New law to close horror ‘loophole'
The Minns Labor Government is set to introduce a suite of reforms to parliament next week, bringing NSW into line with relevant Commonwealth offences and increasing protections from sexual exploitation.
A new provision to the Crimes Act 1900 will ensure sexual offenders who either sexually assault someone or indecently interfere with their body after death are unable to escape prosecution when the time of death is unknown, making which specific crime occurred unclear.
The new provision means when it is clear 'beyond a reasonable doubt 'that one of these two crimes occurred, but it is uncertain due to the timing of death which one, the accused will be sentenced with whichever offence has the lesser maximum penalty.
Previously they would have been unpunished. Groundbreaking reforms aimed at bolstering support for victims of sexual violence across the state will be introduced to parliament next week. NewsWire / Simon Bullard. Credit: News Corp Australia
The government says the reform is in 'direct response' to issues that arose in the inquest of Mona Lisa and Jacinta Rose 'Cindy' Smith in 2024, and the tireless advocacy of their families for reform.
The penalty for indecently assaulting a deceased person will also be increased and criminalising female genital mutilation will also be strengthened.
Other amendments to the act will redefine the age threshold for child abuse material offences, raising it from 16 to 18 years, aligning with Commonwealth standards.
These reforms are designed to close existing legislative gaps and ensure the safety and wellbeing of children. The Crimes Act will also be amended to 'make it easier to prosecute people who commit sexual acts in the presence of children', the Minns government said in a statement.
Changes to the act will also be made to ensure female genital mutilation is considered a crime regardless of the reason or motivation or age of the victim, while ensuring medically necessary practices are protected.
The legislation, to be introduced in Parliament the day after the Minns Labor Government hands down the 2025-2026 NSW budget, comes after changes around domestic violence offences.
These changes included making it harder for alleged domestic violence offenders to get bail, and introducing electronic monitoring for alleged serious domestic violence offenders.
It also strengthened laws to protect against repeated breaches of ADVOs, and made changes to bail courts across NSW to ensure bail decisions are made by magistrates and judges – not registrars. The NSW government is set to introduce new reforms aimed at bolstering support for victims of sexual violence across the state. Photo: NewsWire/ Gaye Gerard Credit: News Corp Australia
Attorney-General Michael Daley said the Minns Labor Government stands with victim-survivors.
'We are ensuring that women and children are better protected from sexual abuse and exploitation,' he said.
'Our Government is closing loopholes and strengthening the law to make it easier to prosecute those who commit acts of sexual violence.
'I thank the families of Mona Lisa and Jacinta Rose 'Cindy' Smith for their bravery and advocacy in the face of tragedy to strengthen New South Wales laws to better protect victims.'
Minister for the Prevention of Domestic Violence and Sexual Assault, Jodie Harrison said the government is 'working to build a safer New South Wales for women and children'.
'Sexual and abuse and exploitation is unacceptable, at the same time as we are investing in support services for victim survivors, we are ensuring that perpetrators are held to account,' she said.
'We will continue to work with experts, advocates and victim survivors to address the impact of domestic and sexual violence across our state.'
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Perth Now
17 minutes ago
- Perth Now
Albo's awkward sweet-tooth moment
Anthony Albanese has delighted crowds at the Ekka on the public show holiday, enjoying snaps and following the pollie tradition of awkwardly tucking into the food staples. The Prime Minister touched down at the landmark Brisbane agricultural show on Wednesday and quickly set about mingling with show attendees while flanked by photographers and his press team. Mr Albanese spent some time sampling the Ekka's delicacies – from Queensland-made honey to luscious bananas – and even tucked into a famous strawberry sundae as photographers captured the unflattering moment. In the tradition of politicians being snapped awkwardly chowing down on food, Anthony Albanese was captured tucking into a strawberry sundae while visiting the Ekka. Dan Peled / NewsWire Credit: News Corp Australia Mr Albanese delighted crowds at the show on Wednesday. Dan Peled / NewsWire Credit: News Corp Australia He sampled many of the show's iconic staples – from bananas to Queensland-made honey – along with the ionic sundae. Dan Peled / NewsWire Credit: News Corp Australia But unlike in 2023 – when awkward snaps captured Mr Albanese taking a cautionary lick of the sundae's cream – he spent no time in enjoying the sweet treat. Mr Albanese's devouring of the sweet treat was a far cry from 2023 when he awkwardly licked the cream before eating the sundae. NewsWire/Tertius Pickard Credit: News Corp Australia In video captured by The Courier Mail, Mr Albanese even jokingly gestured to an ABC reporter holding her own sundae to 'put it in your gob'. He then quipped: 'I had to for the interview!' Politicians who have graced the Ekka have followed a tradition of being snapped in unflattering moments while trying to eat. Most notably, former opposition leader Peter Dutton caused a stir by tearing into a dagwood dog in 2022. Peter Dutton caused a stir when he was snapped enjoying a dagwood dog in 2022. NewsWire / Dan Peled Credit: News Corp Australia He revealed it prompted some outrageous messages. 