The Hon. TARA MORIARTY (Minister for Agriculture, Minister for Regional New South Wales, and Minister for Western New South Wales) (16:41): I move:

That this bill be now read a second time.

The Government is pleased to introduce the Child Protection (Offenders Registration) Amendment Bill 2024. The bill makes important amendments to the Child Protection (Offenders Registration) Act 2000 to ensure that the Act remains fit for purpose in meeting its statutory obligations of protecting children from serious harm, ensuring the early detection of offences by recidivist child sex offenders, monitoring persons who are registrable persons and ensuring registrable persons comply with the Act.

Child sex offender registration schemes are used in other jurisdictions across Australia and many other countries around the world. They enable police to monitor registrable persons and reduce the risks of recidivist offending, which causes significant harms to children. In New South Wales, the Child Protection (Offenders Registration) Act applies to certain "registrable" persons who have been convicted of sexual offences against or in relation to children, certain violent offences against children and offences for producing, disseminating or possessing child abuse material. The Act requires those convicted offenders to register with the NSW Police Force and to report certain personal information while they are in the community. The Act also requires registered persons to report changes to that information.

The child protection offenders registration scheme in New South Wales is a critical component of the State's response to the risks associated with offenders who have offended against children while they are in the community. The bill will significantly strengthen the current regime to ensure that our children are better protected from further potential harms posed by persons who have been convicted of serious sexual and violent offences against children. The bill will make it easier for police to detect if a registrable person breaches their reporting requirements and to take the appropriate action.

To achieve those outcomes, the bill ensures that mandatory reporting obligations apply to a greater range of serious offences against children. The bill also applies more stringent reporting obligations to persons on the register and strengthens the powers available to police to ensure those persons are complying with their obligations. The reforms are intended to ensure the Act remains fit for purpose and that police are equipped with the information and tools they need to respond to risks to our children in the community. Further, the bill makes improvements to ensure that registrable persons are advised of their reporting obligations as clearly, accurately and quickly as possible. That will provide certainty to convicted offenders and police about when reporting obligations apply, and it will also reduce the risk of errors occurring in the application of the child protection offenders registration scheme.

I seek leave to have the remainder of the second reading speech incorporated in Hansard.

Leave granted.

The proposed improvements in the bill have been informed by the important comments made in the Law Enforcement Conduct Commission's Operation Tusket final report in 2019 and a subsequent review of the Act by the NSW Police Force. Operation Tusket identified that a range of complexities in the current Act contributed to a significant number of errors being made in relation to the administration of the child protection offenders registration scheme. The reforms in the bill will substantially reduce the risk of those types of errors in the future and will give the community confidence that reporting obligations for registrable offenders are being applied correctly and swiftly.

I now turn to the details of the bill. New section 2D sets out the offences that are registrable, separated as class 1 and class 2 offences. That is the same classification system used under the current Act. Class 1 offences are considered the most serious offences and therefore attract longer reporting periods under the regime. To improve clarity, the bill provides that class 1 and class 2 offences will now be listed in schedule 1A and 1B of the Act. Those schedules also detail the circumstances in which the offences attract registration. Importantly, additional New South Wales and Commonwealth offences that relate to the safety of children have been included in the new schedules.

For example, a New South Wales-based offence under section 45 of the Crimes Act 1900, which relates to genital mutilation of a female child, has been added to schedule 1A. A New South Wales-based offence under section 91HAA of the Crimes Act, which relates to administering a digital platform used to deal with child abuse material, has been added to schedule 1B. Offences that relate to recording and distributing intimate images of a child without consent under sections 91P, 91Q and 91R of the Crimes Act have also been included in schedule 1B as class 2 offences. However, these offences will only be registrable for convicted offenders under the age of 21 where the offender has previously been found guilty of one or more offences under sections 91P, 91Q and 91R of the Crimes Act in circumstances where the victim is or appears to be less than 16 years of age.

New Commonwealth offences that have been added to new schedule 1A include certain crimes against humanity under subdivision C of chapter 8 of the Criminal Code Act 1995, such as sexual slavery, enforced prostitution and enforced pregnancy where the victim is a child. Other Commonwealth offences, such as possessing or controlling child abuse material obtained or accessed using a carriage service, which is Commonwealth Criminal Code section 474.22A, and grooming a person to make it easier to engage in sexual activity with a child outside Australia, which is Commonwealth Criminal Code Section 272.15A, have been included in new schedule 1B.

New part 2A introduces a new requirement for judicial officers that sentence a person for a registrable offence to issue an order that states that a person is a registrable person and which specifies the reporting period applicable to that person. New section 3C achieves this by providing that a court that sentences an adult for a registrable offence must make a registrable person order unless no conviction order is imposed under section 10 of the Crimes (Sentencing Procedure) Act 1999. Proposed amendments to section 3A of the Act will ensure that a person who is subject to a registrable person order becomes a registrable person under the Act.

Under new section 3C (3), the registrable person order made by the sentencing court must specify a reporting period that is calculated in accordance with new section 3I. This carries across the current settings in the Act, which specifies that an adult registrable person can be subject to a reporting period of either eight years, 15 years or life, depending on the classification of the offences for which they are sentenced and their criminal history. In most circumstances, it is expected that the identification of registrable persons and their reporting period should be a simple task for sentencing courts.

