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Tasmania says confessional veil to be lifted with new laws

The Tasmanian government has released draft legislation to “lift the veil of the confessional” and require the reporting of child sexual abuse.

user iconGrace Ormsby 04 October 2018 Politics
Tasmania, new laws, confessional veil
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The laws reflect a government intent to make religious ministers mandatory reporters of child sexual abuse and to toughen laws around failing to report serious crimes.

The Tasmanian government has also indicated it will sign up to the National Redress Scheme as part of its response.

The draft legislation, released this week for public consultation, broadens the list of who is a mandatory reporter for purposes of the Children, Young Persons and their Families Act to include people in religious ministry and inserts a new crime of failing to report a serious offence into the Criminal Code Act.

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It will also encompass the exclusion of confessional privilege as a defence to the non-reporting of any child abuse, and will broaden the scope of the Criminal Code’s grooming offence to provide greater protection for young people.

The updated legislation is a reaction to the “shocking revelations of child sexual abuse which have emerged from the Royal Commission into Institutional Responses to Child Sexual Abuse,” according to a statement from the Tasmanian Attorney-General Elise Archer.

“There is no excuse for failure to report the horrific abuse of children, least of all for institutions who have been named in the royal commission as failing to prevent child abuse in the past,” it noted.

“This step makes it clear that all members of the community have an obligation to report abuse and do everything in their power to prevent child abuse.”

The proposed legislation will also abolish the limitation period for the offence of assault with indecent intent, bringing it into line with other sexual offences.

The statement provided that additional protection will be given to young victims, reducing the amount of times they are required to give evidence, as well as provide protection for classes of vulnerable victims.

Tasmania’s alignment with the National Redress Scheme comes after announcements from NSW, Victoria, Queensland and South Australia, despite criticism over compensation caps and prioritised engagement with states and institutions over victims

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