a committee member, outlining the committee process, submissions received, and the bill's objectives implementing Royal Commission and QSAC recommendations.
“I rise this evening to support the passing of the Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill 2019.”— 2020-08-13View Hansard
Supported the bill on behalf of the LNP, acknowledging the bill was well overdue and applauding the royal commission's work. Accepted the removal of the confessional seal despite concerns raised by some constituents.
“The LNP will always support more laws and stronger penalties aimed at child sex offenders to send a message that these types of crimes against children will not be tolerated.”— 2020-09-08View Hansard
Supported the bill as a committee member, acknowledging the concerns of Catholics regarding religious confession but concluded that the safety of children must be paramount over all other considerations.
“I believe on the balance of public interest it is necessary that there shall be no exclusions, because the safety of children and their interests must be prime over every other consideration.”— 2020-08-13View Hansard
Strongly supported the bill as Minister for Child Safety, focusing on the failure to report and failure to protect provisions. Argued paedophiles should have nowhere to hide, including the confessional.
“I remember how I felt when reading the story of a priest who made an affidavit in 2004 stating that he had confessed 1,500 times to molesting children to 30 different priests over a 25-year period and he was told to pray for forgiveness after each confession. We cannot let those children down ever again.”— 2020-09-08View Hansard
Supported the bill as reflecting the government's commitment to evidence-based policymaking and building a culture of collective responsibility to stamp out child sexual abuse.
“I am proud to be part of a government that addresses these serious crimes against our most vulnerable—our children.”— 2020-08-13View Hansard
Confirmed the LNP would not oppose the bill but criticised the government for being slow to act on child safety. Argued the bill's effectiveness under Labor remained questionable.
“Let me state from the outset that I will be joining my colleagues in the LNP in not opposing this bill.”— 2020-09-08View Hansard
Supported the bill drawing on her experience as a former federal prosecutor who prosecuted paedophile rings, and outlined the LNP's record of strengthening child sexual offence laws.
“During my time as a prosecutor prosecuting paedophiles, I saw firsthand how these atrocious crimes devastate the lives of children. We must do all we can to protect our vulnerable children.”— 2020-08-13View Hansard
Spoke in favour of the bill, focusing on the importance of mandatory reporting and failure to protect provisions to break the institutional pattern of covering up abuse.
“This bill is about making sure that institutions and the people inside them are accountable and liable. The bill tells those people that we will hold them complicit if they move around or cover-up for offenders.”— 2020-09-08View Hansard
Spoke in support of the bill, commending its aim to remove barriers for victims reporting child sexual abuse and to hold offenders accountable. Debate was adjourned during her speech.
“It is commendable that a bill such as this seeks to remove such barriers.”— 2020-08-13View Hansard
Expressed strong support for the bill, emphasising that no institution or profession should protect abusers. Supported the mandatory reporting provision and new child abuse object offences.
“Whether an institution, a church, a business or any other profession, no-one should protect an abuser. You should be ashamed of yourself if you are protecting paedophiles and people who commit these offences against children in our community.”— 2020-09-08View Hansard
Supported the bill as a mother of three, emphasising the need to protect vulnerable children and ensure strong mechanisms are in place to keep everyone accountable.
“Our most vulnerable need us to make decisions that put all the right mechanisms in place to make sure that they are safe from harm and that they are safe from predators who lurk in our communities.”— 2020-09-08View Hansard
Supported toughening the Criminal Code for child sexual offences but questioned why a recommendation about teachers having sexual relationships with students was not included in the bill, arguing the bill does not go far enough.
“I would certainly appreciate the government providing an explanation as to why a recommendation relating to teachers having sexual relationships with their students was not included as an offence.”— 2020-09-08View Hansard