However, in the event the legislative requirements imposed by new part 2A are misapplied, an amendment to section 43 of the Crimes (Sentencing Procedure) Act 1999 has been included in the bill, which will allow for the proceedings to be reopened to correct a registrable person order that is made contrary to law, such as by specifying an incorrect reporting period or failing to impose a registrable person order that is required by law. It is intended that the use that is made of this provision will be the same as how it applies to the correction of similar types of errors arising from time to time during criminal proceedings.

Those provisions respond to concerns that were identified during Operation Tusket arising from the NSW Police Force assuming responsibility for the task of identifying registrable offenders and their reporting periods. Under the bill, this function will be done by judicial officers in court at the time of sentencing. It is expected that prosecutors will assist courts to make registrable person orders during sentencing hearings in accordance with their ordinary duties to assist the court arising under both the Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 and the Legal Profession Uniform Conduct (Barristers) Rules 2015.

I emphasise that, with a couple of exceptions, which I will come to, this bill does not change the settings in the current Act that require mandatory registration and reporting obligations for adults convicted and sentenced for registrable offences. However, new section 2E provides for an expanded discretion for a court to treat two or more offences as a single offence for the purposes of the Act, including the calculation of reporting period—if the court is satisfied it is appropriate to do so. If a court is minded to treat two or more offences as a single offence, the calculation to be applied to determine a reporting period will still be that which is outlined under new section 3I. New section 2E states that matters that may be relevant to a court's decision to treat multiple offences as a single offence include: whether the offences are of the same kind, whether the offences were committed against the same person, or whether the offences were committed close in time to each other, along with any other matters prescribed in the regulations.

The bill also provides for more discretion for the courts in relation to registrable offences committed by children. Under new section 3C (1) (b), when a person under the age of 18 is sentenced for a registrable offence, a registrable person order will only be required if the court imposes a sentence other than a non‑conviction order, a registrable person order is requested by the prosecution and the court is satisfied the order is necessary because the person poses a risk to the lives or sexual safety of one or more children or of children generally. The updated approach in relation to persons under the age of 18 who commit registrable offences strikes the right balance between ensuring the most serious offenders can still be subject to registration requirements and alleviating the burdens of reporting for people under 18 who are unlikely to pose an ongoing risk to the lives or sexual safety of other children.

The bill also includes a range of procedural matters that will ensure registrable person orders are clear and commence as soon as registered persons enter the community. In particular, new section 3J provides that a court that makes a registrable person order or child protection registration order must, when the order is made, arrange for a copy of the order to be given to the registrable person and, as soon as practicable after the order is made, give a copy of the order to the Commissioner of Police and any supervising authority for the person. Additionally, new section 3J (2) provides that, when a court makes a registrable person order or a child protection registration order, the court must arrange for the person subject to the order to be given written notice of their reporting obligations and the consequences for failing to comply with those obligations.

It is intended that this should occur as soon as possible after the order is made, such as before the registrable person leaves court, to ensure that there is no delay between the time that a person is registered and when they are given notice. All reasonable steps must also be taken to verbally explain the reporting obligations and consequences of failing to comply to the registrable person in language they can understand. New section 3K provides that, if a registrable person has been given a copy of their order and written notice of their reporting obligations and the consequences for failing to comply in accordance with new section 3J, then they can be taken to know that they are a registrable person, the length of their reporting period and their reporting obligations.

New section 3CA clarifies that a registrable person order is not part of the sentence imposed for the registrable offence that gave rise to the order. Further, new section 3CA (2) states that, if an appeal is made against the conviction or sentence imposed for a registrable offence, the relevant registrable person order will not be stayed and continues in force. However, if an appeal against a conviction or sentence is successful, new section 3CA (3) enables an appellate court to revoke a registrable person order if it was not required to be made under the Act if the decision of the appeal court was the original decision at the sentencing. Similarly, appellate courts may amend a registrable person order or the reporting period specified in an order if a different reporting period would be required if the decision of the appeal court were the original decision of the sentencing court.

The bill also introduces new part 2B, which clarifies requirements in respect of "corresponding registrable persons". This term generally refers to persons who enter New South Wales while they are subject to a requirement in another jurisdiction to report to an equivalent register. The Act already requires corresponding registrable persons entering New South Wales to comply with New South Wales reporting requirements so that the NSW Police Force can respond appropriately to any risk than may present while they are in New South Wales. New section 3M of the bill creates a new requirement for corresponding registrable persons to report certain information to the Commissioner of Police within five days of their arrival in New South Wales and before they leave New South Wales.

This reduces the existing timeframe for corresponding registrable persons entering New South Wales to report personal information to the NSW Police Force by two days—that is, from seven days to five days—to better protect children in the New South Wales community. This requirement will not apply to persons who have given a full personal information report to the Commissioner of Police within the previous 12 months. New section 3M (2) sets out the information which must be reported by the corresponding registrable person before the end of the five-day period and before they leave New South Wales. This has been streamlined from the requirements in the current Act to allow the NSW Police Force to appropriately monitor risks posed by corresponding registrable persons and respond to any issues that may arise in New South Wales.

