Controversy over random searches proposed for convicted sex offenders
Monday 23 September 2013 @ 11.59 a.m. | Crime
The Child Protection Legislation Amendment (Offenders Registration and Prohibition Orders) Bill 2013, introduced in the lower house of NSW Parliament last week, gives police the power to inspect the homes and computers of known sex offenders without warning once every 12 months and will require that offenders inform police of their electronic passwords and login information. The Bill includes strict consequences for non-compliance including a maximum of five years in jail or a $55,000.
In his introductory remarks, NSW Attorney-General Greg Smith said the new provisions were for the community’s protection. "Sadly, paedophiles have lifetime careers attacking children," he said. ''This is a reasonable and balanced amendment, which should make any registered sex offender think twice about not complying with their reporting obligations.''
Under the proposed changes to the Child Protection Act, restrictions on where a registered sex offender can work will also be changed. The bill will prohibit known sex offenders from working in vocational training, or as a volunteer or self-employed contractor where they may come in contact with children.
According to Nikki Davis, a victim support worker who was also a victim of child abuse, the new legislation does not extend far enough to protect children from the “ninety-nine per cent of child sex offenders” who have never had a conviction and have been in jail. “It's a very small win," she said.
Nevertheless, controversy has broken out over the Bill because the power can be exercised without a warrant. The New South Wales Council for Civil Liberties has expressed alarm at the new laws, with a spokesperson pointing out that this is the second time in just over a week where the government has introduced a proposal to allow police to “randomly search people who happen to be on registers without a warrant." Last week the Premier proposed new laws to give police greater powers to search people for guns without a warrant.
Dr Cathy Kezelman, president of advocacy group Adults Surviving Child Abuse, weighed in on the debate, commenting that managing sex offenders in the community was significant as the impact of child sexual abuse became more widely recognised.
''It is crucial that anyone registered as a sex offender is prohibited from working in a broader range of roles that may expose them to children. The proposed additional amendments, including random inspections of a sex offender's home and computers, should they be passed, will provide some information regarding online predatory behaviour and other activity. However they do not detract from the need for sentencing to be commensurate with the impacts of the crime, additional monitoring considerations and offender programs.''
NSW Police Minister spokesperson Michael Gallacher said the penalty of $55,000 or
five years in prison would be kept for the worst offenders.
''This would be for a multiple non-compliance, high-risk offender, someone who was
more of a risk to the community,'' the spokesperson said.
It is anticipated that the Bill will pass when the NSW Parliament sits in October.
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