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reporting investigation prosecution

Reporting Investigation Prosecution. Australian Federal System. Commonwealth. Commonwealth. 6 States. 2 Territories. Laws

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reporting investigation prosecution

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    3. Australian Federal System Commonwealth

    4. Laws & Law enforcement Commonwealth Limited powers under the Constitution (Telecommunications) Australian Federal Police (AFP) States & Territories General criminal law General criminal courts and prisons Each State & Territory has a Police Force

    5. Child exploitation laws Commonwealth External affairs: Child sex tourism (94) Telecommunications: Accessing child pornography (05) Grooming a child for sexual purposes (05) States & Territories General criminal law: Possessing child pornography (90s) Grooming – Queensland only (03)

    6. State & Territory law Child physical abuse Child sexual assault Child pornography Online grooming – (Qld)

    7. Child sexual abuse images (child pornography) Offensive Sexual activity Sexual body parts Indecent manner or context

    8. Definition – child pornography

    9. Reporting Laws Commonwealth Content regulation (99) Internet Service Provider (ISP) & Internet Content Host (ICH) duty to report (05) States & Territories Mandatory reporting by teachers and other professionals of child abuse

    10. Reporting internet content 1999 Internet content controls Citizens can report child pornography and other illicit content to Australian Broadcasting Authority (ABA) ABA can issue a take-down notice for Australian hosted material ABA reports overseas hosted material to content filter providers 3008 complaints 1 Jan 2000 to 31 March 2005 1516 child pornography hosted overseas (50.4%) 145 child pornography hosted in Australia (4.8%)

    11. ISP and ICH duty to report 2005 New telecommunications offence ISPs and Internet Content Hosts have a duty to report to the Federal Police child abuse material which they are aware can be accessed using their service Penalty $10,000

    12. State and Territory reporting obligations Mandatory for teachers and other professionals to report suspected child abuse Not always sufficient resources to investigate and respond Ongoing concern with pressure mounting in some jurisdictions for large scale inquiries into child protection

    13. Commonwealth investigation resources National unit Australian High Tech Crime Centre (AHTCC) Co-ordinated Operation Auxin (Operation Falcon in the US) Over 700 suspects, more than 400 search warrants executed, more than 200 arrests so far

    14. Commonwealth investigation resources 2005 New AFP unit Online Child Sexual Exploitation Taskforce (OCSET)

    15. Attorney-General’s ABA ACA DCITA NCPCH AIC NETALERT OFLC OCSET AHTCC ACC ACS Commonwealth agencies

    16. Child Welfare Dept Health Dept Education Dept AHTCC General police Child protection unit State and Territory investigations

    17. Investigation issues

    18. A turning point: Operation Auxin Operation Ascent (Avalanche) Staleness Low penalty levels Expertise needed Auxin National strategy Search warrant preamble Follow-up list

    19. Queensland Police Stings

    23. Investigation hurdles: Establishing who you are dealing with Anonymous services

    24. Offender tactics: Requiring photo, phone call, introductions to other children Detailed story verification Triangulation

    25. Threats: External photo libraries Transfer by portable devices Encryption, anonymisers

    26. Prosecution

    27. Prosecution

    28. Public awareness NSW Royal Commission Queensland Royal Commission Child welfare agencies Samantha Knight Queensland abduction case SA Magistrate (retrial ordered) NSW Supreme Court Judge

    29. Moral panic or malice Allegations against High Court Justice Kirby South Australian speaker’s allegations Community rejection of released child offenders District Court judge with the same name as a known offender

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