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CRIME

Bill to further protect children passes first reading

Simon Power

Wednesday 11 May 2011, 8:53AM

By Simon Power

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A bill which strengthens the Crimes Act to protect children from violence, sexual offending, and neglect passed its first reading in Parliament last night with wide support.

“The Crimes Amendment Bill (No2) recognises that children are among the most vulnerable members of society and deserve special protection,” Justice Minister Simon Power said.

“The bill creates a new offence, with a maximum penalty of 10 years’ imprisonment, for failing to protect a child or vulnerable adult from serious harm by a member of the same household as the victim.

“The offence applies to people who do not live in that household but are so closely connected with it that it is reasonable to regard them as a member of it, as well as staff members of a hospital, institution, or residence where the victim lives.

“The offence recognises that it’s not just parents and caregivers who have responsibility for protecting our children and other vulnerable members of our community.”

The bill also doubles the maximum penalty for neglect or ill-treatment of a child or vulnerable adult from 5 years to 10 years’ imprisonment, and extends a legal duty on parents and caregivers to take reasonable steps to protect a child or vulnerable adult from injury. Breach of that duty also carries a maximum penalty of 10 years’ imprisonment.

“This bill has been carefully crafted to balance personal responsibility and criminal liability, and I look forward to reading the submissions to the select committee to ensure the balance is right,” Mr Power said.

The bill also:

Allows the prosecution of people caught in covert police operations against sexual grooming.
Increases the maximum penalty for possession of an offensive weapon from two to three years' imprisonment in response to concerns about knife crime.
Amends the definition of the claim of right defence so the defence is available only in circumstances where the defendant believed they have a personal right to the property concerned.
The bill has been referred to the Social Services Select Committee for public submissions.

The Cabinet paper and a table of penalty levels can be viewed here.