Child Sex Offenders Registration (Control Orders and Other Measures) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 19 June 2014.)

The Hon. S.G. WADE (15:34): I rise on behalf the Liberal opposition to support the Child Sex Offenders Registration (Control Orders and Other Measures) Amendment Bill 2014. The Child Sex Offenders Registration Act 2006 requires child sex offenders to register with the Commissioner of Police. The act was designed as a monitoring tool, and under the act registrable offenders are required to make reports to the police.

While under the act a registrable offender is precluded from engaging in child-related work, there are few other limitations placed upon them. The bill before us seeks to insert a new part into the act such that SAPOL will be able to apply to the Magistrates Court for a new type of order, called a control order, to be made against any registrable offender. Under the bill a control order could prohibit or restrict any conduct including associating with, or communicating with, a specified person or persons of a specified class. That may include, for example, children of a certain age. The order could restrict or prohibit a person from being present at, or in the vicinity of, a specified place or premises or a place or premises of a specified class (for example, that could be a school).

Further, an order could prohibit or restrict a person undertaking specified employment or employment of a specified kind or other conduct of a specified kind. Considering we have noted that child-related work is already precluded from a registrable offender under the act, my understanding is that the employment that is being considered here is employment that might relate, for example, to accessing or using the internet or a computer.

These orders are in addition to the paedophile restraining orders available under the Summary Procedure Act 1921. Those orders can be placed against people who may not have been convicted. One of the key differences with the orders that are anticipated in this bill is that the proposed control orders can be placed only on convicted and registrable offenders. The Magistrates Court can make a control order against any adult registrable offender if the court is satisfied, on the balance of probabilities, that the registrable offender poses a risk to the safety and wellbeing of one or more children, or children generally, and that the making of the order will reduce that risk.

I welcome the fact that these orders are subject to the supervision of the Magistrates Court and that the flexibility of the orders is such that the court can respond to the particular risks a person represents, and that the order will be targeted to that risk. The highest priority is to make sure that we keep our children are safe as we can, and one way we can do that is putting targeted restrictions on people who may represent a risk to children.

In making the control order the bill requires that the court take into account the circumstances and seriousness of each offence in relation to which the person is a registrable offender, the circumstances of the offender, and the impact of the order relative to the risk. The Magistrates Court will be able to make interim control orders, to vary or revoke a control order, or to make an order without being satisfied of the matters otherwise required if the police and the registrable offender consent to the making of the order and it is in the interests of justice to make the order. An order can be made for a maximum of five years, and a breach of an order is a criminal offence.

The bill also makes a number of minor amendments to the act and provides clarity concerning a number of other provisions. One change, to section 66L, directly reflects an opposition amendment proposed to the 2013 bill of this act, which required information to be provided to parents and guardians in advance of an offender staying overnight or generally residing in the same household as a child. I refer honourable members to discussion in the Legislative Council Hansard of 24 September 2013. Not surprisingly, the Attorney makes no acknowledgement of the opposition's role in highlighting this issue.

In the opposition's view, this amendment and the bill are sensible enhancements of the protection of children from sex offenders, and we support them.

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (15:39): I do not believe there are any further second reading contributions. I would like to thank those members who have contributed to the debate on the bill. The main object of the bill is to introduce a new type of order, called a control order. The bill inserts a new part into the Child Sex Offenders Registration Act so that the South Australian police will be able to apply to the Magistrates Court for a control order to be made against any registered child sex offender.

A control order made by the Magistrates Court will place restrictions and prohibitions upon a registered child sex offender. For example, a control order would prohibit a registered child sex offender from associating with or communicating with children under a certain age. A control order could also prohibit the registered child sex offender from being in the vicinity of a specified place or a specified class of premises, such as a school or a childcare centre.

The bill also inserts a new reporting requirement for registered child sex offenders who are serious registrable offenders. If one of the serious offenders has or plans to have reportable contact with a child they will now need to tell a parent or supervising adult two things: firstly, they will have to tell them that they are a registered child sex offender; and, secondly, they will have to tell them the offences they committed that resulted in them being a registered child sex offender. This new reporting requirement will act as a deterrent to help prevent the grooming of a child and also to help prevent the grooming of a family in order to gain access to a child.

The new control orders and the other provisions contained within the bill build upon the significant reform from 2013 and further enhance the protection of children from child sex offenders. I recommend the bill to the house and look forward to it being dealt with expeditiously through the committee stage.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (15:43): I move:

That this bill be now read a third time.

Bill read a third time and passed.