Dr HUGH McDERMOTT (Prospect) (16:25): On behalf of Mr Michael Daley: I move:

That this bill be now read a second time.

The New South Wales Government is pleased to introduce the Justice Legislation Amendment (Children) Bill 2024. The bill will introduce several miscellaneous amendments to correct a minor error in an uncommenced amendment to the Child Protection (Working with Children) Act 2012 and to ensure clarity and transparency in the decision-making of the Children's Court and sentencing statistics. Regularly reviewing and updating legislation is an important mechanism to ensure that laws remain fit for purpose and keep pace with developments in the community and the legal system. Miscellaneous bills are a sensible and practical way to introduce amendments to multiple Acts to achieve that.

I now turn to the detail of the bill. Schedule 1 to the bill will amend the Child Protection (Working with Children) Act 2012 to correct a minor error in an uncommenced amendment to the Act. The amendment will clarify that, for proposed section 36C (1) of the Child Protection (Working with Children) Act 2012, a relevant person must notify the Children's Guardian of the commencement of proceedings, a conviction or a finding of guilt against the relevant person of a prescribed criminal offence outside of Australia in certain circumstances.

Schedules 2 and 3 to the bill will amend the Children (Criminal Proceedings) Act 1987 and the Children (Community Service Orders) Act 1987 to clarify the actions that the Children's Court may take in response to breaches of certain court orders, such as good behaviour bonds. The Children's Court has jurisdiction under section 41 (4) of the Children (Criminal Proceedings) Act to hear and determine breaches of good behaviour bonds, probation and youth justice conference outcome plans. It also has jurisdiction to hear applications to revoke children's community service orders under sections 21A and 22 of the Children (Community Service Orders) Act.

In relation to breaches of good behaviour bonds, probation orders or outcome plans, section 41 (4) of the Children (Criminal Proceedings) Act provides that the court may deal with the person "in any manner in which the person could have been dealt with by the Children's Court in relation to the offence", effectively limiting the court's powers to the penalties contained in section 33 of that Act. In relation to applications to revoke children's community service orders, sections 21A and 22 of the Children (Community Service Orders) Act provide that the court may either:

revoke the order, or

revoke the order and deal with the person … in any manner in which the person could have been dealt with for that offence by the court had the order not been made.

That similarly limits the court's powers to the penalties contained in section 33 of the Children (Criminal Proceedings) Act.

In the decision ofR v Kai, the president of the Children's Court held that the court did not have the power to take no action in respect of a breach of bond due to the terms of section 41 (4) of the Children (Criminal Proceedings) Act. The charge was instead dismissed under section 33 (1) (a). The president noted that the imposition of the penalty would not reflect the objective seriousness of the offence on the child's record and would contribute to misleading sentencing statistics. Prior to that decision, it was assumed that the Children's Court was empowered to take no action in respect of a breach of bond. Kai has disrupted that common practice and has caused uncertainty and diminished transparency in the Children's Court sentencing process.

Schedules 2 and 3 will amend the Children (Criminal Proceedings) Act and Children (Community Service Orders) Act to give the Children's Court express power to take no action, to vary or revoke conditions, to impose further conditions and to revoke an order in response to breaches of bond, probation orders and community service orders. It will also give the Children's Court the power to take no action or to revoke an order releasing a person on the condition that the person complies with an outcome plan if the court finds the person breached the outcome plan. The amendments bring the children's breach process in line with the adult model in section 108C (5) of the Crimes (Administration of Sentences) Act 1999. The amendments will address the uncertainty inR v Kai and allow the prior common practice of the Children's Court in respect of breaches of court orders to continue unimpeded. In conclusion, this bill is an important part of the Government's ongoing work to regularly review and update legislation to ensure that it continues to meet its objectives. I commend the bill to the House.