'Most of my mates actually were pretty rapid-fire texting me like, 'WTF', but anyway, what do you do?' Mr Dutton joked on 2Day FM the following day. 'With the cameras there, I mean you can't eat it from the side because the sauce drips off and you do a Bill Shorten … so it leaves one angle and it's not a great one. 'There is no good angle, so you just accept your fate, right? But chewing from the side was definitely not an option.' … or when Malcolm Turnbull ate a pie with cutlery. Credit: The Advertiser Tasmanian senator Jacqui Lambie was snapped in a similar position with a dagwood dog but took it on the chin – even taking it tongue-in-cheek by making prints of her eating the show staple. Even outside of the show, politicians have always looked awkward trying to dine. Tony Abbott was infamously captured biting into a raw onion, Bill Shorten almost forgot how to eat a sausage and roll as he tried to tackle it sideways, while Malcolm Turnbull ate a meat pie with a knife and fork. Jacqui Lambie was a good sport. Credit: Supplied
Perth Now
17 minutes ago
- Perth Now
Bombshell claim on ‘anti-vax' Netflix star
Outback Wrangler Matt Wright was allegedly secretly recorded discussing the manipulation of his flight records while visiting a paraplegic chopper crash survivor in hospital, a jury has heard. On Wednesday, former pilot Sebastian Robinson told the jury the reality television star was an 'anti-vaxxer' despite Mr Wright going to two Covid restricted areas, a remote helicopter crash site and the injured pilot's Brisbane hospital room. The 45-year-old star has pleaded not guilty to three counts of attempting to pervert the course of justice, following the death of his mate Chris 'Willow' Wilson on February 28, 2022. Mr Wilson, 34, was dangling from a helicopter in a sling above a croc-filled swamp in remote Arnhem Land, NT when the chopper crashed, killing him and critically injuring the 28-year-old pilot. Croc egg collector Chris Wilson was killed, while his pilot Sebastian Robinson was critically injured in a helicopter crash on the King River, West Arnhem on February 28. Credit: News Corp Australia It has not been alleged Mr Wright was responsible for the crash, however Prosecutor Jason Gullaci alleged the reality television star attempted to cover up his history underreporting flight hours for the chopper. On Wednesday, Mr Robinson told the jury that the main reason Mr Wright was not on that same fateful crocodile egg collection mission was 'because he was an anti-vaxxer'. Seb Robinson. Instagram Credit: News Corp Australia The pilot said that in February 2022 there were strict Covid rules for anyone entering the remote areas in the Territory, where they needed to provide proof of their vaccinations, and take rapid antigen tests. The jury has previously heard Mr Wright flew to the remote crash site with Wild Harvest NT director Mick Burns and off-duty senior NT Police officer Neil Mellon. Matt Wright trial guide Following the crash, Mr Robinson spent a month in Brisbane hospital, where Covid restrictions meant two people could visit and everyone needed to provide a valid vaccination certificate. The now paraplegic former pilot told the jury that he had limited recollection of this time, as he had just come out of a coma, was heavily sedated and 'hallucinating'. However, he said he 'vaguely' remembered a visit from Mr Wright and wife Kaia on March 11. 'I have a vivid memory of him having some sort of paperwork in his hands,' Mr Robinson said. He alleged his boss wanted to move 'a few' hours from the crashed helicopter – a Robinson R-44 with the call sign IDW – to Mr Robinson's personal chopper – a Robinson R-44 with the call sign ZXZ. Mr Robinson said the IDW flight hours were for wild crocodile egg collecting missions, despite ZXZ not being equipped for that dangerous task. He also alleged Mr Wright 'asked to go through my phone and delete a few things'. 'I remember looking over and seeing him holding my phone and flicking through it and deleting things,' Mr Robinson said. The jury heard the former pilot also deleted 'some stuff', including phone notes for start and stop times for IDW during egg collection trips. 'It was a very hard time for me. I didn't know who to trust and I panicked and went along with it,' he said. A jury has heard allegations Mr Wright asked to go through the pilot's phone 'and delete a few things' after the crash. NewsWire / Pema Tamang Pakhrin Credit: NewsWire Mr Robinson alleged on Mr Wright's second hospital visit he brought along Jai Thomlinson to again discuss the transfer of hours from IDW to ZXZ. 