Sex crime crackdown proposes jail over ‘failing to protect children’

EXCLUSIVE: Teachers or sports coaches could be jailed for failing to protect kids from sex predators under proposed laws.

All people working with children would be required to take “reasonable steps’’ to protect them from known sexual predators.

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TEACHERS, childcare workers and even volunteer sports coaches could be jailed for failing to protect children from sexual abuse, under proposed tougher child protection laws.

The royal commission into child sexual abuse wants the state government to prosecute anyone working with children who “fails to protect’’ them from abuse at the hands of colleagues.

The NSW Justice Department yesterday outlined the plan, which could lead to teachers — or even volunteers on tuckshop duty — jailed for five years for failing to protect children from abuse in a school.

All people working with children would be required to take “reasonable steps’’ to protect them from known sexual predators.

State Attorney-General Mark Speakman.

“A duty to protect … is aimed at preventing child sexual abuse,’’ the Justice Department says in a new discussion paper.

“This is different to the offence of failing to report, where the sexual harm to the child has already occurred. In some situations, reporting suspicions to police will not be enough.

“The royal commission determined that a person should be criminally liable if they negligently fail to take other available steps to reduce the risk to the child.’’

Victoria recently made “failure to protect’’ a crime in “organisations that exercise care, supervision or authority over children’’.

The law covers churches, schools, hospitals, government departments, sporting groups, youth organisations and charities.

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In Victoria, workers and volunteers can be prosecuted if they “negligently fail to reduce or remove the risk’’ to children.

The proposal would be wider ranging and take a much tougher stance than NSW’s current mandatory reporting laws that require health, education and welfare workers to report suspected child abuse to the Department of Family and Community Services, but do not impose criminal penalties for failing to protect children.

State Attorney-General Mark Speakman yesterday called for public feedback on the best way to “hold sex predators to account’’.

The Justice Department paper also states there is a “strong argument’’ to shield teenagers from prosecution over consensual “sexting’’.