Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Bill 2019
Plain English Summary
Overview
This bill reforms Queensland's criminal justice system to better protect children from sexual abuse and improve access to justice for survivors. It implements key recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse, strengthens sentencing for child exploitation material offences, and criminalises child abuse objects such as life-like child replicas.
Who it affects
All Queensland adults now have a mandatory duty to report suspected child sexual abuse to police. Survivors of historical abuse gain new pathways to justice, while people working with children in institutions face stronger obligations to protect children from harm.
Key changes
- All adults must report suspected child sexual abuse to police, with up to 3 years imprisonment for failing to do so — including information from religious confessions
- People in institutions who know about a risk of child sexual abuse and fail to act face up to 5 years imprisonment
- The offence of maintaining a sexual relationship with a child now applies retrospectively, allowing prosecution of historical abuse
- Historical limitation periods that blocked prosecution of pre-1989 child sexual offences are retrospectively removed
- Offenders convicted of historical child sexual abuse are sentenced under current sentencing standards, not those from the time of the offence
- Grooming offences now cover manipulation of parents and carers, not just the child
- Producing, supplying or possessing life-like child replicas for sexual purposes carries up to 20 years imprisonment
- A pilot intermediary scheme helps child witnesses communicate during court proceedings
- Courts can no longer treat an offender's good character as a mitigating factor if that character helped them offend
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee9 Aug 2017View Hansard
Referred to Health, Communities, Disability Services and Domestic and Family Violence Prevention 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 Reading26 Oct 2017View Hansard
That the amendment be agreed to
Procedural division on an amendment to a motion; the close 41-40 result indicates this relates to a separate motion debated in the same section rather than the Child Protection Reform Amendment Bill, which was agreed to on the voices at all stages.
The motion passed.
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Ayes (41)
Noes (40)
That the motion, as amended, be agreed to
Procedural division on a motion as amended; the close 41-40 result indicates this relates to a separate motion debated in the same section rather than the Child Protection Reform Amendment Bill, which was agreed to on the voices at all stages.
The motion passed.
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Ayes (41)
Noes (40)
▸24 members spoke18 support6 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
Supported the bill's move toward permanency as implementing LNP-commissioned Carmody inquiry recommendations, but heavily criticised the Labor government's child safety record and raised concerns about the lack of appeal/review mechanisms for affected children under permanent care orders.
“I have been very clear in this House that the LNP supports permanency, but we do not trust Labor to implement it.”— 2017-10-26View 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
Spoke in support of the bill as a committee member, endorsing the permanency framework and the recognition of Aboriginal and Torres Strait Islander self-determination, and commended the minister's work.
“I rise to speak in support of the Child Protection Reform Amendment Bill 2017. It has been a real privilege as a member of this committee to play a very small part in the child protection reforms that have progressed under our government this term.”— 2017-10-26View 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
Supported the bill but raised significant concerns about clause 38 removing a child's right to seek review of a permanent care order, and noted submitters' concerns that the word 'permanent' evoked fear of the stolen generation.
“However, it is the right of the child that I am concerned about; not the processes involved. This is the right that clause 38 removes… I support the bill.”— 2017-10-26View 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
Supported the bill, highlighting the value of permanency of care, the importance of safe connection for Aboriginal and Torres Strait Islander children, and drawing on committee consultation in Mount Isa, Townsville and Palm Island.
“I support them. I support the bill before the House, and I commend the minister for getting on with this particular bill.”— 2017-10-26View 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
Stated the LNP would not oppose the bill, which implements Carmody inquiry recommendations originally endorsed by the LNP, but criticised Labor's delay in bringing the reforms forward and its broader handling of child safety.
“Whilst the LNP is not opposing this bill, it cannot be denied that Queenslanders have lost faith in this current Labor government’s ability to protect children in need.”— 2017-10-26View 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
Stated the LNP will not be opposing the bill and generally supported its objectives, but conditioned support on permanent care orders being sensitively and cautiously used for Aboriginal and Islander children, citing concerns raised on Palm Island and in Townsville.
“My support of this bill is in part conditional upon the permanent care orders being sensitively and cautiously used when it comes to Aboriginal and Islander children and families.”— 2017-10-26View 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
In reply, thanked members and stakeholders and reiterated that the permanency reforms allow children to achieve stability earlier while keeping first preference for care by family.
“As many members in this House have acknowledged, the introduction of the suite of permanency reforms will allow children and young people to achieve stability earlier to allow them to thrive and reach their full potential in adulthood.”— 2017-10-26View 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
▸In Detail26 Oct 2017 – 8 Sept 2020View Hansard
Technical amendment to clause 64 (new s 159NA) to exclude from information-sharing any conviction for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired, and any expunged conviction or charge under the Criminal Law (Historical Homosexual Convictions Expungement) Act 2017.
Amendment moved outside the long title to insert a new Part 4 (Amendment of other Acts) making consequential amendments to the Adoption Act 2009 and Public Guardian Act 2014 to replace references to 'recognised entity' with 'independent Aboriginal or Torres Strait Islander entity'.
Amendment to the long title to reflect that the bill also amends the Adoption Act 2009, the Director of Child Protection Litigation Act 2016 and the Public Guardian Act 2014, in addition to the Child Protection Act 1999.
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Sectors Affected
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