Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 2001 Week 9 Hansard (22 August) . . Page.. 3128 ..

MR STEFANIAK (continuing):

sending electronic messages about a person to anyone else, or making such messages available to anyone else, would also constitute stalking.

It will create a new offence of using electronic means to suggest to a young person that he or she commit or take part in, or watch someone else commit or take part in, an act of a sexual nature. Finally, it will create a new offence of using electronic means to send or make available pornographic material to a young person.

The issue of child predators-that is, adults who stalk children over the Internet-is an issue that I know Mr Osborne takes very seriously, and I think everyone in this Assembly would. He was recently involved in the publication of a brochure on the issue that went out to households in the ACT. I have seen the brochure and I commend him on it. It contains good practical advice for parents. The government shares Mr Osborne's concern regarding the issue.

Despite its many benefits, the Internet can facilitate or even encourage inappropriate and offensive behaviour due to the anonymity that it provides users. This is of understandable concern to parents, especially when their children may often be better at using the Internet than they themselves are.

The government, like the Labor Party, is prepared to support this bill in principle. There are a number of problems as it is currently constituted which I hope we will be able to sort out so that it becomes effective, good law.

Last year the Assembly passed laws to amend section 34A. The laws governing stalking are still far from clear cut. Stalking is an offence that is unique in that it can criminalise ordinary everyday behaviour. So any new amendments to stalking laws need to be carefully considered.

There are a number of issues I could raise. For example, it would be necessary to look at whether it is justifiable to differentiate messages sent by electronic means from messages sent by other means. This will be the effect of the proposed new paragraphs 34A (2) (fa) and (fb). I am also advised that sending electronic messages to a person being stalked is covered by the words "or otherwise contacts" in the current section 34A (2) (f).

Mr Wood alluded to the fact that the bill provides that it is not a defence to a prosecution for an offence against the section that the defendant did not know that the person to whom the suggestion was made was a young person. That would be inconsistent with other sexual offences concerning young people in the Crimes Act, such as the provisions dealing with sexual intercourse and acts of indecency with a young person, and could therefore constitute a significant policy shift. I think Ms Tucker's amendment may deal with that.

There are some other potential problems we need to address, especially in proposed new section 92NC (2). There are some issues with that. Chief amongst them, my department advises, is that the Assembly does not appear to have the power to make such a law by reason of the Australian Capital Territory (Self-Government) Act. That would need to be looked at carefully to see how we could ensure that what finally would pass through this Assembly is good, effective law and serves the purpose without having any other adverse effects.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .