Press conference – Brisbane

E&OE

Subjects: Outcomes from the Standing Council of Attorneys-General Meeting; Bail and Remand Report; Freedom of Information.

MICHELLE ROWLAND, ATTORNEY-GENERAL: Good afternoon, everyone.

Firstly, I want to thank my state and territory counterpart Attorneys-General for today's SCAG meeting. This was the second meeting which I have chaired as Attorney-General in this term of the Parliament, and it was a most productive meeting. I particularly want to thank the Attorney-General of Queensland for being a generous host on this occasion. It's fair to say the primary focus of today's SCAG was on matters pertaining to community safety and the ways in which the states, the territories and the Commonwealth can come together to further that most important goal of all our governments.

During the meeting, we noted that significant progress has been made on reforms to Working with Children Checks. This is a top priority for the Albanese Government. Five jurisdictions have recognised negative notices, and three jurisdictions have committed to introduce legislation by the end of this year.

This is giving effect to ensuring that if you're banned in one, you are banned in all. We also endorsed the Working with Children Check SCAG Agreement, which outlined a number of priority actions. They include strengthening the exclusion criteria, ensuring that there is consistency across jurisdictions when it comes to risk assessment frameworks, and efforts to ramp up work on the National Continuous Checking Capability, the NCCC, the real-time monitoring of changes in the criminal histories of holders of Working with Children Checks. That, in itself, is a most significant reform, and the Albanese Government has today announced that we are backing that up with a $37 million investment in establishing the National Continuous Checking Capability. This will ensure that the states and territories can plug in to this system to have that real-time monitoring and ensure that we know who should be excluded, what their criminal histories are, and this will make for a much safer system.

We also discussed the Bail and Remand Working Group final report, noting that the consideration of its recommendations is a matter for each individual jurisdiction. I should make clear that this was a report commissioned by SCAG last term, and it was developed with input from each jurisdiction.

States and territories, of course, have the primary responsibility for criminal justice in their respective jurisdictions, and that includes bail and remand. The Commonwealth's focus is on justice reinvestment, doing what we can to keep people, particularly young people, out of the criminal justice system in the first place, ensuring that we have a safer community in the long term. At SCAG, I proposed that we release this report without endorsement, and that was agreed by consensus, so the report will be publicly released today.

There were also a number of other items discussed today, including responses to gender-based violence, elder abuse and the use of artificial intelligence. The public communique for today's meeting will also be released shortly.

The significant progress that we have made at this SCAG meeting today, particularly when it comes to Working with Children Checks demonstrates the focus of the Albanese Government on keeping our most vulnerable safe. I thank all of my colleagues for their input today. That work needs to continue, and we are ensuring that we are delivering on what is expected for us in this area, to keep Australians safe. I'm happy to take questions.

JOURNALIST: The federal government wanted to [inaudible] bail reform. Will that continue?

ROWLAND: Well, let's be clear, this was a report done for SCAG. It has been considered today at its third SCAG meeting, and it has been determined that this report will be released, and it's up to the states and territories to determine what they want to do with its recommendations and the work of the working group.

JOURNALIST: Will the work of the working group continue?

ROWLAND: Well, we have its final report, and as a consequence, that has concluded. So this report is now being released.

JOURNALIST: Do you want to see more work done in this area by the working group?

ROWLAND: Well, again, this work has concluded. It is now up to the states and territories to determine what they would like to do. They commissioned this report in the first place in order to inform them for policies going forward. It's up to each state and territory to do that. As I said, the focus of the Commonwealth in this area is on diversionary programs and on justice reinvestment. We back that up with some $20 million a year in projects right around Australia that are having a measurable difference. I'd also point out that states and territories are also committed to this approach. Only a few days ago, New South Wales announced an initial $23 million investment in justice reinvestment. Similarly, the Queensland Government announced $5 million in this area.

JOURNALIST: Would the Commonwealth [inaudible] breach of bail offences?

ROWLAND: Well, the Commonwealth is not dictating these matters to the states and territories. These are matters for the states and territories to determine their own policies and their own legislation. Our focus is on diversionary programs and justice reinvestment to keep the community safe in the long term.

JOURNALIST: The term 'breach of bail, go to jail' has come up following a by-election here in Queensland recently. What does the Commonwealth make of policies like that?

ROWLAND: Well, again, this is Queensland, an elected government determining its own policies in this area. Our focus continues to be on justice reinvestment, and as I have discussed with the Queensland Attorney-General, we welcome the investments that the Queensland Government is making in this area.

