Children’s Commissioner tells MLCs mandatory sentencing for child sex offenders won’t keep kids safe

THE State Government says it will go to the election seeking a fresh mandate for minimum prison terms for child sex crimes, after suffering a defeat in the Upper House.

Acting Attorney-General Matthew Groom said the Government would take the policy to the people at the next election. Picture: SAM ROSEWARNE

THE State Government says it will go to the election seeking a fresh mandate for minimum prison terms for child sex crimes, after suffering a defeat in the Upper House.

The Liberals’ latest tough-on-crime legislation set down mandatory minimum penalties ranging from two to four years’ imprisonment for serious child sex crimes.

However, the defeat of the Bill 6-6 in the Legislative Council came after Children’s Commissioner Mark Morrissey told MLCs he did not believe mandatory sentencing would make children safer.

Children’s Commissioner Mark Morrissey. Picture: MATT THOMPSON

In a briefing prior to the debate, Mr Morrissey said his main concern was the potential for more child sex abuse victims having to face court as pleas of not guilty increased under the mandatory sentencing regime.

“I’m certainly not convinced that by introducing mandatory minimum sentences we are promoting and protecting the rights and wellbeing of children who are victims of serious sexual abuse,” he said.

“My concern is ... that you will retraumatize children that have already been through an absolutely awful event by potentially putting them through a court process.”

Mr Morrissey said he was basing his decision on the advice of bodies such as Tasmania’s Law Society and Sentencing Advisory Council.

The Sexual Assault Support Service and victims group Beyond Abuse supported the government’s position.

Labor was joined by four independents in voting against the Bill, citing a lack of evidence the laws would protect children or deter offenders.

Acting Attorney-General Matthew Groom said the Government would take the policy to the people at the election.

“This legislation has strong support from both the Tasmanian community and the victims themselves and Labor had no excuse to block it after we took it to the people at the 2013 Pembroke election and the 2014 election, and received a strong mandate each time.”

Labor MLC Josh Willie.

The Liberals had been preparing for a defeat on the Bill all week by blaming Labor for not supporting mandatory sentencing. The Liberal Party shared another image on social media of a child with the words “Labor has failed our kids — share your outrage”.

Labor MLC Josh Willie said the tactics were “disgusting and wrong”.

“Not one member of Tasmania’s parliament does not support harsh penalties for child sex offenders. It’s an abhorrent crime,” he said.

“Labor and independent MLCs voted against the legislation based on evidence. The Government’s reaction is gutter politics of the worst kind.”