Child Sex Offenders Registration (Child-Related Work) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 21 February 2024.)

Mr ODENWALDER: I draw your attention to the state of the house, reluctantly, sir.

A quorum having been formed:

S.E. ANDREWS (Gibson) (17:16): I rise to speak on the Child Sex Offenders Registration (Child-Related Work) Amendment Bill. This bill creates a default rule that registered child sex offenders, and those accused of registrable child sex offences, may not work in businesses that employ children, if their employment would involve contact with child employees. Accused and registered child sex offenders are already generally prohibited from engaging in child-related work; however, the current definition of child-related work does not extend to working with child employees. This bill broadens that definition.

The Malinauskas Labor government is committed to protecting the most vulnerable members of our community. This reform complements the strong suite of commitments we have already delivered since the 2022 election. Every South Australian has a right to be safe. Every worker also has a right to be safe, no matter their age, gender identity or cultural background. We know that many young people start out working in fast food or retail services.

We also know that if you want to ensure that your safety and other rights at work are protected then you should join your union. In these industries it is the Shop, Distributive and Allied Employees' Association (SDA) that is most likely your union to join. The SDA have publicly called for reform in this area. As has been reported, employers in these industries can have a somewhat casual attitude to the safety and care of their employees, with the SDA reporting underpayment of wages, denial of breaks, denial of allowances and many other breaches of employment law.

I urge all workers to join the union that represents their workplace and make sure they are getting all their entitlements. I am a proud member of the Australian Services Union which represents workers in social, community and disability services; the energy sector; local government; and not-for-profits, among other sectors. Solidarity to my fellow ASU members.

Every young person has a right to be safe, respected and supported appropriately and within the law in their workplace. They certainly do not deserve to be put at risk by their fellow employees or their management. As a parliament we owe them that—the freedom to work, gain skills, build their confidence and earn their first wages in a safe environment. I support this bill and commend it to the house.

Ms CLANCY (Elder) (17:19): I rise today in support of the Child Sex Offenders Registration (Child-Related Work) Amendment Bill 2023, which seeks to broaden the definition of child-related work to ensure South Australians under the age of 18 are not working alongside registered sex offenders or those accused of registrable child sex offences, including the persistent sexual abuse of a child, gross indecency and the production or dissemination of child exploitation material.

At present, accused and registered child sex offenders are already generally prohibited from working in a narrow cohort of roles that provide services directly to children, such as child care, foster care or coaching in sports. This is a clear flaw in our current laws that South Australians would rightfully expect we fix. South Australian parents and caregivers—all parents and caregivers—would hope and expect that when their children go off to work for the first time, whether it be stacking shelves at the Cumberland Park Woolies, taking orders at the new McDonalds in Pasadena or weekend shifts at one of our excellent local coffee shops, they are working in a safe environment.

Young people are already some of the most vulnerable in a work environment, and we must do everything we can in this place to keep children safe wherever they may be. This bill supports our commitment to take the toughest action ever in the history of our nation against those who exploit children. In addition to this reform, we are also seeking to fast-track tough new child sex offender laws which would see serious repeat child sex offenders subject to indefinite imprisonment and face lifetime electronic monitoring.

This reform also complements the suite of commitments we made to the South Australian people at the last state election that we have already delivered upon, including closing loopholes that once made it easier for South Australians who possess child porn or childlike sex dolls to get bigger sentence discounts or bail, increasing penalties for a range of child sex offences and boosting funding for victim support services.

South Australian Labor has a proud and long record of improving community safety, providing support for victims and reforming our justice system. It was Labor who removed the statute of limitations on child sex offences, established our first child sex offender register and appointed the state's first Commissioner for Victims' Rights.

But we also know that justice is about so much more than just punishing criminals. Those of us on this side of the house appreciate we must place those who are victims of criminal activity at the centre of the government's response to crime and ensure they are treated as more than just a witness or survivor. South Australian victims of crime, regardless of their economic circumstances or the language they speak at home, should feel respected, supported and safe. The trauma of victims, which can easily be aggravated by court proceedings, anniversaries and publicity, needs to be addressed safely, compassionately and confidentially.