While there is ordinarily a defence available to registrable persons in proceedings for alleged failures to comply with reporting obligations had the person not received notice or was otherwise unaware of the person's reporting obligations, the bill proposes amendments to section 17 to provide that this does not apply in respect of the failure to comply with the requirement in new section 3M. This makes it clear that New South Wales police do not have to identify and notify a person who has entered New South Wales and inform them of their requirements to report within five days for this requirement to have effect. When this requirement commences, the NSW Police Force will advise other State and Territory police of this new requirement applying to corresponding registrable persons who enter New South Wales.

However, the expectation is that the onus will be on corresponding registrable persons to report the information required under the legislation when they arrive in New South Wales. This is a reasonable expectation to apply in respect of people who are already subject to reporting obligations in other jurisdictions and who enter New South Wales while these restrictions are still active. New section 3M (6) of the bill provides for the regulations to prescribe locations outside of New South Wales where residents who are corresponding registrable persons will only need to provide this new report if they are in New South Wales for a period of 24 hours or more. It is intended that the regulations will prescribe locations such as border towns where residents may have cause to enter New South Wales on a day-to-day basis.

New section 3N sets out requirements for the Commissioner of Police to cause written notice to be given to corresponding registrable persons that intend to stay in New South Wales for 14 days or longer. Under new section 3N (2), these persons must be given notice of their reporting obligations, including the length of their reporting period in New South Wales. New section 3N (5) is relevant to the calculation of the person's reporting period in New South Wales. This section provides that a person must comply with reporting obligations under the Act for the longest reporting period that they are subject under another jurisdiction, or the period that would apply to them if they had been sentenced in New South Wales, whichever is longer. This ensures that the periods of obligations applying to corresponding registrable persons who move to New South Wales permanently are accurate, and that people cannot evade or reduce requirements applying to them by moving between jurisdictions.

The bill also makes amendments to the reporting obligations that a registrable person must comply with. Consistent with the current reporting framework in the Act, new section 10 in the bill requires registrable persons to give the Commissioner of Police a personal information report each year during their reporting period. New section 10A requires registrable persons to report changes to their relevant personal information. New section 11 requires them to report certain kinds of contact with children to the Commissioner of Police within 24 hours. Most personal information that is required to be reported by the registrable person will be set out in new schedule 1C and aligns with existing requirements.

However, a few important additions have been made that reflect advice from police. This includes making it clear that registrable persons are required to report web-based services, platforms, apps and games that can be used to communicate with others online, reflecting the concerning reality that many persons who prey on children may use these services and online games to contact and groom victims. However, recognising that risks to children are much less when these services relate to government services—such as the Service NSW app—or online banking services, the bill provides that the use of these types of services does not need to be reported as a web‑based service used by the person, as well as any other services identified as low risk that are included in the regulations.

An updated definition of "relevant vehicle and other transport" in new section 2H of the bill will also ensure a range of motor vehicles, caravans, trailers, vessels and aircraft will need to be reported to the police. The bill also proposes amendments to require registrable persons to report changes in their personal information to police more promptly. New section 10A provides that most changes in relevant personal information must be reported within five days of the change occurring. This is a reduction from the current requirement to report these changes to police within seven days and an important enhancement to improve the timeliness of information to police.

When a registrable person has certain kinds of contact with a child, new section 10A (1) (a) (i) and section 11 make clear that this must be reported within 24 hours. This ensures that certain contact with children, such as supervising or caring for a child, visiting or staying at a household where a child is present, exchanging contact details with a child, befriending a child or attempting to establish further contact with a child is reported within 24 hours of that occurring. New sections 16C and 16D of the bill include enhancements to the powers afforded to police officers to ensure compliance amongst registrable persons with their reporting obligations.

Currently the Act provides for one annual inspection of a person's reported residential premises by a police officer. New section 16D (1) strengthens this power by providing that inspections can happen up to two times a year in respect of each residential premises identified or required to be identified by a registered person in a personal information report. New section 16D (2) of the bill provides that further inspections can be authorised by a senior police officer of the rank of superintendent or above if they have a reasonable suspicion that an offence has been committed under the Act and has not previously been dealt with.

New section 16C (2) also makes clear that the power of entry and inspection also authorises the entry into and inspection of relevant vehicles and other transport of the registrable person, and access to information held on or accessed by or from an electronic or other device at the premises or in the relevant vehicle or other transport. New section 16C (5) confirms it is a reporting obligation of a registrable person to cooperate with a police officer entering and inspecting their residential premises, including by giving the police officer information or assistance reasonably necessary for the officer to view or access data held in or accessible from an electronic or other device.

The bill also makes a range of miscellaneous procedural and administrative amendments that will enhance the operation of the scheme and ensure that its existing policy objectives are achieved. I will mention some of these briefly. New section 11G provides that a registrable person may apply to the Commissioner of Police for approval to travel outside Australia for the purposes of section 271A.1 (3) of the Commonwealth Criminal Code Act 1995. This section of the Commonwealth Act provides that it is not an offence for a person whose name is entered into a child protection offender register to travel outside of Australia if they have been granted permission by a competent authority.