JOURNALIST: Does the Commonwealth have any concerns with existing bail laws in states and territories?

ROWLAND: Well, our concern is to ensure that people are kept out of the criminal justice system in the first place, and that's why we're making these investments.

JOURNALIST: If everyone jurisdiction was allowed to not endorse this report, what was the point in doing the report in the first place?

ROWLAND: Well, this was commissioned by SCAG in order to inform the options for not only legislative change, but also policy change. I think that it is telling that at least two states, only in the last couple of days, have chosen to make not insignificant investments in this area as well. Because when we're talking about this area, we're not only talking about legislative change, we're talking about other areas of government and other functions that can be done to keep the community safer, and I welcome that.

JOURNALIST: Is it the case of the report that some of its recommendations are simply out of date in terms of the political environment that has changed over the last 18 months?

ROWLAND: Well, let's be clear, states and territories make their own decisions in this area. That's what they're doing right now, and that's what they've always done. This has always been the purview of states and territories. A consensus position was put today that this report be released without endorsement by any parties. I might also point out that it specifically states in the report itself, as you will read, that the report does not constitute endorsement by any SCAG members.

JOURNALIST: [inaudible]

ROWLAND: Well, I think it's fair to say again that this is a responsibility for states and territories. The Commonwealth doesn't endorse it, the states and territories don't endorse it, and that's very clear in the report itself.

JOURNALIST: How critical is it to shore up the checks and balances for the Working with Children Check system?

ROWLAND: This is a top priority of this government, and it's also reflected in the fact that this was the lead item at SCAG today, and the one in which we understand, as Attorneys-General, we need to make sure that we are delivering on these timeframes that we have set. Considerable work has been undertaken since the last SCAG, and let me remind all Australians that this government's top priority is delivering on that commitment that if you're banned in one jurisdiction from holding a Working with Children Check, you are banned in all. I recognise that this was a recommendation out of a Royal Commission 10 years ago. The Australian people have been let down by successive governments in that time, but we are getting on with the job of making this system safer for children and ensuring that we do what is necessary to deliver on these commitments. We have delivered more in the last three months to progress reform in this area than in the last decade. That work will continue and we will not stop until it's done.

JOURNALIST: Attorney-General, on the bail reforms how concerned are you about the ongoing [inaudible]?

ROWLAND: Every state and territory has signed up to the Closing the Gap Agreement, and that goes to the disproportionate representation of First Nations people in our criminal justice system, and that is why states and territories in developing their own policies, have also chosen to invest in diversionary projects that keep indigenous children as far as possible out of the criminal justice system. The statistics are all there in the report, which you'll see, you'll see that, unfortunately, once an indigenous child enters the criminal justice system, it is very difficult to leave. Ensuring that we've got processes, that we've got methods in the first place that keep them out of that justice system is going to be key to keeping communities safer.

JOURNALIST: Can you tell us about the work that's being done by the Centre to Counter Child Exploitation?

ROWLAND: The ACCCE is run by the Australian Federal Police, and I'm grateful that Commissioner Krissy Barrett will actually be hosting me there this afternoon. The work of the ACCCE is fundamental. It goes towards the work that is being done by experts to make sure that we have an understanding of the situation when it comes particularly to young people, their exposures online, but also the tactics that are being used by criminals, which is ever changing. As Commissioner Barrett pointed out in her address to the National Press Club, there are new tactics that are being employed that law enforcement needs to be aware of, to understand, and as lawmakers, we need to make sure that our laws are fit-for-purpose. I would point out that we have a month or so until our under 16 ban for social media takes effect, and we know that this in itself, is one small part to keeping young Australians safe. I welcome and I thank the ACCCE for their incredible work that they do, that most Australians will never see, that will have a demonstrable positive impact on young people's lives.

JOURNALIST: It's been 10 years since the Royal Commission released its report to Working with Children Checks. Do recent incidents in childcare centres show that you've taken too long to act?

ROWLAND: Well, exactly as I said, it is the case that it is 10 years since the Royal Commission made that recommendation. Australians expect action in this area, they expect delivery, and that is exactly what they are getting under the Albanese Government.

JOURNALIST: Do you still plan on changing FOI laws?

ROWLAND: The FOI provisions are before the Parliament right now, and they've gone through the House of Representatives, so that's a matter for the Senate now. Thank you, everyone you.

[ENDS]