'I just remember having concerns about what was happening,' Mr Robinson said. 'I said I didn't feel comfortable doing it,' he said. 'I don't think (Mr Wright) was upset … He sort of said 'That's OK'.' A secret mobile audio recording of this hospital visit allegedly captured Mr Wright talking about IDW flight times over the phone. Mr Wright's defence lawyer David Edwardson has previously alleged that Mr Robinson was worried that the discrepancies in his own flight paperwork would be revealed. On Tuesday Mr Robinson admitted he initially repeatedly lied to investigators, as he 'panicked' as he was worried about his own pilot's licence. Crown Prosecutor Jason Gullaci SC. NewsWire / Pema Tamang Pakhrin Credit: NewsWire Mr Gullaci presented Mr Robinson with helicopter documents, which the former pilot said included entries that did not appear to be his handwriting. Mr Robinson also said he had 'never' filled out a trip sheet in the last 12 months of working for Mr Wright's Helibrook, despite Mr Gullaci showing him three 'purported trip documents' claiming Mr Robinson had taken trips in IDW. 'Did you fill that in?' Mr Gullaci asked. 'No I did not,' Mr Robinson said. The jury was also shown two versions of invoices from Mr Robinson to Mr Wright, prepared by the pilot's mother Noelene Chellingworth. Mr Robinson said the first invoice was in his standard format, detailing each individual flight he took, with a total bill of $21,500. Mr Robinson said there was a request to change the invoice format to provide less information, 'from full days, half days, dates, locations, just to amounts per month'. However he could not be certain who asked for the invoice changes. Mr Robinson will continue giving evidence on Wednesday afternoon.
Perth Now
an hour ago
- Perth Now
‘Critical': Big AUKUS call amid Trump fears
AUKUS is 'critical' to Australia's defence, Assistant Defence Minister Peter Khalil has declared while spruiking it in Adelaide with visiting US congressmen. US representatives Joe Courtney and Trent Kelly are in Australia for the Australian American Leadership Dialogue – an annual conference aimed at highlighting the deep ties between Canberra and Washington. Both men are staunch supporters of the US-Australia alliance, including AUKUS, which the Trump administration is reviewing. Speaking to media, Mr Kelly, a Republican like Donald Trump, said the bilateral relationship was like no other. 'Our relationship with our Australian partners is one that cannot be can't be replicated,' he told reporters, standing alongside Mr Khalil and South Australian Premier Peter Malinauskas. 'And so it's important that we continue to grow as friends. 'I've seen that relationship over the last two or three years as AUKUS has matured, grow stronger and better.' Republican congressman Trent Kelly says the US-Australia relationship 'can't be replicated'. Naomi Jellicoe Credit: News Corp Australia Mr Kelly was speaking from Osborne Naval Shipyard, where five nuclear-power AUKUS submarines will be built, assuming the US stays in the defence pact. More than $1.5 billion in federal funds have already been pumped into preparing to build and maintain them. Australia will also get at least three American-made Virginia-class submarines under the agreement. Mr Khalil said the Albanese government welcomed the Trump administration's review, declaring it 'brings forward the issues that are actually important for us to discuss about how we can get the best out of this partnership'. 'The AUKUS partnership is something that is historic,' he said. 'It's critical, it's important.' He went on to say the 'advanced capability that we get out of the Virginia-class and the future AUKUS submarines is extremely important'. 'We're talking about making sure that we have the ADF and the defence capability to deter and deny adversaries from impacting negatively our national interests, forcing others to come back to the negotiating table rather than using force,' Mr Khalil said. 'Investment in defence is about investment in peace.' Assistant Defence Minister Peter Khalil says AUKUS is an 'investment in peace'. Naomi Jellicoe Credit: News Corp Australia US President Donald Trump's defence policy chief Elbridge Colby announced he was delaying the AUKUS review late last month and did not give a firm date for its completion. Instead, Mr Colby, an AUKUS sceptic, said the review would be completed 'in the fall' – much longer than the initial 30 days. The delay comes as the Albanese government resists Washington's demand to hike defence spending to 3.5 per cent of GDP in response to China's rapid military build-up. Announcing the delay, Mr Colby's office said the AUKUS review would 'be an empirical and clear-eyed assessment of the initiative's alignment with President Trump's America First approach'. 'As part of this process, the (US Department of Defence) looks forward to continuing regular engagements on this important matter with other parts of the US government, the US Congress, our allies Australia and the United Kingdom and other key stakeholders,' his office said. 'The department anticipates completing the review in the fall. 'Its purpose will be to provide the President and his senior leadership team with a fact-based, rigorous assessment of the initiative.'
