Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill 2019
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
Referred to Legal Affairs and Community Safety Committee
▸17 members spoke15 support2 mixed
Strongly supported the bill's reforms including removal of confessional seal protection, extension of grooming offences, and creation of child abuse object offences. Argued that religious freedoms do not justify protecting abusers.
“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
Moved the second reading as Attorney-General, outlining the bill's implementation of royal commission recommendations including failure to report and protect offences, retrospective application of child sex offences, and criminalisation of child sex dolls.
“I hope the offences in this bill end the culture of silence and cover-up of child sexual abuse in our community once and for all.”— 2020-08-13View Hansard
Acknowledged child sexual abuse is one of the most horrible crimes but expressed significant concerns about the precedent set by removing confessional privilege, arguing it threatens legal privilege, press freedom and confidentiality provisions across all professions.
“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, welcoming the new offences including failure to report, failure to protect, extended grooming provisions and child sex doll offences. Acknowledged concerns about breaking the confessional seal but concluded child protection must prevail.
“Taken together, this bill sends a strong message of a society that hates child sexual abuse and any practices that serve to perpetuate it.”— 2020-08-13View Hansard
As Minister for Police, strongly supported the bill as building on the government's track record of tough child safety laws. Emphasised the new child abuse objects offences and universal obligation to report concerning behaviours towards children.
“No one group or occupation is being singled out. It applies to everyone. After all, child protection is everyone's responsibility.”— 2020-09-08View Hansard
Supported the bill as a committee member, outlining the committee process and the bill's implementation of royal commission and QSAC recommendations. Expressed sympathy for victims of child sexual offences.
“In closing, I would like to send a note of sympathy to all of the victims of the perpetrators of these horrible offences.”— 2020-08-13View Hansard
Supported the bill on behalf of the LNP, acknowledging the interests of protecting vulnerable children must prevail. Accepted that the right decision was made regarding the confessional seal despite concerns from 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 about the confessional seal exemption but concluding that the safety of children must be paramount over every other consideration.
“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
As Minister for Child Safety, strongly supported the bill particularly 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 Palaszczuk government's commitment to evidence-based policymaking and building a culture of collective responsibility to stamp out child sexual abuse.
“I trust these changes will ensure that as a society we recognise that we all have a role to play when it comes to the protection of children and the betterment of our community more generally.”— 2020-08-13View Hansard
Stated the LNP would not oppose the bill. Supported the legislation while criticising the government's broader track record on child safety and advocating for additional LNP policies.
“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 of paedophile rings, welcoming the new offences and stronger penalties while also advocating for additional LNP policies like a public sex offender registry.
“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
Supported the bill, sharing personal knowledge of abuse victims and their lifetime of effects. Emphasised the importance of holding institutions and those who protect abusers accountable.
“I hope this bill puts an end to the practice of moving around and hiding abusers. I hope they face justice much earlier instead of having decades of impunity in which to operate.”— 2020-09-08View Hansard
Began speaking in support of the bill, emphasising the need to remove barriers for victims reporting child sexual abuse and the importance of the new failure to report and protect offences. Speech was cut short by adjournment.
“It is commendable that a bill such as this seeks to remove such barriers.”— 2020-08-13View Hansard
Strongly supported the bill, expressing anger that paedophiles still walk amongst Queenslanders. Particularly welcomed the provision requiring adults to report child sexual abuse and the offences relating to child abuse objects.
“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 for strong mechanisms to protect children from predators and 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 child sexual offence laws but criticised the bill for not going far enough, specifically questioning why recommendations regarding teachers having sexual relationships with students were not included.
“We do not want any child to suffer this evil, but we also do not want any loopholes in the law that allow perpetrators to avoid facing justice.”— 2020-09-08View Hansard
Plain English Summary
Overview
This bill implements recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse. It creates new offences requiring adults to report child sexual abuse to police (including information from religious confession), makes it a crime to fail to protect children in institutional settings, criminalises child-like sex dolls, and enables prosecution of historical abuse that was previously time-barred.
Who it affects
Child sexual abuse survivors gain new pathways to justice for historical abuse. All adults now have a legal duty to report suspected child abuse to police, and people working in organisations with children face new obligations to protect them.
Key changes
- All adults must report suspected child sexual abuse to police, including information received in religious confession - with up to 3 years jail for failing to report
- New offence of 'failure to protect' for people in institutions who know of abuse risk but fail to act - up to 5 years jail
- Production, supply or possession of child-like sex dolls now carries up to 14-20 years imprisonment
- Historical child sexual abuse can now be prosecuted, including offences previously protected by time limits dating back before 1989
- Offenders cannot use 'good character' to reduce their sentence if that character helped them access children
- Grooming offence expanded to cover manipulation of parents and carers, not just children
- Pilot scheme established for professional intermediaries to help child victims give evidence in court