Government closes loopholes in child-sex law
Hon Simon Power
Minister of Justice
2 April
2009 Media Statement
Government closes loopholes in child-sex law
The Government today closed two potential loopholes surrounding the release of serious child-sex offenders.
The Parole (Extended Supervision Orders) Amendment Bill, passed by Parliament today, removes the two potential loopholes that were inadvertently introduced into the Parole Act 2002 through an amendment in 2007.
“The Government has moved swiftly to fix these loopholes, which might have allowed child-sex offenders released on Extended Supervision Orders to avoid conditions restricting their movements,” Justice Minister Simon Power told Parliament when introducing the bill.
"That was an unacceptable risk to allow to remain."
Extended Supervision Orders are used for managing the release of child-sex offenders who were not sentenced to preventive detention but still present a high risk of re-offending on release. These orders require child-sex offenders to be on parole-type conditions for up to 10 years after release.
“Conditions restricting an offender’s movements, such as electronically monitored curfews, are part of the Extended Supervision regime. Offenders are able to be confined to their residence at certain times to reduce the opportunity to offend,” Mr Power said.
“The language of the 2007 amendments to the Parole Act created doubt about matters that had previously been routine.
"The first area of doubt was whether electronically monitored curfews could be imposed beyond the first 12 months of an Extended Supervision Order. Previously, they could be imposed at any time during the period of the order.
“The second area of doubt was whether the Parole Board could impose residential conditions without the offender agreeing to comply with them. Previously, the offender’s agreement to comply was not required.
“These matters, if left unresolved, could have undermined the effectiveness of the Extended Supervision regime and put the safety of children at risk.
"This Act clarifies these issues and helps reduce the opportunity for child-sex offenders to re-offend.
"I am delighted the House has co-operated to pass this legislation to give the Parole Board the tools it needs to manage the release of child-sex offenders in the community.”
ENDS