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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2013-09-11 Daily Xml
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CHILD SEXUAL EXPLOITATION MATERIAL

The Hon. R.B. SUCH (Fisher) (14:44): My question is to the Premier. Will the Premier, in conjunction with the Attorney, review the laws relating to child sexual exploitation material? Recently—and I won't name the school—at a secondary school, a 13-year-old boy sent, via a school iPad, a photo of his genital area to his classmates. As a result of that, that lad is likely to face court—it's not before a court now—and could end up on the sexual offenders register, as could all of the class who looked at the material, unsolicited. Having opened their iPad, they are guilty of an offence. I ask the Premier accordingly: the law, as I understood it, was to protect children from predators, not to turn silly 13 year olds into criminals.

The Hon. J.W. WEATHERILL (Cheltenham—Premier, Treasurer, Minister for State Development, Minister for the Public Sector, Minister for the Arts) (14:45): I thank the honourable member for his question. This is an important question. Of course, everyone accepts that the use of the internet for pornographic images of children is a matter of great concern, and we want to protect our children. The creation of offences for conduct of that sort is a matter of importance, and I think would be generally accepted.

The member for Fisher raises, I think, a difficult case, where you have juveniles or even young adults that may be engaging in conduct as he describes as silliness, rather than any attempt to exploit in the way in which perhaps has been intended by the offence. Can I say about the case that he raises in particular, I suspect that there may be different treatment for a juvenile that is convicted of an offence of this sort in terms of the register than perhaps an adult, but I will have to take some advice on that. In any event, the general point he raises, I think, is a strong one and we will reflect on it. I understand he has corresponded with us; I have not yet had the chance to consider it in detail. I know the Attorney has also been copied into that correspondence, and we will bring back an answer.

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