New section 23 requires the administration of the Child Protection Register to be audited at least every two years. It is intended that this audit focus on the administration of the register by the Commissioner of Police, including matters relating to the identification of registrable persons, the application of notification requirements and the administration concerning their reporting periods. Further details concerning the conduct and publication of the audits will be set out in the regulations. New section 24 provides for administrative review, by the Civil and Administrative Tribunal, of certain decisions made by New South Wales police under the Act. New section 25 provides for a review of the amendments introduced by this bill to be conducted by the Minister responsible for the Act as soon as possible two years after the commencement of these reforms.

The savings, transitional and other provisions in schedule 2 provide important clarity to ensure that, when commenced, the provisions operate smoothly and fairly for registrable persons. First, it is intended that the proposed new requirement for courts to make a registrable person order when sentencing for registrable offences does not apply to persons who were sentenced before the commencement of the reforms. Second, the bill also creates a limited power for the Commissioner of Police to exempt current registrable persons from reporting obligations if they only have those obligations because of registrable offences that they committed as children. This recognises that there are current registrable persons that may not have been subject to reporting obligations if the approach proposed in the bill for child offenders was in place when they were sentenced. The bill proposes the details of how this mechanism will be set out in the regulations.

Finally, I note that the matters included in this bill are numerous and will require a range of implementation support and communication updates to ensure they can commence smoothly. This will involve a range of work by government agencies to support the new orders required to be made by the court system under these reforms. Accordingly, the bill is proposed to commence upon proclamation, to ensure that supporting arrangements are in place before the commencement.

It saddens me, as I am sure it does everybody in this place, that we live in a world where persons commit sexual and violent offences against children. I am thankful for the work of New South Wales police in responding to these hideous events when they occur, and for the work they do in administering the child protection offender registration scheme to monitor and reduce risks of further offending. This bill includes a range of important reforms that will enhance the effectiveness of the scheme in New South Wales. This scheme works alongside criminal offences for offences against children and other legislative regimes designed to reduce risks posed to children, and it is important that we get the settings right to ensure that we are vigilant in protecting children in this State. I commend the bill to the House.

Second Reading Debate

The Hon. SUSAN CARTER (16:44): I lead for the Opposition in debate on the Child Protection (Offenders Registration) Amendment Bill 2024. The Opposition is happy to support the bill. We recognise that the protection of children is one of the first duties not just of government, but of each person. Abuse is abhorrent and it is made worse by the fact that it is a betrayal of the duty we share and a betrayal of a child's trust and innocence. To the extent that the bill makes important changes to the Child Protection (Offenders Registration) Act 2000 to ensure that it remains fit for purpose and continues to protect children from serious harm, the Opposition is happy to support it. We note the emphasis in the bill on ensuring the early detection of offences by recidivist child sex offenders and the improved monitoring of registrable persons.

The principal Act requires convicted offenders to register with the NSW Police Force, to report certain personal information while they are in the community and also to report changes to that information. We rely on that system to work well to ensure the ongoing safety of our children. However, it is clear that issues have arisen. Indeed, the NSW Police Force was proactive in identifying and referring those issues to the Law Enforcement Corruption Commission to be addressed—initially in the report of Operation Tusket, and now in this legislation. We want to ensure that offenders in the community have the correct reporting requirements. We do not want any risk to community safety in that regard. It was apparent that there was confusion around responsibilities between police officers, judicial officers and convicted offenders. The bill addresses those issues. I thank those involved with Operation Tusket for the attention they gave to those matters.

The bill also makes it clear that registrable persons are required to report web-based services, platforms, apps and games that can be used to communicate with others online. That reflects the sad reality that many persons who prey on children use those services and online games to contact and groom victims. There is room in the Act as it presented to strengthen the current provisions. I understand that amendments to the bill have been foreshadowed, and I am happy to support them.

The bill makes a number of amendments to the procedure and administration of the Act. It marks clearer responsibilities between the police and the courts, and it also applies stricter reporting requirements to ensure any adult convicted of a registrable offence becomes a registered person and is required to report to the New South Wales police. The Opposition is happy to support all of those amendments. However, one important aspect relating to the bill should be highlighted. It is clear that judicial officers will take on more of the administrative duties and will be responsible for the application of many of the reforms outlined in the bill. The Opposition has no problem with that. It is entirely appropriate. However, the effectiveness of the reforms hinges not simply on what happens in the legislation, but also on the resourcing that is in place to ensure that those reforms are properly implemented.

That was a concern with some of the measures that have been introduced to date. It continues to be a concern in some respects. The efficient and effective operation of the justice system is as important to the maintenance of the rule of law as is a transparent and fair judicial process. That matter was raised by my colleague the member for Bathurst in the other place. I note that the police Minister has indicated that appropriate resourcing will be considered as part of implementation of the reforms, and the courts will be closely consulted as part of the process. That is a good first step, but it is not sufficient to simply consider appropriate resourcing. It must be provided, or else this legislation will simply be an ineffective announcement without any real results to protect the children of New South Wales. These changes must be budgeted for and must be included in any announcement for it to be meaningful. We take the Government's commitment in good faith, but we will be watching to ensure that it is delivered. This bill works to protect the children of New South Wales from harm, and as such, the Opposition is very happy to support it.

