Consideration of Paedophilia as a Disability

Question

Senator RUSTON: My question, then, may be to the department. Does the department consider paedophilia a disability? Does the agency? Mr Comley: I can go to the agency in a second, but the minister has already made clear-and we would have the same view, obviously-that paedophilia is a crime. I'd also make the comment that we're responding to an article tabled here that lists paedophilia as a disability. It is quite possible, as the article alludes to, that the actual disability that's been the cause of access to the scheme is, for example, an intellectual disability or something else. We can't comment without full access to that information. So I don't think tabling something from a newspaper and just saying that is the full story of why someone has access to a scheme is something that we would take at face value without further investigation. Senator RUSTON: I am not asking you about this particular case. I am simply asking you if you believe paedophilia is a disability. I'm not asking you whether it's the primary disability. I'm simply asking you, in the case that we're referring to-there are other cases in this document-whether the Department of Health, Aged Care and Disability believes that paedophilia is a disability. Given that we've had three weeks since this article was published and you're well aware of the concerns that have been expressed in this article about people who have got violent sex crimes listed as part of their disability, I'm at a loss to understand why you do not have an answer to my question. I will repeat it: does the department believe that paedophilia is a disability? Mr Comley: I'll take that on notice. I'll make the comment, though-as I think I made earlier in the hearing- that this probably highlights the issue that going to a definition based on functional capacity is the way that the scheme should go to ensure that it provides for those it's intended for, which is those with a significant and permanent disability that affects their daily life.

Answer

Please see attached answer.

Documents

• Question with answer (PDF) (opens in a new tab)
• DHDA SQ26-004550.pdf (opens in a new tab)