Jordon Steele-John (WA, Australian Greens) Share this | Hansard source

Here we are. After what seems like many eternities of considering different aspects of this legislation, we come now to the critical question of whether the government can rise above its own all-too-often inclination towards petulance and actually pass through this place a piece of legislation that would give criminal recourse to the more than five million Australians who live within the Northern Territory and within the state of Queensland and who currently have no criminal recourse in this matter. There may well be a bill before the NT, but we have the opportunity to do something now.

I'm happy to hear the minister allude to the government's intention to pass this bill, amended by NXT, to the other place and that he has expressed the hope that when it returns a disagreement over this issue does not sink the legislation. I say to him that that is a ball firmly within his court. Amended, as suggested by NXT, this legislation addresses the very profound nature in which the different criminal and civil penalty regimes of the states differ. That is critical in addressing this problem. I don't know whether the minister has had the opportunity to review the information given to a current Senate inquiry into the issue of cyberbullying, of which this is an oft talked about aspect, but it was very clear to all of those who participated that variations in state legislation pose significant challenges to victims when seeking recourse in this way.

Indeed, last year my predecessor, Scott Ludlam, expressed his disappointment and frustration that the legislation before the Senate at that time with regard to the sharing of intimate images had been pushed off in the criminal space for the states to handle in a piecemeal manner. I skip ahead eight months now, and states and territories have acted. But, again, I draw your attention to the reality that there are five million Australians currently without criminal recourse. The Australian Greens believe that the civil penalty regime proposed in this legislation complements existing criminal regimes related to the non-consensual sharing of intimate images; however, there is undeniable and inescapable merit in extending criminal redress processes to those Australians currently without it.

There is a need, when considering these issues of such a serious and complex nature, which impact upon the lives of so many Australians in ways which are unimaginable to some members of this chamber yet are a part of the lived experience for others, that we attempt even momentarily to rise above the inclination towards political opportunism and towards discourses which place political gain above the interest of vulnerable community members who are experiencing abuse. In our roles as representatives in this place we have heard on many occasions from victims of these horrific crimes. We have also heard from these individuals that there is a culture in this nation which does not lend itself to the taking of these issues seriously; in fact somebody remarked to me last week that, in relation to the issue of cyberbullying—particularly as it pertains to predatory trolling and the rather violently inclined abuse of our female journalists who work in this place every day—our cultural attitude, our implementation of law and the understanding which our community, law enforcement and employers have is akin to where the conversation with regard to domestic violence was 30 years ago.

Fellow citizens, predominantly women—in many cases people with a disability, members of the LGBTI community, and Aboriginal and Torres Strait Islanders—suffer daily under the threat that images of themselves in the most private of situations will be shared with a community of billions, due to motivations of hatred and discrimination. A cultural change is needed in this nation. We must now turn towards treating these crimes with the seriousness they deserve. This parliament, by passing this legislation as amended, has the opportunity now to send a very clear message. I urge the government to join us in sending that message and, should the bill return amended from the other place, to support it once again. I urge the minister to utilise his charisma and influence within his party room—not inconsiderable, I'm sure—to convince his colleagues of the need to pass this legislation.

This is an issue of pre-eminent national importance. This is not something which should have been brought on with haste. This is not something which should have been brought on in a political context happening elsewhere. This is not something which should have been dealt with in the fifth year of this government or any government. It should have been something that was dealt with thoroughly, calmly and fastidiously in the first moments of a government's life. But, here we are; this is what we have been given. This is the opportunity before us to make change and to send a message. We support these amendments and I would urge you, as a colleague and as a man who I believe is in possession of profound intellect, to support these amendments as well. I commend them to the House.