Major reforms to the law dealing with sexual and other offences against children were detailed in Parliament last night by Attorney General Joe Berinson.
Mr Berinson said that the Acts Amendment (Evidence of Children and Others) Bill would allow children and other vulnerable witnesses to give evidence without physically appearing in court.
In addition, the Acts Amendment (Sexual Offences) Bill, dealing with sexual offences against children, would ensure prosecutions against incest offenders, paedophiles, and other sex offenders were more likely to succeed.
Mr Berinson said he had proceeded quickly with the legislation after receiving the report of the Legislative Committee of the Legislative Council. This gave full support to the Bill.
"This legislative package will minimise the trauma for child victims and witnesses and strengthen the response of the courts to crimes against children," Mr Berinson said.
The Acts Amendment (Evidence of Children and Others) Bill allows the use of closed-circuit television, the video taping of children's statements and pre-trial hearings.
"The introduction of closed circuit television will allow a child to give evidence from a place outside the often overwhelming confines of a courtroom," Mr Berinson said.
"The Bill also contains new provisions relating to the competency of young children to give sworn or unsworn evidence in judicial proceedings."
Mr Berinson said the legislation would also prevent unrepresented defendants directly cross-examining children under 16. Instead, their questions would be put to the child by an approved person.
The second part of the reform package, The Acts Amendment (Sexual Offences) Bill, would allow prosecutions to proceed even if precise times and dates of offences were unknown. The existing requirement that prosecution for unlawful carnal knowledge of a child under 16 must commence within six months of the offence would also be removed.
Other major reforms include:
· creation of a new offence for sexual acts committed against a child under 13, with specific recognition that such a child is incapable of giving consent;
· increased penalties from the existing five years imprisonment to 10 years for sexual penetration of a child aged 16 or 17 by a guardian, and 20 years when the offence relates to a child under 16;
· creation of a new offence covering the situation where a victim is forced to do indecent acts to him or herself, with penalties equated to those for sexual penetration;
· introduction of a new offence of showing offensive material to children under 16.
"We need to send a very strong message to these offenders that they will be dealt with severely and this legislation does that," Mr Berinson said.
