Mr NATHAN HAGARTY (Leppington) (13:42): I speak on the Crimes Amendment (Animal Sexual Abuse) Bill 2025. This bill, as amended in the other place, represents a carefully balanced and significant modernisation of criminal law in relation to the sexual abuse of animals. It closes longstanding gaps that have allowed what is nothing short of abhorrent conduct to go unpunished, while ensuring that the law does not overreach or capture legitimate activities carried out in good faith. It will also modernise the law to ensure that offences involving the internet and other modern technology are captured.
As the member for Bankstown did in his contribution to this debate, I acknowledge the work of the Hon. Emma Hurst. In a perfect world, we would not have to think about such things as this bill deals with, but we have heard examples of the unthinkable happening. It has taken her commitment and strength to say that this is happening and it is something we must deal with, whether we find it palatable or not and whether we want to think about it or not. As leaders in this place, we must deal with difficult subjects. Where appropriate, we must change laws and create laws to deal with them.
For too long the laws around this issue have been antiquated. The definition no longer reflects contemporary community standards and our modern understanding of animal welfare. The old approach failed to recognise that cruelty and exploitation can take many forms, not just one or two narrowly defined acts, as the existing legislation has them. That has created serious challenges for investigators and prosecutors. In some cases, incredibly graphic and deeply troubling behaviour could not be prosecuted because, unfortunately, it did not fit within the strict legal definition of those offences. Thankfully, this bill will change that. It will create a clear and comprehensive definition of conduct that constitutes sexual abuse of an animal and ensure that all such behaviour can be properly investigated and prosecuted. In doing so, it sends a clear message saying that animals are not objects or property but rather are sentient beings capable of suffering and, as such, deserve protection under the law.
An amendment will ensure that there is a distinction between the most serious forms of sexual abuse and lower forms, of sexual contact or touching. Originally, all conduct would have been grouped under a single offence carrying the maximum penalty. That approach risked unfairly treating different levels of wrongdoing in the same way. The amended bill now creates a more proportionate structure, which aligns itself with other, similar offences in the Act.
I will address one other concern that has been raised with me, and that is that there are safeguards for legitimate practices. It is important that certain things are not criminalised, such as acts carried out in good faith for veterinary care, animal husbandry, agricultural practices, scientific research and hygiene. The bill also exempts actions taken to assist animals during birth or to protect their health and wellbeing. As we heard in many contributions today, this strikes an appropriate balance. It is a good example of members of this place and the other place who are not from a major party working together and getting to an area where we can thankfully know that our furry little friends will be further protected. With that, I commend the bill to the House.
