House of Representatives

Explanatory Memorandum

(Circulated by authority of the Attorney-General and Minister for Industrial Relations, the Hon Christian Porter MP)

GENERAL OUTLINE

1. This Bill better protects the community from the dangers of child sexual abuse by addressing inadequacies in the criminal justice system that result in outcomes that insufficiently punish, deter or rehabilitate offenders. The Bill targets all stages of the criminal justice process, from bail and sentencing through to post-imprisonment options.

2. This Bill combats the evolving use of the internet in child sexual abuse and addresses community concern that the sentencing for child sex offences is not commensurate to the seriousness of these crimes.

3. This Bill amends the Crimes Act 1914 (Crimes Act) and the Criminal Code Act 1995 (Criminal Code), to:

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insert community safety as a factor that can be taken into account to revoke the parole of a federal offender without notice;

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remove the requirement to seek leave before a recorded interview of a vulnerable witness can be admitted as evidence in chief;

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prevent children and other vulnerable witnesses from being cross-examined at committal proceedings;

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insert notes in the Criminal Code to provide additional clarity regarding the scope of conduct captured by child sex offences;

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insert new aggravated offences for child sexual abuse that involves subjecting the child to cruel, inhuman or degrading treatment, or which causes the death of the child;

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insert new offences to criminalise the "grooming" of third parties, including through the use of a carriage service, with the intention of making it easier to procure a child for sexual activity in Australia or overseas;

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insert a new offence to criminalise the provision of an electronic service to facilitate dealings with child abuse material online;

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insert additional aggravating sentencing factors that apply when a court is sentencing for certain child sex offences, including considering the age and maturity of the victim and the number of people involved in the commission of the offence;

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increase the maximum penalties for certain Commonwealth child sex offences;

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introduce a mandatory minimum sentencing scheme to apply to the Commonwealth child sex offences that attract the highest maximum penalties, and all other Commonwealth child sex offences if the offender is a repeat child sex offender;

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insert a presumption against bail for Commonwealth child sex offences that attract the highest maximum penalties, and all other Commonwealth child sex offences if the offender is a repeat child sex offender;

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make it an aggravating factor in sentencing if a federal offender used their standing in the community to assist in the commission of an offence;

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ensure that when sentencing a Commonwealth child sex offender, the court must have regard to the objective of rehabilitating the person, including by considering whether to impose any conditions about rehabilitation and treatment and considering if the length of sentence is sufficient for the person to undertake a rehabilitation program while in custody;

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insert a presumption in favour of cumulative sentences for Commonwealth child sex offences;

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insert a presumption in favour of Commonwealth child sex offenders serving an actual term of imprisonment;

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require that if a court is releasing a Commonwealth child sex offender on a recognizance release order, the offender must be supervised in the community, and undertake such treatment and rehabilitation programs as their probation officer directs;

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add residential treatment orders as an additional sentencing alternative to allow intellectually disabled offenders to receive access to specialised treatment options;

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reduce the amount of 'clean street time' that can be credited by a court as time served against the outstanding sentence following commission of an offence by a person on parole and license; and

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require a period of time to be served in custody if a federal offender's parole order is revoked.

FINANCIAL IMPACT

4. The financial impact of this Bill is largely limited to the costs associated with housing federal prisoners on remand and sentence.

5. The Commonwealth does not own or operate any prisons and federal prisoners are currently housed in state and territory prisons. Convicted federal offenders comprise approximately 3 percent of Australia's total prison population while convicted federal sex offenders comprise approximately 0.4 percent of that population. As such, the overall financial impact on states and territories will be negligible. There will be some increase in costs borne by state and Commonwealth agencies for investigating and prosecuting new offences, and these costs will be absorbed.