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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-12-01 Daily Xml
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CHILDREN'S PROTECTION (IMPLEMENTATION OF REPORT RECOMMENDATIONS) AMENDMENT BILL

Final Stages

Consideration in committee of the Legislative Council's amendments.

The Hon. J.M. RANKINE: I move:

That the Legislative Council's amendments be agreed to.

Four amendments have come down from the Legislative Council—two amendments that the government put forward and two moved by the Hon. Stephen Wade. The amendments that the government moved enables South Australia to authorise persons or organisations to participate in the COAG criminal history information exchange and make provision for regulations to be made in relation to the release of information in relation to a person's criminal history to another jurisdiction and define the types of information that are to be included or excluded from a person's criminal history.

The amendments are necessary to ensure that South Australia has an appropriate legislative framework to participate in COAG's interjurisdictional exchange of criminal history for people working with children and will provide stronger protection for South Australia's children by improving the quality of screenings undertaken by authorised child related employment screening units.

The government also supports the amendment moved by the Hon. Stephen Wade. While the government thought it was not necessary, the amendment still provides for South Australia's participation in the exchange by conferring discretionary powers on the minister, chief executive or another person or body in regard to the authorisation of persons or bodies to undertake criminal history assessments and for providing the waiver or omission of a fee.

Ms CHAPMAN: I indicate that the opposition is quite agreeable to these amendments being moved en bloc, and we welcome the receipt of them from the Legislative Council. The minister has explained the reasoning behind this. It was of concern to the opposition and other parties in another place that we be clear that this would not affect the provision of power to executive or any other person or body because, in being so general, it is very important to be clear about exactly what power is being conferred. We certainly feel that is important when there is an extension of discretionary powers to persons at such a broad level. But with that, I indicate that the Children's Protection (Implementation of Report Recommendations) Amendment Bill is one which the opposition has supported, and we will be pleased to see its passage through the processes of this parliament.

There is another matter which has come to my attention during the course of this debate but which does not affect the opposition's position, because we have accepted the recommendations of Commissioner Mullighan. We understand the importance of providing screening for the protection of children who are in organisations (whether they be educational, recreational or health services and the like) where adults who could potentially be predatory on children are screened out. The effectiveness of these types of things is most evident, not in identifying someone who has a criminal history as a result of this requirement, but in that it deters anyone who has a criminal history from even applying to be involved in an activity which involves children. So, hopefully it will have that effect.

The concern I have, which has been raised, is that a number of people who have committed offences and who are serving time in our gaols are not receiving programs for rehabilitation of their criminal sexual behaviour towards children, and this was recently confirmed in a report. That concerns me because it leaves children in the community vulnerable when these offenders get out.

So, I bring the matter to the attention of the parliament and particularly to the minister because, whilst it is the direct responsibility of the correctional services minister and, ultimately, the Attorney-General to consider the priority of programs—and of course the Treasurer's contribution to funding them—it is imperative, in the opposition's view, that the government favourably considers and ensures that all people caught in these situations, first, have access to these programs and, secondly, undertake them as a prerequisite to any consideration for parole.

It is important that we deter from applying any people who have any criminal history and who have been caught. If they are in the general community, children can be walking down the street and be invited into a private home; they should be protected with some reduction in risk toward them from those in the community who have been caught and imprisoned and who have come out at least as bad as they were when they went in.

I bring that matter to the attention of the parliament, as it seems that we are dealing with only half the issue. It is an important half, and that is why we support it, but it is also important that we ensure that we protect children in the general environment in these circumstances. I place on the record my appreciation for the work done by Commissioner Mullighan and those assisting him in his inquiry and for government acting on the implementation of the recommended legislative reform that will soon be in operation with the passage of this bill.

The Hon. J.M. RANKINE: I thank the opposition for its support of this bill. As the member for Bragg said, an enormous amount of work has gone into this issue, and certainly the state government is very proud of its record in relation to child protection and the work that has been done in ensuring the protection of our children in South Australia since we have been in government, and this is an important part of that entire program.

Motion carried.

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