The Hon. JEREMY BUCKINGHAM (16:49): The Legalise Cannabis Party supports the Child Protection (Offenders Registration) Amendment Bill 2024, which seeks to amend the Child Protection (Offenders Registration) Act 2000. A 2019 review by the Law Enforcement Conduct Commission found that, since 2002, there had been more than 700 errors in police implementing the current register, and that reform was necessary. The Legalise Cannabis Party supports the amendments, which will tighten mandatory reporting obligations for offenders convicted of registrable offences relating to child abuse. Class 1 offences include child murder, female child genital mutilation, aggravated sexual assault of a child, sexual intercourse with a child under 10, sexual offences with a child with cognitive impairment, incest with a child less than age 18 years of age and crimes against humanity, including the rape of a child, war crimes and the sexual slavery of a child—the most egregious of all offences.

These predators have already harmed children very badly. They cannot be trusted, and their behaviour is often ongoing. They need to be monitored effectively to mitigate the opportunity for them to do it again. The community expects strong reporting obligations and inspection powers for police to protect children from registrable offenders. The amendments mean the judge, instead of the police, will decide how long the criminal needs to be tracked. Depending on the severity of the offences committed, an adult offender may be subject to the register for a period of eight years, 15 years or for life. Information held on the register is not public, and access to the register is limited to police officers who are responsible for monitoring registrable persons. There is a requirement under new section 3C (1) (b) that children who commit sexual crimes against other children will not be put on the register unless the sentencing court is satisfied that the registrable person order is necessary because the person poses a risk to the lives or sexual safety of children.

A registrable person currently has seven days to report to the police that they are crossing borders, changing addresses or buying a new vehicle. That will be reduced to five days, which is a measure that the Legalise Cannabis Party supports. Currently, police can enter and inspect the registrable person's residential premises once per year. That will increase to twice per year, and a senior police officer can approve more checks. The offender will also be required to provide their telephone number, internet usernames and online gaming handles. I will move an amendment in the Committee stage to stop people on the register playing computer games with children, which is a measure that will improve the bill. Technology is changing, so the devious behaviour of perpetrators accessing children through it needs to be thwarted. The effectiveness of this amendment will be considered in the statutory review, which I welcome and will be paying attention to. I commend the Minister and all those who worked on the bill. I commend the bill to the House.

Ms SUE HIGGINSON (16:53): The Greens support the Child Protection (Offenders Registration) Amendment Bill 2024. I note the significant work that was undertaken by the Law Enforcement Conduct Commission through Operation Tusket and reinforce the importance of the LECC as an oversight and integrity authority. It will come as no surprise to anyone in this place that I am a fan of the work of the LECC. I wish they had more resources and powers to do more good work and make good recommendations. Their proactive reports concern how we can improve police integrity, and also address really important matters like protecting children. The bill represents the final suite of reforms recommended five years ago that were not prioritised by the former Government before it lost power. As I understand it, the reforms were a priority for the Government following the election last year.

It is worth noting that the findings and recommendations of Operation Tusket discovered unlawful applications in the use and terms for some registrable people that has meant that an uneven application of the law and justice has occurred. There are still legal processes underway that could result in New South Wales continuing to be financially liable for those incorrect applications of the registrable persons powers. It is a really important power and it is more important to get it right. The errors in the application of the provisions were found to be quite regular and were attributed to the New South Wales police being made responsible for the conditions set for registrable persons, a circumstance that was not intended when the legislation was written. Making the conditions for registrable people a clear responsibility for the judiciary should correct that error.

The bill will also improve monitoring functions for registrable people to assist in better and earlier detection of recidivist child sex offences, and should ensure that fewer children and young people are at risk from offenders. It should be noted that The Greens have concerns about further powers for police to inspect electronic devices, in this case specifically during home visits. To be clear, we do not oppose the inspection of electronic devices that belong to registrable people. The inspection of electronic devices to ensure the protection of children and young people from child sex offenders is paramount. The legislation will explicitly give the power to police to require a registrable person to unlock and display an electronic device during a home inspection. The protection for other people that live at the same residence is that the powers of inspection do not extend to areas that are exclusively not used by the registrable person.

In practice, electronic devices in modern homes are not usually contained to exclusive areas, such as bedrooms or private offices. We see a risk that a non-registrable person could have their electronic device subjected to the requirement that it be unlocked and displayed without their consent or knowledge. That creates a risk that minor and non-child sex offences could be detected during a home inspection that involve a person that is not subject to the conditions applied to the registrable person that they might share a home with. We have particular concern about the likelihood of detecting minor drug offences or protest activity, or whatever, that might or might not be unlawful. This could lead to more frequent and unnecessary exposure of people to the criminal justice system for minor and non-violent crime. That is particularly true as New South Wales continues down the path of more draconian anti-protest laws and political intolerance for all sorts of non-violent civil disobedience.

Despite the concerns and considering the seriousness of child sex offences, The Greens will not be moving amendments to address that, but we put our view on the record. The risk matrix when protecting children and young people from sexual violence in all circumstances outweighs our other concerns on this occasion. I thank the Government for providing fulsome information through briefings and the opportunity to have various concerns addressed through that process. We sometimes exercise that invitation very intensively, and we are very grateful to be able to discuss and sight the line of the application of these laws from the back to the front of the law enforcement bodies in the State. The Greens support the bill.

