The government has suffered a blow to its legislative agenda, as a bill to introduce mandatory minimum sentences for child sex offenders was voted down in the upper house on Wednesday.
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At the heart of the legislation was a provision to impose minimum sentences of four years on people convicted of raping someone under the age of 17.
Leader of the Government in the upper house Leonie Hiscutt said the bill sought to “improve public confidence in the courts by ensuring sentences reflect community views”.
The legislation did garner some support.
Independent Western Tiers MLC Greg Hall said the rights of the victim had to be placed above those of the criminal.
“The public is crying out for penalties which fit the crime and for whatever reason they are saying the penalties imposed by the courts in some cases are not sufficient,” he said.
Similarly, independent Windermere MLC Ivan Dean said anybody who abused a child “deserve[d] the harshest of penalties”.
But there were many members who expressed distaste for the principle of mandatory minimum sentences.
Elwick Labor MLC Josh Willie said there was “no evidence” that mandatory sentencing made children safer, while members like independent Murchison MLC Ruth Forrest and independent Rosevears MLC Kerry Finch also expressed concerns regarding the bill.
Acting Attorney-General Matthew Groom said Labor had voted against “protecting” children.
He asserted that the Liberals would seek another mandate at the next election to institute these laws.
Mr Willie described the government’s criticism as “disgusting and wrong”.
“Labor and independent MLCs voted against the legislation based on evidence,” he said.
It was not all bad news for the government, however, as its legislation to broaden the definition of rape in the Criminal Code to include all forms of sexual penetration was passed by the upper house on Wednesday.