maintaining an unlawful sexual relationship offence to be particularised as courses of conduct. that occur overseas, via a postal service, and via a carriage service. The Australian Government has strong criminal offences to combat persistent child sexual abuse overseas. Persistent child sexual abuse outside Australia is criminalised under subdivision 272.11 of the Criminal Code (Cth). This offence is established by a person committing an unlawful sexual act on three or more occasions during any period. This offence does not require proof of the dates or exact circumstances of each occasion. The Australian Government will continue to consider the appropriateness of new course of conduct offences. On 13 September 2017, the Australian Government introduced the Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) Bill 2017 to the Australian Parliament. The Bill introduces mandatory minimum sentences for repeat offenders found guilty of Commonwealth child sex offences, including offenders whose first offence was a state or territory child sex offence. These measures appropriately address repeat and persistence child sexual abuse applicable to the offences allowable under Commonwealth legislative powers. 25 To the extent they do not already have a broad grooming offence, each state and territory government should introduce legislation to amend its criminal legislation to adopt a broad grooming offence that Accept The Commonwealth has existing broad grooming offences which are consistent with this recommendation. These offences capture communication or conduct with a child with the
acts for which the defendant has been charged but not convicted (other than acts for which the defendant has been acquitted) should be admissible as tendency or coincidence evidence if it otherwise satisfies the test for admissibility of tendency or coincidence evidence about a defendant in a child sexual offence prosecution. 50 Australian governments should introduce legislation to make the reforms we recommend to the rules governing the admissibility of tendency and coincidence evidence. Accept in principle See recommendation 44. 51 The draft provisions in Appendix N provide for the recommended reforms for Uniform Evidence Act jurisdictions. Legislation to the effect of the draft provisions should be introduced for Uniform Evidence Act jurisdictions and non–Uniform Evidence Act jurisdictions. Accept in principle See recommendation 44. 52 and territory governments should ensure that the necessary legislative provisions and physical resources are in place to allow for the prerecording of the entirety of a witness’s evidence in child sexual abuse prosecutions. This should include both: in summary and indictable matters, the use of a pre-recorded investigative interview as some or all of the witness’s evidence in chief in matters tried on indictment, the availability of pre-trial hearings to record all of a witness’s evidence, including and re-examination, so that the evidence is taken in the absence of the jury and the witness need not participate in the itself. Accept All child sexual offences in the Criminal Code (Cth) are indictable offences as they carry penalties greater than 12 months. Under Part IA, s.4H of the Crimes Act 1914 (Cth), an indictable offence is an offence which is punishable by imprisonment for a period exceeding 12 months. Part IAD, Division 5 of the Crimes Act 1914 (Cth) provides for the use of video recordings for vulnerable witnesses. S.15YM provides for a video recording of an interview of a vulnerable person to be admitted as evidence in chief (subject to the interview being conducted by a specified person and the court gives leave). examination
c extends to ‘no case’ rulings at trial. For further consideration The Commonwealth Director of Public Prosecutions supports legislative reform to give the prosecution the to appeal “no case” decisions in child sexual abuse matters. This will significantly enhance the rights of victims. 80 State and territory governments should work with their appellate court and the Director of Public Prosecutions to ensure that the court is sufficiently well resourced to hear and determine interlocutory appeals in prosecutions involving child sexual abuse offences in a timely manner. Noted This is a matter for states and territories. 81 Directors of Public Prosecutions should amend their prosecution guidelines, where necessary, in relation to the decision as to whether there should be a retrial following a successful conviction appeal in child sexual abuse prosecutions. The guidelines should require that the prosecution consult the complainant and relevant police officer before the Director of Public Prosecutions decides whether to retry a matter. Accept The Commonwealth Director of Public Prosecutions’ Victims of Crime Policy and Prosecution Policy of the Commonwealth recognise that the views of any victims, where those views are available, and where it is appropriate, to be considered and taken into account when deciding whether it is in the public interest to: commence a prosecution; discontinue a prosecution; agree to a plea negotiation; or decline to proceed with a prosecution after a committal. The Commonwealth Director of Public Prosecutions view is that this includes a decision as to whether a matter should proceed to re-trial.