Second Reading Debate

Mr ALISTER HENSKENS (Wahroonga) (16:31): I speak on behalf of the Opposition in debate on the Justice Legislation Amendment (Children) Bill 2024. I note my comments earlier in the day that this is an uncontentious piece of legislation, which the Opposition will support. There are two main aspects of the bill. Schedule 1 to the bill makes a very minor amendment to correct a typographical error and inserts the word "prescribed" before "criminal offences" to schedule 1 [10] to the Child Protection (Working with Children) Act 2012. That deals with an amendment to the Act that has not yet commenced. The amendments in schedule 2 essentially reverse a decision of the Children's Court on the interpretation of section 41 (4) of the Children (Criminal Proceedings) Act in the decision ofR v Kai [2024] NSWChC 5.

The amendments are essentially repeated for both the Children (Community Service Orders) Act in schedule 2 and Children (Criminal Proceedings) Act 1987 in schedule 3. They clarify that the court has a discretion to take no action, vary or revoke conditions, impose further conditions, extend the relevant maximum period for the order or revoke an order of the court. It is completely desirable that judicial officers have full discretion to make decisions that they think are in the best interest of justice in any particular case. If there is any uncertainty about the extended judicial powers in that respect, making it abundantly clear by giving them the full range of possible actions is entirely appropriate and supported by the Opposition.

I reiterate that there is a plethora of very small bills in the justice space that could be easily consolidated into one bill. It is unfortunate that the Department of Communities and Justice is being required to split up bills that it no doubt would have—and did, when we were in government—put into one larger bill. I encourage the Government to be more efficient in that respect and put all the amendments in one bill so we do not have to go through the facade of having multiple bills pass through the Parliament when the changes could be made far more efficiently, particularly when they involve uncontentious material.

Mr GREG WARREN (Campbelltown) (16:35): I am delighted to make a brief contribution to debate on the Justice Legislation Amendment (Children) Bill 2024. When I look at the many pieces of law reform that the Government has introduced in this place, it is fair to suggest that there are not many more important reforms—whether they be minor, major, miscellaneous or otherwise—than the laws that protect our children or enhance the law to protect children and, indeed, provide the judiciary every instrument to do so. They are the most precious people in each and every one of our lives.

I note that the shadow Attorney General made reference to combining miscellaneous bills. I am advised that as part of the miscellaneous amendment bill process, the New South Wales Government sought proposals from stakeholders who were well placed to identify issues requiring reform to maintain an effective justice system. The Government received a large number of reform proposals through that process. They are being progressed through multiple bills, which reflects the time needed to develop and consult on the proposals for reform. But I  note the shadow Attorney General's point.

I thank the Parliamentary Secretary to the Attorney General, who is present in the Chamber, for his work in the Attorney General's office on this piece of legislation. He is progressively committed to and enthusiastic about reforms to legislation, particularly when it comes to the protection of our children. The bill implements amendments to three separate pieces of legislation. First, it amends the Child Protection (Working with Children) Amendment Bill 2022 to correct a minor omission to an uncommenced amendment requiring disclosure to the Children's Guardian of proceedings, a conviction or a finding of guilt for a prescribed criminal offence outside Australia.

Second, the bill amends the Children (Criminal Proceedings) Act 1987 and the Children (Community Service Orders) Act 1987 to clarify the actions that the Children's Court may take in response to breaches of certain court orders such as good behaviour bonds. The Children (Criminal Proceedings) Act 1987 sits within the Attorney General's portfolio, of course. I acknowledge the Attorney General and his team's enthusiastic contribution and progressive approach to law reform in New South Wales, which I believe has been on display during this sitting week with not only this bill but also other matters. The Child Protection (Working with Children) Amendment Bill 2022 sits within the portfolio of my good friend the Minister for Families and Communities. She also has an enthusiastic and progressive approach to law reform, particularly for the protection of children. The Children (Community Service Orders) Act 1987 is within the portfolio of the Minister for Youth Justice, yet another Minister with a progressive and reformist approach to laws for our children.

