Mandatory Sentencing - Child Sex Offences

Question

1. What is the Albanese Government's current policy position on mandatory minimum sentences for child sexual abuse offences? 2. Has the Department been tasked with developing any legislation to strengthen sentencing for child sexual abuse offences? If so, what is the status of that work? 3. Has the Government assessed whether current sentencing practices are delivering adequate deterrence and punishment for Commonwealth child sexual abuse material offences? 4. What is the Government's response to community concern that sentences for child sexual abuse offences are too lenient? 5. The Coalition has a Private Member's Bill before Parliament which would introduce mandatory minimum five-year custodial sentences for serious child abuse material offences - including using the internet to access, transmit, or make available child abuse material. Does the Government support this Bill? 6. If the Government does not support this Bill, which specific elements does it oppose? Is it the mandatory minimum mechanism, the five-year term, or the offences that have been identified? 7. Does the Government still maintain Labor's traditional opposition to mandatory minimum sentencing as a matter of principle? 8. The Albanese Government introduced mandatory minimum sentences for terrorism offences, terrorism financing, and the display of prohibited hate symbols in 2025. That is correct, isn't it? 9. So the Government's position is that mandatory minimum sentences are appropriate for displaying a prohibited symbol, but not appropriate for producing or distributing child sexual abuse material. Can the Department explain the policy rationale for that distinction? 10. What distinguishes the display of a hate symbol from the possession and distribution of child abuse material such that one warrants a mandatory minimum sentence and the other does not? 11. Can the Department identify the criteria the Government applies when deciding which offences warrant mandatory minimum sentences and which do not? Is there a framework, or is it ad hoc? 12. If mandatory sentencing is justified on grounds of community safety, deterrence, and the seriousness of the conduct - the arguments the Government made for its own hate crimes legislation - can the Government explain why those same arguments do not apply with even greater force to the sexual exploitation of children? 13. Does the Government accept that there is a reasonable public expectation that if Parliament mandates minimum sentences for displaying a symbol, it should at least consider doing the same for offences involving the sexual abuse of children? 14. Will the Government commit to reviewing its position on mandatory minimum sentences for child sexual abuse material offences in light of the precedent it has now set with its own legislation?

Answer

Please see attached answer.

Documents

• Question with answer (PDF) (opens in a new tab)
• BE26-180.pdf (opens in a new tab)