Tolley AnneCHILD PROTECTION (CHILD SEX OFFENDER GOVERNMENT AGENCY REGISTRATION) BILLThird ReadingHon ANNE TOLLEY (Minister for Social Development): I move That the Child Protection (Child Sex Offender Government Agency Registration) Bill be now read a third time. This bill will enable the establishment of the Child Sex Offender Register. The register will address the current information gap around the movements and activities of child sex offenders living in the community particularly after the child sex offender has completed his or her sentence. The ability for specified agencies to share a centralised source of information coupled with the ongoing risk assessment of registered offenders will allow agencies to effectively monitor and manage child sex offenders in the community. This inter-agency process operating alongside other Government initiatives like the Vulnerable Children Act will reduce the opportunity for child sex offenders to reoffend and increase the safety of our children. As set out in Supplementary Order Paper 183 which was introduced during the Committee of the whole House the legislation shall now come into force 30 days after the date on which it receives the Royal assent rather than on 1 July 2016. Can I take this further opportunity to thank the members of the Social Services Committee for the way in which they have dealt with this bill. I believe the resulting amendments have strengthened the bill.As we all know child sexual abuse is a serious problem in New Zealand. It is also a complex problem that requires a careful balance to ensure the maximum effectiveness of measures aimed at reducing offending. The bill enables the New Zealand Police and the Department of Corrections to establish a child sex offender register for offenders aged 18 years or older at the time of committing an offence who are convicted of a qualifying offence against a child under the age of 16 years and who are sentenced to a term of imprisonment or sentenced to a non-custodial sentence and directed to be registered at the discretion of the sentencing judge; or convicted of a child sex offence in an overseas jurisdiction if that offence is similar to a qualifying offence in New Zealand and if they intend to reside in New Zealand; or if they are currently serving a custodial sentence including parole or are subject to an extended supervision order or public protection order including an interim order for a qualifying offence on the date that the Act comes into force.In summary the bill prescribes the duration of an offender's registration based on the class of qualifying offence in schedule 2 and the sentence received. If an offender is sentenced to imprisonment the duration will be for class 1 offences which are non-contact enabling offences: 8 years. For class 2 offences which are indecent assaults and indecent acts: 15 years. Class 3 which are sexual violations sexual connection offences or attempts: life. If an offender receives a non-custodial sentence and the judge orders registration the offender will be on the register for 8 years regardless of the offence committed.Registered offenders will be required to provide a range of personal information upon their release from prison their commencement of a non-custodial sentence or arrival in New Zealand if they intend to reside in New Zealand—and then annually. They will also need to report any changes to their registered information and any intended travel from the registered address.The bill provides for authorised information-sharing of registered offenders' personal information between specified agencies: New Zealand Police the Department of Corrections the Ministry of Social Development Housing New Zealand Corporation the Department of Internal Affairs and the New Zealand Customs Service; between the Commissioner of Police and overseas law enforcement agencies; and between police and third parties or affected persons where it is deemed necessary to protect the safety of a specific child or children. The information on the register will not be available to the public.The bill establishes offences for failing to report or provide the required information or providing false or misleading information. There is an offence of unauthorised disclosure of information on the register by agencies or affected persons to whom information has been disclosed.The bill emerged from the Social Services Committee with a number of changes as a result of the committee's careful consideration. As I said earlier this has strengthened the bill. In the bill as reported back a registered offender convicted of a class 3 offence registered for life will be able to apply to the District Court for a suspension of their reporting obligations after 15 years on the register. The onus will be on the offender to prove that they no longer pose a risk to the life or sexual safety of a child or children.Another amendment to the bill is that registered offenders will be required to seek the approval of the Commissioner of Police prior to applying to the Department of Internal Affairs for a change of name. The bill provides a list of the matters that the commissioner must consider prior to granting approval. The bill also now includes matters that the court must consider when considering whether to order an offender sentenced to a non-custodial sentence for a qualifying offence to be placed on the register.The Attorney-General presented a report on this bill pursuant to section 7 of the New Zealand Bill of Rights Act advising that he considered that the bill as introduced was inconsistent with section 9 of that Act which is the right not to be subjected to disproportionately severe treatment or punishment" and with section 26(2) which includes the right not to be subject to retrospective penalties. The bill now goes some way to addressing these concerns. The Attorney-General's report in respect of section 9 commented particularly on the lifetime reporting obligations of offenders sentenced to imprisonment for a class 3 offence. This has been modified with the new provision I discussed earlier enabling those with lifetime reporting obligations to apply after 15 years to the District Court to have those obligations suspended. The bill in my view rightly has retained the substance of the retrospective application to remove the immediate risk of previously convicted child sex offenders who are still serving a sentence of imprisonment when the legislation comes into force.The bill presents a careful balance that recognises the rights of children and the community to be protected from child sex offenders as well as the rights of the offender and their families. The bill requires child sex offenders to report a comprehensive range of personal information to police annually and upon any change to the information provided. The bill also allows agencies to share this information even after the offender has completed their sentence with corrections. This information will assist agencies to protect the community from the risks posed by child sex offenders. At the same time the bill recognises the rights of offenders and their families by prohibiting public access to the information on the register and allowing for those on the register for life to apply to the District Court for a suspension of their reporting obligations. I commend this bill to the House."