George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

I think we can dream up endless theoretical possibilities, Senator McKim. In relation to the hypothetical case you imagine, the answer would lie in the ordinary law of criminal responsibility. A 14-year-old person is within the age of criminal responsibility, and the criminal law provides defences. Those include duress, involuntariness and various other species of conduct for which the person accused of an offence is not responsible. I imagine if, in the case you cite, the child was in effect forced by its parents, if not under physical duress then at least under emotional duress, then the principles of criminal responsibility would govern the matter.

Once again, might I invite you to consider the prosecution policy of the Commonwealth. I do not want to be rude, but I know that some Greens—perhaps not you but some Greens—are a little paranoid about the police powers of the state. The police and prosecutorial authorities in particular apply a great deal of common sense to these cases, and it is inconceivable in the example that you give that that would result in any adverse consequences to the 14-year-old. Even if it did, as I say, on your facts I doubt that the 14-year-old would be criminally responsible anyway.