Nick Xenophon (SA, Independent) Share this | Hansard source

I am safe? I am glad I am safe on something. That is a good thing, Madam Acting Deputy President. In that case, I can freely discuss the report. For the life of me, I cannot understand why the committee, made up of government and opposition senators, still does not support this bill, even with the proposed amendments that deal with the concerns of the Attorney-General's Department. For goodness sake! If you were a parent and some creep—an adult—was communicating with your child under the age of 16 and lying about their age, and then wanted to meet your child, wouldn't you want the law to be able to intervene? It seems to me that it is a matter of common sense, of common decency, that that be the case. Instead, there seems to be a lack of political will to deal with an issue as important as this, an issue that we must address because of the growing risk of online predators and the risk they pose to our children. I am absolutely gobsmacked that the committee in its consideration of the bill, even with the amendments, did not think it appropriate to support the bill, that it did not acknowledge the problem that arises here. It is worth mentioning what Sonya Ryan said in her submission to the inquiry:

Young teens often have a desire to be free of their parent’s authority to gain acceptance as grown‐ups. Teens are naive and inexperienced, especially in dealing with adults who have ulterior motives. Sexual predators take advantage of this naivety. They manipulate kids in an effort to gain trust, which they use to gradually turn seemingly innocent online relationships into real‐life sexual interactions. A predator usually approaches a child initially through harmless chat room or instant message dialogue. Over time—perhaps weeks or even months—the stranger, having obtained as much personal information as possible, grooms the child, gaining his or her trust through compliments, positive statements, and other forms of flattery to build an emotional bond.

Sonya Ryan continues:

We are seeking to add this vital law to address the common denominator in the way online predators behave, they all set up false online profiles, most reduce their online age to present as a peer to the child with the intention to meet that child.

I put it to you that no adult could have a legitimate reason for establishing false profiles with fake names, age and photos to contact and meet a child that is not known to them for legitimate purposes. The proposed law is specifically tailored to that fact.

Sonya goes on to say:

As a nation we need to support our law enforcement units that are dealing with this new form of stranger danger, to ensure that once they have identified a predator, they have the support of this Parliament to apprehend these criminals.

…   …   …

This proposed law—

Sonya says—

is the gap between our law enforcement agencies and the ability to make a difference before it’s too late. We have comprehensive laws that protect us from those who seek to commit an act of terror, apprehending the persons evolved prior to the event. I believe we also need to have laws that protect our children on the same basis, to prevent an act of terror, terror that may or may not end in death, but may cause a lifetime of trauma.

In essence, what Sonya is saying, and I agree, is that we need preventative measures. We need to have the legal option of a place where we can intervene before things go too far and more children are put at risk.

I also want to raise some of the examples stated in the committee submission made by the Attorney-General's Department. The department stated that the bill could not be supported, despite acknowledging that:

It is possible that by requiring an intention to encourage a physical meeting only, this offence may be easier to investigate and prosecute than existing grooming and procuring offences which require evidence of sexual intent, allowing law enforcement agencies to intervene during the preparatory stage of an offence before proof of sexual or other illicit intention is apparent.

Despite this comment, the department declined to give its support to the bill.

The department also gave examples of genuine situations where people lie about their age online, and extrapolated how this might lead to an innocent person being caught under the offences in this bill. But they do not get it. The fact is: this has another element that the 2010 bill did not have—and I acknowledge that. That element is that, in addition to lying about your age to a child, you are wanting to meet them and trying to set up a meeting with that child. It beggars belief that the Attorney-General's Department has taken such a narrow, legalistic view in relation to this.

One particular example used by the department was of an adult using Facebook to distribute invitations to a birthday party, where the adult has humorously exaggerated their age. My proposed amendments removing the absolute liability in the bill will address these concerns.

The department also used the example of a 19-year-old, who could get caught under the provisions in the bill if they represented their age as 18 in order to enter into a relationship with someone who was 17, even though it is legal for them to have consensual intercourse. Firstly, I would hope that a 19-year-old would not think it was okay to lie about their age to a 17-year-old for the purposes of entering a relationship. Secondly, this demonstrates to me that the department does not understand or appreciate the real circumstances—that these lies, in whatever situation, indicate intent to deceive another person.

The internet and online technology are constantly evolving and expanding. They are also now embedded in our lives, and in the lives of our children. In her submission to the inquiry, Ms Susan McLean, a cybersafety expert and educator and a former police officer, summarised research that revealed the extent of this use, and highlighted disturbing trends. In her submission she said that:

A 2005 survey of 742 teens (aged 13 – 18) and 726 tweens (aged 8 – 12) conducted by the Polly Klaas Foundation (USA) reported … 54% of teens admitted communicating with someone they’ve never met using an Instant Messaging program, 50% via email and 45% in a chat room. 16% of all respondents … discovered that someone that they were communicating with online was an adult pretending to be much younger.

The pace of technological growth means children are almost always much more comfortable with online communication than their parents: what we still see as new and different is as essential and normal to them as breathing. New forms of communication mean that we need new laws to protect our children. In cyberspace, we cannot stand by their side as they explore the world. We cannot always set rules and curfews, because our kids can be sitting safe in their rooms—and, even while they are, be in danger.

This bill is an attempt to address some of the techniques used by online predators, so that we can put an additional safeguard in place for our children. If there is not support for this bill, I ask everyone in this place: what do we do, if not this? What do we do? What are our options? How can we make things safer? We know that the current laws are not enough, and I believe that this law, with its amendments, is a genuine attempt to fix it.

Like technology, our response to these unimaginable crimes must keep evolving. We cannot ever say we have a final remedy to a problem, because we do not know what the next problem will be. But I plead with my colleagues in this chamber, and to people in the general community: either this law, or something very close to it, must be passed. It is completely unacceptable that an adult can lie about their age to a child online with the intent of meeting that child and for that not to be a criminal offence. I know it is not supported by my colleagues from the government or the opposition, as I understand it.

But there is a wonderful thing coming up soon—I do not know when—called an election. And, along with Sonya Ryan, I will campaign for this to be an election issue. For all the parents out there, for all the kids out there who have been subject to online predators, this issue will not go away, and we must, with some decent political will—and, I hope, with bipartisanship—address this issue once and for all. There is no excuse to allow this type of behaviour to be not sanctioned by the law, and that is why I will continue to campaign for change, in memory of Carly Ryan. In memory of Carly, who was fifteen and in love, I ask all of you: what do we do next? We must do something to protect those like Carly. In Carly's memory, for all those kids out there who are being targeted by online predators, the law must change, and it must change sooner rather than later. Again, I say to Sonya Ryan: it has been an enormous privilege to be able to work with you on this, and I will not give up until the law is changed.