Debate resumed from 6 May 2008.

The Hon. CHRISTINE ROBERTSON [3.30 p.m.]: I am pleased to commence debate on the thirty-fifth report of the Standing Committee on Law and Justice, titled "The prohibition on the publication of names of children involved in criminal proceedings". The report was tabled out of session with the Clerk on 21 April this year. The New South Wales Attorney General, the Hon. John Hatzistergos, referred this inquiry to the law and justice committee on 16 October 2007. The committee was asked to inquire into and report on the validity of the policy objectives behind the prohibition and how effectively those objectives were being met. The committee was also asked to consider whether the prohibition should be extended.

Following consideration of all the evidence before it, the committee has reaffirmed the validity of the policy objectives behind the prohibition and has recommended that it be extended to cover children who are "reasonably likely" to become involved in criminal proceedings, so that children who may be the subject of police investigations are also protected. The committee has also recommended that a special unit within the New South Wales Police Force be identified to investigate alleged breaches of the prohibition.

The prohibition is contained in section 11 of the Children (Criminal Proceedings) Act 1987. Section 11 prohibits publication of the name or material that may lead to the identification of any child involved in criminal proceedings. A child is a person under 18 years of age and criminal proceedings are considered to have commenced with the laying of charges or the issuing by police of a court attendance notice. The prohibition covers children who are defendants, offenders, victims or witnesses, or who are otherwise mentioned during proceedings.

An exception can be made to this general prohibition in the case of a child convicted of a serious children's indictable offence. A child over the age of 16 can give permission for their name to be published and a child under the age of 16 can give consent along with the consent of the court. In addition, if a child victim is deceased, the senior available next of kin can give permission for their name to be published. The policy objectives of the prohibition are to protect child offenders, victims and witnesses from the stigma of association with a crime and to assist in their rehabilitation and recovery. The child siblings of deceased children are also protected from the publicity that may follow from the naming of the deceased. The power to decide whether or not the deceased child is publicly named is given to the family.

The committee heard evidence from a range of major stakeholders within the criminal justice system, including the Attorney General's Department, the Department of Juvenile Justice, the Director of Public Prosecutions, the Legal Aid Commission, the Public Defender's Office, the Chief Magistrate's Office and the New South Wales Police Force. The committee also heard from the Commission for Children and Young People, and various other youth legal and advocacy organisations.

Pursuant to standing orders business interrupted and set down as an order of the day for a future day.