The bill was subject to limited targeted consultation with stakeholders whose proposals helped shape the reform. Specific stakeholders consulted include the Children's Court of New South Wales, Legal Aid NSW, Youth Justice NSW, the Office of the Director of Public Prosecutions, the Aboriginal Legal Service, the Law Society of New South Wales, the New South Wales Bar Association, the NSW Police Force and the Chief Magistrate's office. One may ask what alternative policies and mechanisms were considered in advance of the bill. Appropriately, the identified issues and policy outcomes targeted in the bill can only be achieved through the legislative amendments that are before the House today. I note the shadow Attorney General's comments and contribution, which is always welcome but, ultimately, mostly irrelevant.

Specifically, the amendment to the Child Protection (Working with Children) Amendment Act 2022 is necessary to clarify that the disclosure requirements set out by new section 36C (1) apply to "prescribed" criminal offences. This amendment will clarify the application of this uncommenced provision and allow it to operate as intended. Schedules 2 and 3 to the bill concern amendments to the Children (Community Service Orders) Act 1987 and the Children (Criminal Proceedings) Act 1987, which are necessary for a number of reasons. In the decision ofR v Kai, the President of the Children's Court held that the court did not have power to take no action in respect of a breach of bond due to the terms of section 41 (4). Instead, the charges were dismissed. The president noted that the penalty would not reflect the objective seriousness of the offence and would contribute to misleading sentencing statistics. Prior to this decision, it was assumed that the Children's Court was empowered to take no action in respect of breaches of bond. The amendments in the bill will address that uncertainty following Kai and allow the prior common practice of the Children's Court in respect of breaches of court orders to continue unimpeded.

The sentencing powers of the Children's Court remain unchanged. The bill does not augment or expand the sentencing powers of the Children's Court but instead restructures them to ensure greater efficiency and transparency. For example, the power to take no action on a breach of a good behaviour bond can currently be replicated by revoking the bond and imposing a new bond equivalent to the remaining term of the existing bond. Similarly, the power to impose a new condition on a bond can be achieved by imposing a new bond equivalent to the remaining term of the existing bond, with the additional condition included. The proposed amendments streamline that process by avoiding the need to impose a new order. To conclude, I again thank members of this House for taking an assertive approach to law reform, particularly around the judiciary. I thank the Opposition for supporting this legislation, because it displays that each and every one of us in this place will always do everything that we can to keep our children safe. I thank the House.

Ms LIZA BUTLER (South Coast) (16:43): The Justice Legislation Amendment (Children) Bill 2024 makes miscellaneous amendments to communities and justice legislation relating to children to improve and clarify court and legal processes and ensure transparency in sentencing statistics. This is the second of four justice miscellaneous bills that the Government seeks to introduce in 2024. Justice legislation amendment bills are introduced into the Parliament as part of the Government's regular program of legislative reviews and improvements, as the regular review and updating of legislation is an important mechanism to ensure the law is fit for purpose and keeps pace with developments in the community and legal system.

The bill will implement amendments to three separate Acts: the Child Protection (Working with Children) Amendment Act 2022 to correct a minor omission to an uncommenced amendment requiring disclosure to the Children's Guardian of proceedings; the Children (Criminal Proceedings) Act 1987 to address conviction or finding of guilt for a prescribed criminal offence outside of Australia; and the Children (Community Services Orders) Act 1987 to clarify the actions that the Children's Court may take in response to breaches of certain court orders, such as a good behaviour bond.

The Children (Criminal Proceedings) Act 1987 sits with the Attorney General's portfolio, while the Child Protection (Working with Children) Amendment Act 2022 is within the portfolio of the Minister for Families and Communities, and the Children (Community Service Orders) Act 1987 sits within the portfolio of the Minister for Youth Justice. I commend the three Ministers involved for working together to ensure that those Acts are fit for purpose into the future. As the member for Campbelltown stated in his contribution to debate on this bill, children are the future of this country and their welfare is important to every family in Australia.

