Rev Nile Commends Government On Children Protection Measures But Urges Further Action

Christian Democratic Party
Media Release: December 7, 2007

Rev Fred Nile, Leader of the Christian Democratic Party, has commended the NSW Government for introducing measures that will help protect children from sexual predators but has urge the Government to consider further measures that have been successfully adopted overseas.

Rev Nile made the following address to these ends in the NSW Legislative Council recently;

"The Christian Democratic Party supports the Child Protection (Offenders Registration) Amendment Bill 2007, which amends the Child Protection (Offenders Registration) Act 2000, the Crimes (Forensic Procedures) Act 2000 and the Freedom of Information Act 1989. It contains a number of provisions. It provides that the offence of sexual assault by forced self-manipulation committed against a child is a registrable offence under the principal Act. It also makes further provision with respect to classification as a registrable person or a corresponding registrable person under the principal Act. I refer particularly to the increase in the maximum penalties for failing to comply with reporting obligations and for providing false or misleading information when reporting. It is most important to keep track of sex offenders, particularly those who have been convicted of child abuse. The bill also authorises the conduct of certain forensic procedures on registrable persons.

Schedule 1 [28] requires a registrable person to seek the approval of the Commissioner of Police before making an application to change his or her name under the Births, Deaths and Marriages Registration Act 1995 or a similar Act of another State or Territory. This is an important provision. The proposed amendments are closely modelled on the proposed amendments to the Sex Offenders Registration Act 2004 of Victoria. The Commissioner of Police will be able to approve a change of name only if satisfied that the change of name is necessary or reasonable. The commissioner must not give approval when the change is reasonably likely to be regarded as offensive by a victim of crime or an appreciable section of the community or is reasonably likely to frustrate the administration of justice in respect of the registrable person.

I have mentioned in Parliament on previous occasions child sex offenders who have deliberately changed their names in order to conceal their identity. They have even been employed to work with children because their new employer had no way of knowing of their previous child abuse convictions. So this provision is vital. However, I have difficulty understanding some of the bill's provisions. For example, schedule 1 [31] makes it an offence—carrying a maximum penalty of 100 penalty units or two years imprisonment—for a person to disclose information about a registrable person except in specified circumstances. People have made it clear that they want to know when a convicted child sex offender is living near them, particularly in areas where there are many families with children. Under the law they do not have access to this information. Some States in America have changed their laws to make that information available to people who seek it. But this bill seems to reinforce secrecy and the non-disclosure of that information. I believe the Government should review this issue in the future and perhaps introduce an amending bill.

Finally, like other legislation, the bill enhances the ability of police to conduct further forensic procedures. The bill authorises police to carry out an other-administered buccal swab, which is an intimate forensic procedure. They are also authorised to carry out a self-administered buccal swab and to take a sample of hair other than pubic hair. These are non-intimate forensic procedures. This will help police to identify offenders and keep track of them, as there is a strong possibility they will re-offend. The police need to be able to gather DNA samples and other material to identify repeat offenders and arrest them quickly. The Christian Democratic Party supports the bill".