The Hon. STEPHEN LAWRENCE (16:58): I make a brief contribution to the debate on the Child Protection (Offenders Registration) Amendment Bill 2024. It is an important bill that amends a really important piece of legislation to protect children and also places considerable obligations on people who are engaged by the Act. I focus on a particular part of the bill in my contribution, which is the enhanced role of the court in making orders that declare the application of the Act. That is particularly important. The bill undertakes a comprehensive revamp of the Act. It increases enforcement powers. In some respects, it makes the Act more stringent in both its application and the requirements it imposes on people on the register. It also extends the offences to which the register applies.

Importantly, it amends section 43 of the Crimes (Sentencing Procedure) Act. It brings that section into play to allow the reopening of orders made under the Act. That is quite important because there is no statutory appeal of those particular orders. At the moment, a person must go to the supervisory jurisdiction of the Supreme Court to challenge the application of the Act. People have done that in a number of cases, but it is obviously a complex, time-consuming and expensive way to do so.

Normally, statutory appeals are preferable and much easier for people to access justice. That is connected to the scheme of the Act at the moment, which is that the court does not make an order that the person is registered. Rather, the police administratively apply the Act to people. There have been instances where the police have done so incorrectly. The cases that I am aware of have generally turned on technical issues in the definition of the different offence categories that the Act operates upon. Some people have successfully challenged those decisions.

As I said, going to the Supreme Court poses real issues in terms of access to justice. To me, it seems very prudent to bring into play the power to reopen proceedings under the Crimes (Sentencing Procedure) Act, allowing people to use that route. It also changes some preconditions for making an order. Importantly, it provides the court with new discretion to not apply the provisions of the Act to a child in circumstances where they would previously have been applied.

Having practised myself in the criminal law for some time, I have known of and appeared in cases where courts have expressed concern about the application of the Act to children but had no discretion in terms of whether the Act would be applied. People would simply be told that it will be applied to them. It is one of an increasing number of pieces of legislation that apply collateral consequence to a conviction. It is an increasing facet of our law that people get convicted, or otherwise dealt with in criminal proceedings, and lots of other consequences flow, such as impacts on licences and security licences, being placed on registers, eligibility for Working with Children Check and so forth.

It has been quite an unsatisfactory aspect of numerous of regimes that people are not told at the time of sentence that those regimes will apply. I can specifically recall in my practice in the law a number of cases in which people came to me without having been told at the point of sentence that the Act would apply to them. They then got, in effect, a letter in the mail saying that the Act, or other Acts of a similar nature where collateral consequences are applied, would be applied to them. The law is a bit opaque on that aspect, so I particularly speak in support of the reforms of the bill to ensure that convicted child sex offenders who are required to register with police and report their information are promptly informed of their obligations by the court at the time they are sentenced for an offence to which the Act applies.

That is a good thing for the reasons I have spoken of, but also because the safety of children in our community is best served by the Act when persons subjected to reporting obligations are provided clear, accurate and definitive advice about their requirements to report as soon as possible after conviction for their offence. If there is uncertainty or delay in them receiving this advice, this could place children at risk if the offender is in the community without knowing that they have to report. Police and other agency resources may also be unnecessarily diverted to tasks connected to identifying and advising people of their reporting obligations, rather than focusing on monitoring and managing risks presented to children.

The bill addresses this clearly by setting out that judicial officers make orders about the person's status and their reporting period during sentencing hearings. This is an important change that will strengthen the Child Protection Register by invoking the expertise of judicial officers who are experienced in applying different statutory regimes to varying scenarios. This will minimise the risk of error in applying the legislative requirements, as well as ensuring that, when a person has been sentenced, there is clear advice provided concerning their obligations.

The bill will also improve the operation of the current Act in terms of notifying offenders of their reporting obligations. It is important to note that for adult offenders who commit a registrable offence, the bill does not change the settings in the current Act that require mandatory registration and reporting obligations for adults convicted and sentenced for registrable offences. It is different in respect of children, and earlier I spoke about the discretion that the Act creates. The bill does not change the time periods for which such offenders must report, with reporting periods to be applied to registrable persons, still, of eight years, 15 years or the rest of their life, depending on the number and timing of the offences to which the Act applies that they have committed in their life.

Other provisions in the bill ensure that the advice provided to persons receiving these orders by the court and subject to reporting periods include notices that clearly set out their obligations and the consequences of not complying. Such consequences can include offences of penalties of up to five years imprisonment for noncompliance with obligations without reasonable excuse. This reflects the seriousness with which the Government views the reporting obligations under this scheme and the risks presented to children by convicted child sex offenders living in the community who ignore their reporting obligations.

Given this seriousness, it is appropriate that the bill introduces requirements for sentencing courts to explain the registrable person order to the person that is subject to the order in language they can readily understand. To ensure this explanation is provided, the bill inserts a new ability for sentencing courts to require registrable persons to remain in court until their reporting obligations have been explained. This is intended to ensure the community can be confident that offenders leave court proceedings with a clear understanding of what is required of them and of the potential for further legal action if they do not comply with the legislation. Another benefit of involving court at the time of sentencing in the making of these orders is that it should also improve the accuracy and consistency of the regime in notifying registrable persons of their reporting obligations. As has been earlier referred to, this has been an issue historically in the New South Wales scheme. The Law Enforcement Conduct Commission in the recent Operation Tusket final report identified a number of errors in this respect.

