Reforms needed to protect the vulnerable
- When serious harm occurs those with a duty to care often blame each other, so proposed legal changes are welcome if they result in convictions and jail time
One of the most important functions of any legal system is to protect vulnerable people from serious harm. When cases arise, the community expects parents or carers responsible for abuse or neglect need to be brought to justice and punished severely. But this is not always easy to do.
A consultation paper released by the Law Reform Commission last week identifies some problems and seeks to resolve them by proposing changes to the law. It highlights the difficulties in securing convictions when children or other vulnerable people suffer serious harm.
Prosecutors often find it difficult to prove which of the parties was responsible. Suspects often blame each other, or remain silent and the victim is not always able to give evidence.
As a result, perpetrators either escape punishment or are sentenced for offences that do not reflect the seriousness of their actions.
One core proposal from the commission is to create a new offence of “failure to protect”. It would apply to those who have a duty of care to the victim – a child or person with an impaired ability to look after themselves, such as through disability or illness – or belong to the same household and are in frequent contact with them.
The crime would be committed by those who fail to take reasonable steps to prevent serious harm. It would carry a maximum sentence of 20 years if the victim died, or 15 years if they survived.
It has, for various reasons, taken the relevant committee 16 years to publish the paper. It is long overdue. The proposals seek to strike a careful balance between protecting victims and the right to a fair trial.
Reform is clearly needed to overcome flaws in the existing system, but feedback received during the consultation process should be given careful consideration.
The new offence does not require prosecutors to gather the evidence needed to show which of the parties was responsible for actually inflicting the serious harm.
Culpable bystanders who fail to prevent abuse by others would also be guilty. In South Australia, one criticism of similar laws was that they increase the risk of innocent people being convicted.
Change is, however, needed to ensure the vulnerable are protected. The government should push ahead with reforms once responses to the proposals have been fully considered.
