Controversy over 'animosity' clause could have been avoided, advocates say

The Community Protection (Offender Reporting) Bill is currently out for consultation, with the original draft containing provisions that would make it illegal to incite "animosity" towards sex offenders.

On January 9, Minister for Police, Fire and Emergency Management Felix Ellis said the government would remove the word "animosity" from the clause in the final bill due to high levels of community concern.

Child protection campaigner Jack Davenport said although it was pleasing the government had listened to the community, many victim survivors felt it failed to learn from the Commission of Inquiry (COI).

Although the government was following standard protocol for legislation, Mr Davenport said the COI had shown "you can't do things the way you used to before".

"Some policy-minded people have got together and drafted a piece of legislation, and then put that out for consultation," Mr Davenport said.

"What needs to happen at this point is there needs to be more of a trauma-informed process for this kind of legislation. They needed to be speaking to victim survivors before they put that draft out for consultation.

"Many would have pointed out the problem, or at least the very big questions around this issue about animosity and what that means in practice."

Mr Davenport said the government needed to demonstrate to the community how its proposed legislation, and the laws in Western Australia they were using for inspiration, would work in practice.

He said, even if the word "animosity" was removed from the clause, victim survivors still had concerns offenders could use the legislation to their advantage.

"We still lack sufficient information about the intent of the bill," Mr Davenport said.

"Could a reported offender use it to target a victim? We don't fully know how the legislation might be used.

"For an example, how would Grace Tame's speech at the National Press Club be tested against the legislation?"

This was a view shared by Launceston Loudfence coordinator Lawrence Donaldson, who said the lack of consultation with victim survivors was "insensitive".

Mr Donaldson said this compounded with the fact the government was "shielding" public servants from accountability after the inquiry.

"Lack of consultation with the victim survivor community in advance of the public release of the draft shows insensitivity and demonstrates the ongoing 'tone deafness' of the government," he said.

"Victim survivors are yet to see any public servant held accountable for the catastrophic failings in child-safeguarding revealed by the Commission of Inquiry.

"The COI process is descending into farce with inquiries being held into failed inquiries."

Consultation on the bill closes on February 16.