Submissions to the Statutory review of sentencing for Commonwealth child sex offences

Overview

The Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Act 2020 (Cth) (SCAC Act) was enacted in June 2020. It amended the Crimes Act 1914 (Cth) and the Criminal Code 1994 (Cth) to introduce mandatory minimum sentences for the most serious Commonwealth child sex offences and repeat offenders.

Schedule 15 of the SCAC Act required a review to be undertaken of the first 3 years (23 June 2020 to 22 June 2023) of the operation of these amendments by June 2024.

The Attorney-General appointed Sarah Chidgey PSM, Deputy Secretary of the National Security and Criminal Justice Group in the Attorney-General’s Department to undertake the review.

The review’s terms of reference required Ms Chidgey to consider:

1. Sentencing outcomes for Commonwealth child sex offences in the 3-year period from 23 June 2020 to 22 June 2023.
2. The operation of the provisions and their effect on those sentencing outcomes, including the effect of the mandatory minimum sentencing provisions.
3. The effectiveness of the amendments made to the provisions by the Act.
4. Whether amendments should be made to sentencing provisions in Part IB of the Crimes Act relevant to child sex offences.
5. Any related matter the reviewer considers appropriate.

Who we want to hear from

The Attorney-General’s Department undertook targeted stakeholder consultation to inform the review. The department used this to validate findings from the available data, test community expectations and to aid in assessing the impact the SCAC Act had on sentencing, including community expectations.

The department received submissions from the following organisations in support of this review:

• Commonwealth Director of Public Prosecutions
• National Centre for Action on Child Sexual Abuse
• National Legal Aid.