The Government is confident that requiring judicial officers to make registration decisions will significantly enhance the application of the important registration and reporting requirements under the Child Protection Register legislation regime. Collectively, the measures in the bill will significantly improve the overall operation of the child protection registration scheme in New South Wales and will contribute to keeping our children safe from the risks that can be presented by offenders who have committed offences against children. I commend the bill to the House.

The Hon. AILEEN MacDONALD (17:08): I make a short contribution in support of the Child Protection (Offenders Registration) Amendment Bill 2024. The bill will strengthen the ability of the NSW Police Force to protect children and young people. As the shadow Minister for Youth Justice, I will always put the protection of our young people first. Child abuse, whether physical, emotional or sexual, is a grievous violation of trust and innocence, with lifelong impacts on victims. The trauma inflicted on children often results in lasting psychological, emotional and physical damage, resulting in anxiety, depression and difficulties in forming healthy relationships.

I take this opportunity to thank New South Wales police officers for their tireless work in targeting and monitoring child sex offenders. It is a confronting and challenging job but essential for the safety of our children. The bill not only addresses critical administrative processes and clarifies the responsibilities of police and the courts but also applies stricter reporting requirements to ensure that registrable individuals are appropriately managed. It is a step in the right direction to further protect our children.

I support the bill because whatever we can do to make the job of police and the courts easier can only be a good thing. I think we all agree that is a step in the right direction. However, I urge the Minister to ensure that the courts, particularly in regional and rural communities, are resourced to implement the reforms effectively. If additional resources are needed, they should be made available promptly to ensure the success of the reforms. Child abuse of any form is an insidious crime and needs to be eradicated. This reform will enhance security for children, reduce the risk of reoffending and provide greater certainty for victims. The Coalition supports the bill.

The Hon. TARA MORIARTY (Minister for Agriculture, Minister for Regional New South Wales, and Minister for Western New South Wales) (17:10): In reply: I thank all members for their contributions to the debate—the Hon. Susan Carter, the Hon. Jeremy Buckingham, Ms Sue Higginson, the Hon. Stephen Lawrence and the Hon. Aileen MacDonald. The Child Protection (Offenders Registration) Amendment Bill 2024 is an important bill that makes significant amendments to the Child Protection (Offenders Registration) Act 2000 to ensure that it remains fit for purpose in meeting its statutory objectives of protecting children from serious harm, ensuring the early detection of offences by recidivist child sex offenders, monitoring registrable persons and ensuring that registerable persons comply with their obligations under the Act. The reforms in the bill will also substantially reduce the risk of errors in the administration of the register and give the community confidence that reporting obligations for registrable offenders are being applied correctly and swiftly.

I make the following comments in response to matters raised during the debate. In regard to the comments made by Ms Sue Higginson concerning the exercise of residential premises inspections by the NSW Police Force, the bill makes it clear that the inspection process is to be exercised for the purpose of verifying relevant personal information reported by the registerable person or to determine whether the registrable person is complying with the purpose of the Act. This inspection power is focused on registrable persons and not third parties, such as any persons living in the same premises. I am advised that police conduct those inspections in a manner cognisant of situations where other persons are present at a residence at the time of inspection, including persons who may not be aware that the person is a registrable person.

If police identify evidence suggesting other offending in the course of an inspection, it is appropriate that they consider the use of powers provided for under the Act or other legislation to appropriately respond to that suspected offending. For example, if police identify child sex abuse material or evidence of other offences involving children, it is appropriate that they consider any available legislative powers to progress any further investigations that may be required. In relation to the comments from the Hon. Susan Carter on implementation in the courts, I refer to the contribution of the Minister for Police and Counter-terrorism on this issue in the other place. In relation to the comments from the Hon. Jeremy Buckingham, we thank him for his support of the bill and note that he has proposed amendments that will be considered shortly in Committee.

The child protection offenders registration scheme in New South Wales is a critical component of the State's response to the risks associated with offenders who have offended against children while they are in the community. The bill will significantly strengthen the current regime to ensure that our children are better protected from further harms posed by persons convicted of serious sexual and violent offences against children. This Government fully supports the important work that the police do to monitor compliance of registrable persons with their obligations under the Act and to take action in the event of a breach. I acknowledge the work of the Minister for Police and Counter-terrorism and her team in bringing the bill to fruition. I commend the bill to the House.

The PRESIDENT: The question is that this bill be now read a second time.

Motion agreed to.

In Committee

The CHAIR (The Hon. Rod Roberts): There being no objection, the Committee will deal with the bill as a whole.

The Hon. JEREMY BUCKINGHAM (17:16): I move Legalise Cannabis Party amendment No. 1 on sheet c2024-153C:

No. 1Registrable persons prohibited from online gaming

Page 20, Schedule 1. Insert after line 23—

[55A]Section 19J

Insert before section 20—

19JRegistrable persons must not engage in online gaming

A registrable person must not, during the person's reporting period, use a digital platform or web-based service for the purposes of playing games if the platform or service allows for online communication with a child.

Maximum penalty—500 penalty units or imprisonment for 5 years, or both.

