Law change could be 'unfair'

A Wairarapa solicitor worries proposed legislation to keep suspected child abusers away from children could be unfair.

New Child Harm Prevention Orders against people considered to be a risk to children are among several changes, under the Vulnerable Children Bill, announced by Social Development Minister Paula Bennett earlier this week.

District and High Court judges will be able to impose an order for up to 10 years on people who are tried for serious offences against children such as incest, sexual grooming or sexual violation, even if they are not convicted of the offence.

Jock Blathwayt said the orders could operate "very unfairly" with a person being treated as being a child abuser without ever having that proved.

"It's a very bold Government ... because where do you stop? what other legislation can you do before anyone's been convicted, of drink-driving can you get an order that they can never drive? where's it going to stop?

Mr Blathwayt said he doubted the orders would make any difference to behaviour.

"I think it's appealing to a certain part of the community who wants to clamp down on these things, which obviously we all do, but I'm not sure that it's the right way to do it."

But Masterton sexual abuse counsellor Raewyn Woodhouse supported the new measures.

"Where there is evidence that a person is a risk to children they should be prevented from being around children until proven innocent.

"[We need to] start doing something to protect our children and give the child some rights."

A spokeswoman for Paula Bennett said the orders could apply to someone who, "on the balance of probabilities", could be guilty of child abuse.

"It may be someone who has had a history of concerning behaviour that has not reached the level of conviction.

"They may not have the evidence to have convicted that person but police may believe ... they may have been responsible," she said.

She said there would be a high threshold for judges to adhere to and people could appeal the orders.

The orders would be individualised and could prevent a person from living or working with children, they could also include restrictions on where the person lives.

This could "quite possibly" mean suspected child abusers would be prevented from living near schools and childcare centres.

Some will be prevented from going to parks or public swimming pools, or other places children gather.

The changes to child protection laws will also mean a parent who has been convicted for killing or abusing an infant or child, or who has had their child removed after abusing them, will have to prove to the Government they are fit to parent more children.

Until now the state had to prove the parent was unsafe.

The legislation will include stronger vetting and screening of those working around children, which will affect up to 376,000 staff.

The changes are expected to be introduced within the next month.