We were all shocked by reports in March 2022 that a fast-food manager who had been arrested for being in possession of child sexual abuse was allowed to continue working with and supervising underage workers because his employers had not been told of his charges. That is completely unacceptable. South Australians were again disgusted in August 2023 when a 23-year-old man was arrested for sexually abusing an underage co-worker and sexually harassing two underage co-workers at a regional KFC.

When we send our kids off to work for the first time, we prepare them for the grumpy customers, the passionate micromanagers and the stress of balancing homework and shift commitments. If you are anything like my parents, you also make sure they get to work 10 minutes before their shift starts so they can go to the toilet beforehand and be ready to begin the moment their shift starts. But what we often do not prepare them for—and we should not have to and, obviously, we do not want to have to—is the risk of sexual assault and harassment at the hands of their adult colleagues.

As parents and caregivers, we often do not prepare our children for this because we do not expect it to be an issue and we desperately do not want it to be. South Australian parents and caregivers rightfully expect the law and the criminal justice system to keep their children safe from predators when their children are not at home, especially so in a workplace.

Today, the Malinauskas government hears those parents and caregivers and will provide additional protections to ensure South Australian children who are working are not working alongside registered child sex offenders or those who have been accused of registrable child sex offences. Just saying that sentence out loud, it seems so obvious. It is something that we should not have to say out loud. It is something that should already exist. So I am really proud that we are making that happen.

Under this proposed reform, registered child sex offenders, and those accused of registrable child sex offences, would be unable to work for a business that hires underage workers, where the offender would be in contact with those children, regardless of whether that is in person, over the phone or via email. It is about keeping these children safe through as many mediums as possible. Those who have been accused of registrable child sex offences and who have underage co-workers would be required to notify their current employer within seven days of being arrested. This bill does not seek to apply this prohibition to employment where the workplace contact with a child is only ever fleeting or incidental, such as during a change of shift.

Upon successful passage of this bill, registered child sex offenders, and those accused of registrable child sex offences, could apply for variation of these reforms once in place only where it may be deemed that they pose no risk to child employees in their workplace. This would be at the discretion of the bail authority for the accused offender or the Commissioner of Police for convicted registered offenders.

In closing, I would like to thank the SDA for their ongoing efforts. They always do great work and have publicly called for this reform in this area for years. They can now finally see their efforts pushed forward in this place. A big shout-out to that union's secretary, Josh Peak: good job. I would also like to thank the Attorney-General and his team for their ongoing work on criminal justice reform since we came to government, as we strive together to keep all South Australians safe and well, wherever they may be.

I am very proud to be part of this Malinauskas Labor government, a government that is committed to fairness and committed to keeping people safe in our community. It has been a pleasure to speak on a number of Attorney-General bills in my two years so far in this place and I hope to be here for many more years talking on even more extra excellent reforms brought to us by our Attorney-General.

This bill is an important step forward in protecting vulnerable young South Australians at work. I know all the people in this place, regardless of whether a parent or a caregiver, care passionately about making sure the most vulnerable people in our community are protected. This bill goes some way in doing that. I want to make sure that our young people get to go to work and be as safe as possible.

My daughter turned seven on Sunday, so we are a while away from having to send her to any kind of workplace. But when I do—because I will be making sure she does go to a workplace as soon as she is able; it teaches them a good work ethic—I hope that she is safe and that the worst thing she comes home with from her shift at KFC or Maccas (maybe she will have a paper round like I did when I was little) is just that there was a grumpy customer. Let's be honest, they are children; a 14 year old is a child. I want to know that that 14 year old is safe, that there are not people who have committed awful offences in the same workplace as them, working beside them. It is completely unacceptable.

I think it is really important to get this bill through our parliament because it will make such a difference and give many parents and caregivers in our community peace of mind that when they send their children to maybe serve someone a two-piece feed their child is in a safe place. I am just really proud about this important step and that we are moving forward and protecting vulnerable young South Australians at work. I commend the bill to the house.

Debate adjourned on motion of Mr Odenwalder.