From the outset, I thank the Government and the various parties that have suggested that they will support the amendment. I thank the Minister's staff and the police who collaborated on bringing it to the House in this form. I also thank my staff, Louise and Peter, for engaging on the issue, which is a difficult thing to research and address, but it is an important amendment to an important bill. The amendment deals with the capacity of registrable persons to participate in online gaming with children. New section 5 (f) of the bill mentions some of the matters that registrable persons must report such as "web-based services that allow for online communication, including accounts, user names and online gaming handles", and then there are some exclusions. In reading the legislation, it concerned me that allowing registrable persons to participate in some online games was a serious risk. We have heard again and again that some online spaces are not safe.

I provide some background. Roblox, a very popular online game, allows users to create and play games together, with no way to know if a player is an adult or a child. Users have a username and handle that does not indicate whether or not they are an adult or a child. The Roblox Corporation admits that some explicit content slips through the net and explained that it's a "cat-and-mouse issue". Roblox is one of the most concerning games. Roblox players can build games on the platform using the developer tools that the platform provides. They are commonly referred to on the platform as a "condo". They are places where people can talk about sex and where their avatars can have virtual sex. Part of the Roblox game includes instant messaging, where users can talk to each other. In an investigation in February this year entitled "Roblox: The children's game with a sex problem", theBBC noted that much of what is written on the chats in Condos is unprintable on a grown-ups' news website, let alone in a children's game.

Predators exploit multiple platforms such as X—formerly Twitter—and Discord, often making it harder for parents and police to monitor. The long-term impacts on children in spaces like Roblox are equally concerning, as the anonymity and disinhibition associated with Roblox and other games like it lead to harmful behaviour by adults that can deeply affect minors and children. After building trust on gaming platforms, predators often move conversations to other, less monitored platforms like Discord, Telegram or Snapchat to avoid detection. Let us be clear: Our current laws are lagging behind the dangers that our children face online. The Child Protection (Offenders Registration) Amendment Bill is a step in the right direction but, in this area, it does not go far enough. As of December 2023, gaming corporation Roblox reported that 21 per cent of Roblox users worldwide were aged from nine to 12 years. Additionally, 21 per cent of Roblox game users were under the age of nine years. Even Roblox accepts there is a problem, stating, "We know there is an extremely small subset of users who deliberately try to break the rules."

That is why I am putting forward an amendment that cuts right to the heart of the issue. No registered offender, during the person's reporting period, should ever be allowed to use a digital platform to prey on children or even communicate with children. My amendment will make it crystal clear: If you are a registered offender, you are not getting near kids online through gaming platforms or messaging services, full stop. The penalty is tough, with up to five years in prison or a hefty fine. So it should be. We cannot afford to be soft on those who have abused children and abused the digital age to exploit the most vulnerable among us. This amendment ensures that we have the teeth to enforce real protection. It is time we step up, get serious and lock the door on predators trying to access our children's virtual worlds. I commend the amendment to the House.

The Hon. TARA MORIARTY (Minister for Agriculture, Minister for Regional New South Wales, and Minister for Western New South Wales) (17:21): The Government supports the amendment proposed by the Hon. Jeremy Buckingham. We thank him for making this important contribution to the debate and for his collaborative engagement in discussing the content of the proposed amendment and its intended application. I also thank him for his engagement with the Government in developing the amendment to ensure that the proposed offence integrates with the Child Protection (Offenders Registration) Act as amended by the present bill. As pointed out by the Hon. Jeremy Buckingham, it is a sad and regrettable modern reality that some predators will engage with children online, and this amendment will contribute to the scheme that is being enhanced by the Government's bill. As a whole, the bill will strengthen the New South Wales child protection offenders registration regime and help it to meet its object of protecting children from serious harm.

The Hon. SUSAN CARTER (17:23): I indicate that the Opposition is very happy to accept this amendment and thanks the honourable member for bringing it to the House. I think every parent is well aware of the enormous attraction of online games, the way they are used as an almost constant communication channel by our children, and the frightening near impossibility of knowing with any certainty who your children are communicating with. Anything that we can do to make the online space safe for our children to grow, learn, explore and not be subject to predation is a very good thing, and this is a very important step in that regard.

Ms SUE HIGGINSON (17:23): The Greens also support this amendment, and I thank the member because there were a couple of changes from the amendment's first version to the current version, and those changes have made it supportable. I have not had any personal use or lived knowledge and experience of using these games, but I am familiar with young people and not so young people who access them. It is important to do whatever we can to try to make these platforms as low risk as possible. The bill has landed in a reasonable position to do that.

The CHAIR (The Hon. Rod Roberts): The Hon. Jeremy Buckingham has moved Legalise Cannabis Party amendment No. 1 on sheet on c2024-153C. The question is that the amendment be agreed to.

Amendment agreed to.

The CHAIR (The Hon. Rod Roberts): The question now is that the bill as amended be agreed to.

Motion agreed to.

The Hon. TARA MORIARTY: I move:

That the Chair do no leave the chair and report the bill to the House with amendment.

Motion agreed to.

Adoption of Report

The Hon. TARA MORIARTY: I move:

That the report be adopted.

Motion agreed to.

Third Reading

The Hon. TARA MORIARTY: I move:

That this bill be now read a third time.

Motion agreed to.