The Government receives proposals for reform of legislation from a number of stakeholders. This bill was subject to targeted consultation with specific stakeholders, including the Children's Court of New South Wales, Legal Aid NSW, Youth Justice NSW, the Office of the Director of Public Prosecutions, the Aboriginal Legal Service, the Law Society of New South Wales, the New South Wales Bar Association, the NSW Police Force and the Chief Magistrate's office. Why did they tell us that these amendments are needed? Schedule 1 to bill concerns the Child Protection (Working with Children) Amendment Act. The amendment was needed to clarify that the disclosure requirements set out by new section 36C (1) apply to prescribed criminal offences. This amendment will clarify the application of the uncommenced provision and allow it to operate as intended.

Schedules 2 and 3 to the bill each concern the Children (Criminal Proceedings) Act 1987 and the Children (Community Services Orders Act) 1987. In the decision ofR v Kai, the President of the Children's Court held that the court did not have power to take no action in respect of a breach of bond due to the terms of section (41) 4. Instead, the charge was dismissed. The president noted that the penalty would not reflect the objective seriousness of the offence and would contribute to misleading sentencing statistics. Prior to this decision, it was assumed that the Children's Court was empowered to take no action in respect of breaches of bond. These amendments will address the uncertainty following Kai and allow the prior common practice of the Children's Court in respect of breaches of court orders to continue unimpeded. It was found that if the amendments were not made, then relevant legislation would not reflect developments in the legal system and result in adverse consequences, including a lack of clarity in legislation and uncertainty about operational practices, in light of case law developments.

The amendments in the bill will commence on assent. Once the relevant provisions in the bill commence, the amendments will take effect. Ministers responsible for administering the legislation being amended and agencies supporting those Ministers will advise stakeholders of the amendments where relevant and implement any operational changes. I reiterate that is a really important part of this Government's regular program of legislative reviews and improvements. I commend the bill to the House.

Mr NATHAN HAGARTY (Leppington) (16:49): I contribute to debate on the Justice Legislation Amendment (Children) Bill 2024. As members have outlined, the bill makes miscellaneous amendments to communities and justice legislation relating to children to improve and clarify court and legal processes and to ensure transparency in sentencing statistics. That is a critical objective, and I am certain every single member supports it. As we heard from the member for South Coast, the bill is the second of four justice miscellaneous bills the Government intends to introduce this year. The bills are part of the Government's regular program of legislative reviews and improvements. Any good government undertakes reviews of processes to ensure that legislation is up to date, relevant and correct. That is done for a number of reasons. Regularly reviewing and updating legislation is an important mechanism to ensure that the law is fit for purpose and keeps pace with developments, both in the legal system and for the people whom we serve each and every day in our community.

The bill amends three separate Acts. The first is the Child Protection (Working with Children) Amendment Act 2022. The bill amends that Act to correct a minor omission to an uncommented amendment requiring disclosure to the Children's Guardian of proceedings, a conviction or a finding of guilt for a prescribed criminal offence outside Australia. That seems straightforward to me. The bill also amends the Children (Criminal Proceedings) Act 1987 and the Children (Community Service Orders) Act 1987 to clarify actions that the Children's Court may take in response to breaches of certain court orders, such as good behaviour bonds. The three Acts the bill amends sit within the Attorney General's portfolio, as well as the portfolios of the Minister for Families and Communities and the Minister for Youth Justice. I note that the Parliamentary Secretary for Youth Justice has entered the Chamber, which is great timing.

It is important to consult with the legal fraternity and advocacy groups to ensure that any proposed changes are on track and in line with community expectations and the expectations of the legal fraternity. The bill was subject to consultation with the Children's Court of New South Wales, given that it amends three Acts relating to children; Legal Aid NSW; Youth Justice NSW; the Office of the Director of Public Prosecutions; the Aboriginal Legal Service; the Law Society of New South Wales; the New South Wales Bar Association; the NSW Police Force, which recently received a significant pay rise thanks to the Minns Labor Government; and the Chief Magistrate's office.

