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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-03-04 Daily Xml
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CHILD SEX OFFENDERS REGISTRATION (REGISTRATION OF INTERNET ACTIVITIES) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 4 February 2009. Page 1185.)

The Hon. D.G.E. HOOD (20:18): On behalf of Family First, I rise to indicate our strong support for the honourable member's very sensible bill. If members recall, Family First had a similar bill pass through this place, and indeed through the whole parliament, back in 2007 which gave judicial officers the power to include conditions regarding computer and internet access as part of the paedophile restraining order regime as set out in section 99AA of the Summary Procedures Act.

The current regime when dealing with paedophiles, including the restraining order scheme, dates back well over 10 years and did not originally envisage predatory behaviour occurring online. Nowadays, of course, predatory behaviour by paedophiles occurs to a significant extent online often with a view to meeting children in the real world. Some behaviours occur exclusively online—for instance, the circulation of child pornography. Whether or not the practice extends beyond online interaction, it is a disgusting practice and I am grateful that the honourable member is proposing that registered offenders be required to submit further details regarding online accounts and activities as part of their reporting regime.

Some statistics regarding online child solicitation have been compiled by SentryPC, which provides internet filtering technology. It notes that one in five US teenagers who regularly log onto the internet say that they have received an unwanted sexual solicitation via the web and that 75 per cent of children say that they are willing to share online personal information about themselves and their family in exchange for goods and services. I also note that the Crimes Against Children Research Centre has found that only about 25 per cent of children who encounter sexual approach or solicitation actually told a parent or adult. These are concerning statistics indeed.

Obviously, Family First supports any appropriate measures to protect children online. It supports internet filtering technology, which can be one layer of protection. The honourable member, in this bill, proposes this further layer of protection, which would enable police to keep a closer eye on the online activities of offenders. It is a sensible proposal, we welcome it and it has the support of Family First.

The Hon. B.V. FINNIGAN (20:21): The government supports the second reading of the bill. The Child Sex Offenders Registration Act 2006 requires sentenced child sex offenders, referred to as 'registrable offenders', to register with the Commissioner of Police. Depending upon the offence or offences for which the registrable offender has been sentenced, registration is mandatory for eight or 15 years or life, or it is discretionary for the period specified in a court order, that is, a child sex offender registration order.

A registrable offender is, upon registration, required to provide to the commissioner specified personal information. For the period of his registration, a registrable offender must ensure that his personal information is kept up to date, report annually to police and notify the commissioner of plans for extended travel out of the state.

The act requires the commissioner to establish a child sex offender register. All personal information provided to the commissioner by a registrable offender must be kept on that register. Access to the information on the register must be strictly controlled in accordance with guidelines issued by the commissioner and approved by the Attorney-General, in accordance with the act. The act prohibits a registrable offender from engaging in, or applying for, child-related work, and it requires a person engaged in or applying for child-related work to report any child sex offence charges or convictions to his employer.

The bill amends section 13 of the act, which sets out the personal information that must be provided by a registrable offender at the time they are first required to be registered. This information includes:

name, including any other name by which the offender is, or has previously, been known;

date of birth;

the address of each of the premises at which the offender generally resides;

names and ages of any children who generally reside in the same household or with whom the offender has regular unsupervised contact;

if he or she is working—

(a) the nature of the work

(b) the name of his or her employer, if any

(c) the address of each of the premises at which he or she generally works or, if he or she does not generally work at any particular premises, the name of each of the localities at which he or she generally works;

details of his or her affiliation with any club or organisation that has child membership or child participation in its activities;

the make, model, colour and registration number of any motor vehicle owned by, or generally driven by, him or her; and

details of any tattoos or permanent distinguishing marks that he or she has, including details of any tattoo or mark that has been removed.

This bill adds to the list of information that must be provided by a registrable offender:

details of any carriage service, within the meaning of the commonwealth Telecommunications Act 1997, used or intended to be used by the person;

details of any internet service provider or provider of a carriage service, again within the meaning of the commonwealth Telecommunications Act 1997, used or intended to be used by the person;

details of the type of any internet connection used or intended to be used by the person, including whether the connection is a wireless, broadband, ADSL or dial-up connection;

details of any email addresses, internet user names, instant messaging user names, chat room user names, or any other user name or identity used or intended to be used by the person through the internet or other electronic communication service; and

any other information prescribed by the regulations.

South Australia Police advises that use of the internet by child sex offenders is the most common form of contact such offenders have with children and child exploitation material.

The government agrees that these additional details will help police to better monitor child sex offenders. Although the government supports the second reading of the bill, closer examination of the bill has indicated the need for some amendments. I indicate that I will move those amendments in the committee stage.

These amendments will add to the list of information that must be disclosed to the police by a registrable offender any password or access code used by him or her to access the internet. I will outline the proposed amendments.

The first amendment will add to new paragraph (p) the requirement that a registrable offender provide to the police details of any passwords used or intended to be used by a person through the internet or other electronic communication service. This will ensure that police can access a registrable offender's internet or other electronic communication service should the need arise.

The second amendment will add to new paragraph (p) the requirement that a registrable offender provide to the police details of any access code used or intended to be used by a person through the internet or other electronic communication service, for the same purpose as the first amendment that I will be filing. The government supports the second reading of the bill.

The Hon. R.D. LAWSON (20:26): I thank the Hon. Mr Hood for his indication of support by Family First members for this measure. I thank the government for its continued support for the measure. I am somewhat surprised to hear the Hon. Bernie Finnigan mention that he has amendments. I have not yet seen copies of the proposed amendments, but the amendments outlined by him, namely, the inclusion of requirements for disclosure of codes and passwords etc., are entirely consistent with the measure, and they will be supported.

I should also on this occasion once again congratulate the originator of this bill, the member for Davenport, the Hon. Iain Evans. It is a sensible and useful addition to our child sex offenders registration legislation. I indicated that we will be seeking a vote on this bill and its passage today. I am somewhat surprised not to have received a copy of the amendments, but I indicate support for them, and I look forward to the rapid passage of this measure.

Bill read a second time.

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