Libby's Law

Mr PICTON (Kaurna) (14:40): My question is to the Attorney-General. Has the Attorney-General abandoned her support of Libby's Law? With your leave, and that of the house, sir, I will explain.

Leave granted.

Mr PICTON: The Attorney-General previously promised the family that she would revive legislation introduced into the Legislative Council last year by the Hon. Dennis Hood MLC.

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General) (14:40): That's a very important question from the member. It relates, for the benefit of members who haven't been following this, to institute consideration under Mr Hood's bill, which would provide for a new offence under the Criminal Law Consolidation Act for sustained and repeated threats or communications—uninvited—from one person to another, essentially to deal with a circumstance of which some would be aware.

It had been asserted that a young girl called Libby, who had suicided, had been the victim in the lead-up to that of repeated communications of this nature. It sparked—I think as it has around Australia—a call for how we best deal with bullying, especially via our devices, between children, and indeed between adults, but I think the area of greatest concern and focus at the moment is how we might deal with that between children.

Young girls or young women in particular seem to be, statistically, the greatest level of victims in this category. So, on coming into government, as we had committed to do, that we would review what laws we have currently in place to deal with those who might be incited to suicide, some in circumstances that would deal with the criminal prosecution of conduct that might be—

The SPEAKER: A point of order by the member for West Torrens.

The Hon. A. KOUTSANTONIS: This is now debate, sir. The question was very specific, sir.

The SPEAKER: I have the point of order. I have allowed—

The Hon. J.A.W. GARDNER: Point of order.

The SPEAKER: A point of order on the point of order, yes.

The Hon. J.A.W. GARDNER: It is a bogus point of order. The question was about the government's position on a piece of legislation, and it is directly relevant.

The SPEAKER: I have the point of order. With respect to the member, I have the question: it was about whether the Attorney-General has abandoned support for Libby's Law. There was also a statement of facts introduced. I have allowed the Deputy Premier some preface. I expect her to keep to the substance of the question, but I will be listening attentively.

The Hon. V.A. CHAPMAN: The question in relation to whether we need other criminal laws was one that we felt was important that we properly investigate, that we have some discussion on. I have discussed the matter with, of course, the Hon. Dennis Hood, who was the sponsor of the previous legislation here. It followed similar drafting that had been introduced—laws that have been introduced—in Victoria.

I would have to say that, when we had a significant round table, which we are about to provide a comprehensive report on once those who attended are able to make comment about any of the final drafts, there wasn't a lot of support. In fact, I think there was only one person of the many who attended who considered entertaining that. But I have also met with Libby's parents, who are very concerned to ensure that their daughter, who they felt was a direct victim in relation to this type of conduct, ought to have the criminal sanction there as a preventative measure for future conduct towards other children—that that would be considered. When we do get that report and publish it—

Members interjecting:

The SPEAKER: Order!

The Hon. V.A. CHAPMAN: —we will consider whether we need to amend our current criminal law or whether we need to add in any other legislation, or whether the 10 laws that cover this area are adequate. In addition to that—

Mr Malinauskas: So if they're adequate you're not reviving the legislation?

The SPEAKER: Order!

The Hon. V.A. CHAPMAN: —just for the benefit of—although the Leader of the Opposition seems to be impatient to hear the answer on this. Some members who made a contribution on the education bill recently would have noticed that there is also reference to bullying conduct, student to student, teacher to student and other parties who are employed. This was, I think, a welcome initiative in relation to the explanation as to how this might apply under the Education Act. So, we are still working through that and we will consider it.

The SPEAKER: The minister's time has expired.