It is expected that during the stakeholder consultation period those agencies and groups might propose other ideas or flag future changes, and that we may need to work on those. I note that happened during the consultation process for this bill and that stakeholders proposed other amendments. That happens from time to time. We have taken some of them on board and will work with stakeholders on the proposed amendments to deliver legislative reform in due course. I think some of the proposed amendments will be introduced in the new year for consultation and the Parliament's consideration. People might ask, "Why has the Minns Labor Government introduced two justice miscellaneous bills within such a short time span? Would it not be more efficient to put them together?" I think a member of the Opposition made a contribution to the debate to that effect. I do not remember which member it was.

Dr Hugh McDermott: I do not remember that.

Mr NATHAN HAGARTY: The Parliamentary Secretary does not remember the contribution; it was not particularly memorable.

Dr Hugh McDermott: You better read theHansard.

Mr NATHAN HAGARTY: I had better read theHansard. I remember there being some criticism as to why the Government has introduced various bills. As part of the miscellaneous amendment bill process, the New South Wales Government seeks proposals from stakeholders who are well placed to identify issues requiring reform to maintain an effective justice system. When a large number of reform proposals are received through this process, they are progressed through multiple bills. We have broken them up to make a pathway to churn constantly through the various reforms because, first, this is a reforming government; and, secondly, this Government is about continual process improvement. We will not rest on our laurels. There will not be 12 years of neglect under this Government. Month after month, week after week, day after day, we will undertake the hard work of reform. We will continue to improve this State during this parliamentary term and hopefully in many terms to come.

Schedule 1 to the bill amends the Child Protection (Working with Children) Amendment Act to clarify the disclosure requirements set out by proposed new section 36C (1), and they apply to prescribed criminal offences. The amendment will clarify the application of this uncommenced provision and allow the provision to operate as intended, as I mentioned earlier. Schedules 2 and 3 to the bill amend the Children (Criminal Proceedings) Act and Children (Community Service Orders) Act because of a decision made by the President of the Children's Court in the case ofR v Kai. The court held that the court did not have power to take no action in respect of a breach of a bond due to the terms of section 41 (4). Instead, that charge was dismissed.

The president further noted that the penalty would not reflect the objective seriousness of the offence and would contribute to misleading sentencing statistics. We need accurate data in order to check those things. Prior to that decision it was assumed the Children's Court was empowered to take no action in respect of breaches of bond. The amendments will address the uncertainty followingR v Kai and allow prior common practice of the Children's Court with respect to breaches of court orders to continue unimpeded. People might ask does this amendment change the sentencing powers of the Children's Court? The answer is a firm no. The amendment does not augment or expand the sentencing powers of the Children's Court but instead restructures them to ensure greater efficiency and transparency. Efficiency and transparency is one of the missions of the Minns Labor Government.

For example, the power to take no action on a breach of a good behaviour bond can currently be replicated by revoking the bond and imposing a new bond equivalent to the remaining term of the existing bond. Similarly, the power to impose a new condition on a bond can be achieved by imposing a new bond equivalent to the remaining term of the existing bond with the additional condition included. The proposed amendments streamline that process by avoiding the need to impose a new order. While rescinding and issuing new bonds might keep some people in their jobs, this important reform is a much more efficient way of getting rid of red tape in the legal system. In wrapping up, this fantastic piece of legislation again shows that the Minns Labour Government is a government of action. It is the second of four justice miscellaneous bills, and members on this side of the House eagerly await the additional two amending bills. I commend the bill to the House.

The ASSISTANT SPEAKER (Mr Jason Li): It being 5.00 p.m., according to standing and sessional orders, debate is interrupted for the public interest debate. I set down resumption of the debate as an order of the day for a later hour.