Madeleine Ogilvie backs Government to pass mandatory sentencing bill

One vote has signalled a significant and far-reaching shift of power in State Parliament.

Speaker Sue Hickey listens as Labor leader Rebecca White speaks during Question Time. Picture: RICHARD JUPE

LEGISLATION to impose mandatory sentencing on child sex offenders has passed the Lower House after independent Madeleine Ogilvie sided with the Government.

The former Labor member told Parliament she was personally and professionally against mandatory sentencing but had consulted widely and would be supporting the Bill because she believed that was what Tasmanians wanted.

Speaker Sue Hickey crossed the floor to vote with the Opposition parties against the Bill.

The vote, tied at 12-all was resolved by the casting vote of the Deputy Speaker Jacquie Petrusma.

Amid repeated interjections, Ms Ogilvie said she was in favour of stable government and would put her trust in the Upper House to deal properly with the legislation.

“Crimes against children are amongst the worst of the worst,” she said.

“We are dealing with children, we are dealing with victims, and if it was my kids I would want everything done.”

Independent MP Madeleine Ogilvie voted with the Government on the mandatory sentencing legislation. Picture: ZAK SIMMONDS

Her decision represents a major victory for the Government, which had at times struggled to prevail on the floor of the house before the departure of Labor MP Scott Bacon saw Ms Ogilvie elected on a recount.

Speaker Sue Hickey vacated the Speaker’s chair during Ms Ogilvie’s speech and was briefly replaced by Lyons MP John Tucker.

The Bill imposes mandatory minimum jail sentences for sexual assaults on children and for assaults of frontline workers, including correctional officers, ambulance officers, nurses, midwives, medical orderlies, hospital attendants and child safety officers.

Attorney-General Elise Archer said sexual offences against children were heinous.

“Offenders of sexual violence against children deserve significant sentences of imprisonment in recognition of the appalling, and in many cases, lifelong effects of their criminal conduct on their child victims,” she said.

“Sentencing laws must, as far as they can, serve to denounce violence and provide protection for frontline workers who are routinely placed in dangerous and potentially violent situations.”

Labor’s Ella Haddad said child sexual abuse was abhorrent and should be dealt with harshly by the courts.

But the Government’s approach undermined the independence of the judiciary and had been rejected several times by the parliament, she said.

“Labor doesn’t support mandatory sentencing no matter what the crime it is applied to … it is a fundamental rejection of the sentencing method itself,” she said.

“Labor’s position has remained unchanged – mandatory sentencing does not work.”

She said the Sentencing Advisory Council had recommended against mandatory sentencing because it did not reduce crime and meant offenders were less likely to plead guilty.

“It’s not about the evidence for the government – if it were, the comprehensive evidence I have listed should be listened to,” Ms Haddad said.

Greens justice spokeswoman Rosalie Woodruff said the legislation was “a despicable waste of Parliament’s time” and an attempt to deflect from the Government’s overall poor performance.

“This is an old tactic of governments that are on the nose, under attack and on the defensive,” she said.

“The provide false solutions like mandatory sentencing as though it would make a difference.

“Why does the Government seek advice from the Law Reform Institute and then disregard it?”