Criminal Law Consolidation (Child Sexual Abuse) Amendment Bill – Second Reading speech

Thursday 1 June 2023 

S.E. ANDREWS (Gibson) (11:53): I rise to indicate my support for a straightforward but such important change to the Criminal Law Consolidation Act 1935. I would like to acknowledge Grace Tame in the gallery today and thank you for your strength and to acknowledge that, in your presence here today and in listening to our words, I hope you feel a sense of pride for all that you are achieving, but I also acknowledge how difficult it must be to sit here. 

Sex with a child is not only unlawful, it is abuse, child sexual abuse, and we must give it that name. Language matters. It is never a relationship; it is an abuse of power. It reminds me of domestic violence headlines that still exist today: 'Fun-loving dad kills his wife', 'Good-hearted man murders his children'. They are not good-hearted men, they are not fun-loving men: they are murderers. The impact of child sexual abuse is immeasurable and most often something that the victim will keep secret for many years due to the violation and shame that come as a result of the abuse. 

I note that in March, our Attorney-General Kyam Maher MLC met with former Australian of the Year and sexual abuse survivor, Grace Tame, to discuss her foundation's Harmony Campaign, which calls on jurisdictions to harmonise laws that pertain to sexual assault. Grace Tame has made it clear to us all that the word 'relationship' implies mutual responsibility, consent and entirely diminishes the gravity of the offence. A child who is sexually assaulted is never able to provide consent. 

One of the areas in which harmonisation is sought by the campaign is in the language used to describe child sexual offences. In South Australia, section 50 of the Criminal Law Consolidation Act 1935 provides: 'An adult who maintains an unlawful sexual relationship with a child is guilty of an offence.' The maximum penalty for this offence is imprisonment for life. 

In Western Australia, New South Wales, Victoria and Tasmania, the relevant child sexual offences have headings that use the term 'Persistent sexual abuse of a child'. In South Australia, Queensland, the ACT and Northern Territory, the headings for the relevant offences refer or referred to a 'relationship with a child'. Queensland and the ACT have recently changed these headings of their offences, and the Northern Territory has recently introduced a bill that would change the heading of the relevant offence. 

The bill does not change the elements of the offence, and maintaining an unlawful sexual relationship will still be an element of the offence as recommended by the Royal Commission into Institutional Responses to Child Sexual Abuse. However, the offence will be renamed to more appropriately and properly reflect the lack of consent, and reinforce the absolute gravity of the offence. 

A broader review of sexual consent and abuse laws, that includes other issues raised by the Grace Tame Foundation's Harmony Campaign, is currently being undertaken by South Australian and federal governments. This includes a singular age of consent, its relevant provisions and punishments being agreed upon and adopted by all states and territories, a singular definition of the physical act of sexual intercourse being agreed upon by all states and territories, and the development and implementation of uniform grooming legislation. 

I would like to thank the member for King for her words, acknowledging high school experiences. I wish I, too, had the words. I give my strength and respect to all those who speak out, and my heart to all those who cannot. 

I would like to acknowledge Grace Tame for her work and advocacy, and thank every child sexual abuse survivor who has had the courage to speak out. For those who find themselves unable to speak, your voice is valued. You are heard. In fact, I am reading your book right now and I have learnt so much, and I thank you. In fact, when I read it I devour it, and then I put it down for a few days. It takes some reflection and some time to take in. I would like you to know that with your tireless advocacy you are making a world of difference to so many. Please know that every time someone criticises you, I make a donation to the Grace Tame Foundation. I commend this bill to the house.