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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2020-09-23 Daily Xml
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Child Protection

Ms HILDYARD (Reynell) (14:18): Supplementary: did the minister notify her department when she received correspondence about a young person in guardianship and unlawful sexual intercourse in May? If not, why not?

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General, Minister for Planning and Local Government) (14:18): The member repeatedly treats this matter, I think, with some disrespect. Let me make it very clear: consistent with the ministerial statement—

Members interjecting:

The SPEAKER: Order!

Members interjecting:

The SPEAKER: Order! The Deputy Premier will resume her seat for one moment. I indicated earlier on—we are still relatively early on in question time—that the member for Reynell is perfectly entitled to ask questions in silence. They are important questions. The minister and the Deputy Premier, and all of those who are called upon to answer questions, are entitled to do so in silence. The Deputy Premier.

The Hon. V.A. CHAPMAN: Thank you, sir, and—

Ms HILDYARD: Point of order, Mr Speaker.

The SPEAKER: There is a point of order, the member for Reynell.

Ms HILDYARD: Standing order 127: I take great offence to being told that I am treating this very serious matter with disrespect.

The SPEAKER: As I heard the reflection, it was made not with any direct reference to the member for Reynell—

Members interjecting:

The SPEAKER: If I have interpreted it as a general reference where it was more specific, I will ask the Deputy Premier to withdraw. So I do ask the Deputy Premier to withdraw if that was a reference, indeed, to the member for Reynell.

The Hon. V.A. CHAPMAN: I'm happy to do so, sir. The question—

The Hon. A. Koutsantonis: So withdraw it.

The Hon. V.A. CHAPMAN: I'm happy to do so; I have just indicated that.

Members interjecting:

The SPEAKER: Order!

The Hon. V.A. CHAPMAN: Sorry, Mr Speaker, I thought you were the Speaker, but it seems the member thinks he is.

Members interjecting:

The SPEAKER: Order! I have asked the Deputy Premier to withdraw.

The Hon. V.A. CHAPMAN: Thank you, sir, and I'm happy to do so. I withdraw any concern that may have had a reflection on the member. What is important to remember here is that a young girl was a victim of a serious unlawful sexual assault. In fact, there was another offence that was dealt with in the sentencing remarks in relation to this matter.

I think it's important—and I think the Minister for Child Protection has identified two very key things which are critical for the information of the public and this parliament. One is that her department acted immediately to refer this matter to the police. Number two is that they provided support services to this young victim.

In the middle of this month, only a week or so ago, sentencing remarks were published in relation to a criminal offence that followed. I think it's important that the minister has recorded her appreciation for the prompt conduct of her officers. What is important to also note is that in providing the information of the letter of inquiry about sentencing in relation to unlawful sexual intercourse matters and the aggravation, that was presented by a member of the public, which has been clearly identified as referred to me as Attorney-General to provide an answer to an inquiry by the member of the public.

The Hon. A. Koutsantonis: So you knew?

The SPEAKER: Order, member for West Torrens!

The Hon. V.A. CHAPMAN: In May, a general question was referred in the statement—

Members interjecting:

The SPEAKER: Order!

The Hon. V.A. CHAPMAN: I appreciate that the member for West Torrens keeps interjecting at this point—

The Hon. S.C. Mullighan: Just do what Ashton tells you, okay?

The SPEAKER: Order, member for Lee!

The Hon. V.A. CHAPMAN: —but perhaps if he just rereads the ministerial statement that has been put today, he will understand that a non-identified, non-specific reference to unlawful sexual intercourse in which children may become pregnant to an adult—as general as that—was referred to me for a response as to the idea that was raised by the person to consider whether there should be a change in the law to identify and introduce an aggravating factor in our sentencing law. That is the gist of what was presented.

In no way would I disclose the name of the author of the letter to me without seeking permission from him or her on an inquiry. I have literally hundreds of letters and emails, obviously, from the general public seeking to restore, or amend, or implement, or initiate law reforms which they think are meritorious, and I appreciate them.

In this instance, I was able to inform the person—who, in that letter, had not disclosed any specifics in relation to the subject case—what the penalties were already for unlawful sexual intercourse, which I remind members are up to life imprisonment for sexual intercourse with a child under the age of 14 years, and also all of the factors and provisions under the Sentencing Act which require harm (including pregnancy) to be taken into account in sentencing matters.

It's important, I think, as Attorney-General—and I hope I have comprehensively provided this to this particular inquiry—as to what exists already and what is available, obviously, for implementation. I have recorded my appreciation of her getting in touch on the matter, but I just want to confirm to the house that at no time was there identification of this particular case that has been referred to by the member in relation to this particular prosecution and conviction.

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