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

I indicate at the outset that the Crimes Legislation Amendment (Sexual Offences Against Children) Bill 2010 has the strong support of the coalition. The bill aims to strengthen the existing child sex tourism offence regime and makes amendments to child sex offences committed outside Australia. The bill also introduces new offences for steps leading to actual sexual activity with a child. The bill aims to, among other things, ensure that behaviour involving sexual offences against children committed by Australians within Australia is also criminalised when it is committed by Australians overseas.

In 1994 the Commonwealth enacted a suite of new criminal offences targeting Australians who engage in the sexual abuse of children overseas, which is sometimes referred to as child sex tourism. The introduction of these offences fulfilled Australia’s international obligations to protect children internationally from sexual exploitation. In 2005 the former coalition government enacted a range of offences directed at the use of a carriage service, such as the internet or a mobile phone, for the sexual exploitation of children. That action was taken in response to the increasing use by offenders of new technical tools, such as the internet, to engage in the sexual exploitation of children.

This bill will implement a range of reforms to the 1994 and 2005 offence regimes to ensure that they remain effective and continue to meet the needs of law enforcement agencies in combating sexual predatory practices. The reality we face today is that rapidly changing technologies and the anonymity that the internet provides have resulted in unprecedented opportunities for child sex offenders. The coalition supports these reforms and the creation of the new offences which strengthened the current system so as to ensure that sexual exploitation is comprehensively covered whether committed online or through other devices, such as mobile phones or the mail.

On behalf of the coalition I want to briefly pay tribute to the Australian Federal Police and to acknowledge the role of the AFP’s Child Protection Operations in performing investigative and coordination functions within Australia for multijurisdictional and international online child sexual exploitation matters. These matters include those from Australian state and territory police; government and non-government organisations, including internet service providers and internet content hosts; the Virtual Global Taskforce; international law enforcement agencies; Interpol; and members of the public. The AFP investigates online child exploitation which occurs using a telecommunications service, such as the internet or a mobile phone. The types of offences investigated include accessing, sending or uploading child exportation and abuse material.

Grooming or procuring children over the internet is also investigated by the AFP. AFP investigators may also focus on internet sites carrying child abuse material and operated from an ISP in Australia. In cases where the site content is not hosted within Australia, the matter is referred to overseas law enforcement agencies. The coalition applauds the Australian Federal Police and state police forces for their hard and sometimes very distressing work to combat those who seek to harm the most vulnerable members of our community.

In closing, I want to point out that on 17 June 2008 Senator Bernardi introduced a private senator’s bill. His Crimes Legislation Amendment (Enhanced Child Protection from Predatory Tourism Offences) Bill 2008 did not receive government support and, as a result of a decision of the government, his bill was not allowed to be debated. Many of the measures in this bill are similar to the measures that Senator Bernardi sought to have the Senate enact two years ago. The delay of two years in legislating for these protective measures lies at the feet of the Rudd government. Nevertheless, tardy though it is, the government has at last acted, and the coalition supports the measures.

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

I, too, strongly support the Crimes Legislation Amendment (Sexual Offences Against Children) Bill 2010. I welcome it. It is essential legislation for the protection of our children in the terms of the conduct that occurs overseas as well. I note Senator Brandis’s comments about the work that Senator Bernardi has done in relation to this and the bill that he put up in this place some two years ago. I, too, acknowledge the hard work of Senator Bernardi in relation to this.

I just want to seek leave in a moment to table a letter I have from the Minister for Home Affairs. I have been particularly concerned about the grooming of children via misleading information being put out online. A classic example is when a person lies about their age in communicating with a child they could also be lying about other circumstances. Honourable senators may be aware of the tragic circumstances involving Carly Ryan, where the perpetrator, the person responsible for her murder, was recently found guilty in the South Australian Supreme Court. The minister’s office—and I am grateful for the work of the minister, his staff and advisers in relation to this—proposed that a working group be established to address the issues raised in the bill that I have introduced with respect to misrepresentation of age to a minor and that the working group would consider how misrepresentation of age to a minor could be addressed by criminal laws both as preparatory conduct and also as criminal conduct in itself. They propose setting up a working group from the minister’s office, my office, the Attorney-General’s Department and the Australian Federal Police, as well as Susan McLean, Director of Cyber Safety Solutions. I seek leave to table that letter. I welcome that degree of cooperation with the government and I am looking forward to the law being strengthened as a result of the work of that working party.

Leave granted.

Ursula Stephens (NSW, Australian Labor Party, Parliamentary Secretary for Social Inclusion and the Voluntary Sector) Share this | Link to this | Hansard source

I thank the senators for their support of the Crimes Legislation Amendment (Sexual Offences Against Children) Bill 2010, which reforms the Commonwealth child sex offences to ensure that children in Australia and internationally are better protected from abhorrent crimes. I would like to add my thanks, and the thanks of the government, to Senator Brandis’s comments in relation to the work of the Australian Federal Police and other international agencies involved in this work. Those who have to deal with these matters need to be supported. Sexual offences against children are abhorrent crimes.

But I would like to put on the record just for history that it was Senator Ludwig in opposition who tried to introduce a private senator’s bill, which did not have the support of the then government. This is an issue that is of concern to all sides of politics and not made any better by trying to score points in that regard. Having said that, I commend the bill to the Senate.

Question agreed to.

Bill read a second time.