29^th February 2008 

Children Need Protection From Adult Material

Says Rev Nile

During question in Parliament yesterday, the Rev Hon Fred Nile MLC, Leader of the Christian Democratic Party, raised community concern over the classification of violent and sexually explicit material that could be viewed by NSW Children.

Reverend the Hon. FRED NILE: I ask the Attorney General a question without notice. Is it a fact that extremely violent and sexually explicit video and computer games encourage violent behaviour, school shootings and teenage suicides? Will the Attorney General give an assurance that this material will remain on the refused classification category and not be sold or hired in New South Wales? Will he also give an assurance that the New South Wales Government will oppose any attempts to introduce a new R-rated category for these violent video and computer games to prevent them being viewed by children who are exposed to them by irresponsible adults?

The Hon. JOHN HATZISTERGOS: The scheme for the classification of films, publications and computer games is a national, co-operative scheme. The Commonwealth Classification (Publications, Films and Computer Games) Act 1995 establishes the classification authorities—the Classification Board and the Review Board—and provides the framework and guidelines for the administration and making of classification decisions. The criteria to be applied by the boards when making decisions are set out in the classification code and guidelines, and changes to the code and guidelines must be agreed to by all jurisdictions. That is what the legislation says. However, the previous Coalition Government decided to unilaterally change the code and guidelines at one point, notwithstanding the fact there was not concurrence.

I can confirm that at the next meeting of the Standing Committee of Attorneys-General in March 2008—to be held in the Barossa Valley, in South Australia—Ministers from each of the States and Territories as well as the Commonwealth will discuss whether amendments should be made to the code and guidelines to introduce an R18+ rating for computer games. Unlike films, computer games currently can only be classified G, PG, M or MA15+. Games that are considered by the Classification Board to contain material that is outside the scope of an MA15+ rating are refused classification. When a game is refused classification, it is unlawful to sell or publicly demonstrate it anywhere in Australia. There are complex arguments for and against the introduction of an R18+ classification for computer games. At this point in time I have not seen any specific proposal beyond what has been discussed in the newspapers by the Minister for Home Affairs.

Reverend the Hon. Fred Nile: Do you propose a change?

The Hon. JOHN HATZISTERGOS: I have indicated what is the position. However, I have previously put proposals to strengthen the code and guidelines, particularly in relation to banning material that advocates terrorism acts. The former Federal Attorney-General agreed to my proposal, as did the relevant Ministers from all the States and Territories, and a discussion paper was released and a number of submissions were made. I proposed that there be a change to the code, but ultimately the code was not amended in the way I had proposed: the former Federal Government passed legislation to facilitate the change unilaterally.

I do not know where this matter will end up. Hopefully there will be a cooperative decision in relation to the way forward. I will no doubt be looking at these issues very closely. My general position, however, in relation to matters of this kind is that is considerable material out there, particularly of the kind Reverend the Hon. Fred Nile refers to. I am not sure there needs to be some sort of expansion of the material that is available beyond what is already required, but I will look at all the arguments that are put.