Immunity from Prosecution for Certain Sexual Offences

Committee Details

Standing Orders
50th Parliament 05/03/2002 - 20/02/2006
Report tabled on 28 May 2003
  • Mr Chris Schwarz

Committee Function

To inquire into and report on the question whether the immunity from prosecution for certain sexual offences committed before 1 December 1982 conferred by the former section 76A of the Criminal Law Consolidation Act 1935 remaining after its repeal by the Criminal Law Consolidation Amendment Act 1985 should be removed in whole or in part (‘the removal of immunity’) and, in particular, to consider and report on:

(a) the Criminal Law Consolidation (Abolition of Time Limit for Prosecution of Certain Sexual Offences) Amendment Bill 2002;
(b) whether it is right, in principle and in policy, that a legislative immunity from prosecution, once conferred upon a person, should be retrospectively removed by Act of Parliament;
(c) whether the importance of bringing alleged offenders to the attention of the criminal justice system should override the difficulties (if any) of the removal of immunity;
(d) whether the removal of immunity should be limited to offences allegedly committed against children under the age of 12 years; and
(e) the relevance (if any) of the issues of contaminated or repressed memory in determining the question of the removal of immunity.
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Acknowledgement of Country

The Parliament of South Australia acknowledges Aboriginal and Torres Strait Islander peoples as the traditional owners of this country throughout Australia, and their connection to land and community. We pay our respect to them and their cultures and to the Elders both past and present.