Dr WOODRUFF - Recommendation 16.9, page 71, is about the position of authority offence. The royal commission did in fact, push to introduce the position of authority offence. That is recommendation 29 of the royal commission. It sets out that governments may consider including a similar age defence. The offence that is introduced by your Government did not include a similar age defence. Unlike other sexual offences against children and young people, that offence applies only so long as one person is over the age of 18 and the other one is under. They could be one day, one month apart in age but as long as one party is in a position of authority, consent is not legally possible.
We recognise that is slightly out of step with how power and consent is reflected in other parts of Tasmania's legislation for young people. Will you consider recommendation 29 of the royal commission when you are amending the legislation?
Mr BARNETT - Thank you for that. I will certainly take that onboard. It is due by 1 July next year. I am advised that policy work to develop the bill is already underway. We are looking at that in the first half of next year as a legislative initiative, one of many and as it is part of the strategic legislation and policy area, I will pass to the Deputy Secretary.
Ms BOURNE - Through you, Attorney-General. As you would see, there are a number of suggested amendments to the Criminal Code to ensure that the terminology used is contemporary and elements are capable of capturing the conduct as intended. Certainly, the changes to which you refer are captured in that initial tranche, if you can call it that, of Criminal Code amendments for the first half of next year.
Dr WOODRUFF - So you will look at recommendation 29 of the royal commission and give consideration to that in your preparation?
Ms BOURNE - Yes, through you, Attorney-General, definitely.
