Opposition Leader Sussan Ley is calling for mandatory minimum prison sentences for child exploitation offenses. This demand comes as the Coalition aims to create a divide with the Labor Party on an issue that Labor has historically opposed but recently softened its stance on before the federal election.

Ley's comments were prompted by a recent case in Victoria, where a parent received a four-year and nine-month prison sentence for sexually abusing their five-year-old daughter on at least 19 occasions and producing child abuse material. The sentence included a non-parole period of two and a half years. Ley stated, "If a parent abuses their child 19 times and only receives a two-and-a-half year prison sentence, the system is broken and needs to be fixed immediately."

She added, "When a monster abuses a five-year-old child, yet is then free to roam the streets of Victoria when that poor child hasn't even turned eight, that is not justice — it is a betrayal."

The case has sparked outrage in political circles, particularly because the judge acknowledged the parent's reduced moral culpability due to their gender transition from male to female. The parent, referred to as Maloney, was found to have shared child abuse material with a pedophile overseas. Judge Nola Karapanagiotidis noted that Maloney had been manipulated and coerced by the offender.

In her sentencing remarks, Justice Karapanagiotidis stated that Maloney was "much less able to make objectively the right and healthy choices" due to feelings of loneliness and vulnerability. She also considered the potential hardships Maloney might face in prison as a transgender individual. The judge remarked, "I do accept that your moral culpability, which I would otherwise assess as high, is reduced by reason of these factors."

The Women's Forum Australia, an anti-trans think tank, has called for a review of the case, arguing that it could encourage offenders to identify as transgender to receive lighter sentences. Maloney's sentence was also mitigated due to a guilty plea, being a first-time offender, relative youth, and prospects for rehabilitation. The effective non-parole period for the Commonwealth offenses of producing and distributing child abuse material was set at six months, following a two-year non-parole period for the other offenses.

The Coalition argues that the sentence is insufficient given that the crime carries a maximum penalty of 15 years in prison. Shadow Attorney-General Julian Leeser stated, "Those who abuse children should expect to do serious time behind bars. I think every parent in Australia would agree with me." He plans to write to the attorney-general to seek support for addressing this issue.

This shift in the Coalition's approach marks a departure from former opposition leader Peter Dutton's more cautious stance, where he largely avoided the topic. The current demand places additional pressure on the Albanese government to reconsider its party platform. Labor's national platform explicitly opposes mandatory minimum sentences, arguing that they do not effectively reduce crime and can lead to unjust outcomes.

Despite this, Labor has previously agreed to Coalition demands for mandatory minimum sentences in the context of hate crimes, following a series of antisemitic incidents. The federal government introduced laws requiring minimum terms for terror and hate crimes, as well as restrictions on displaying Nazi symbols. This decision was met with criticism from the legal community, including the Law Council of Australia, which expressed disappointment, stating that mandatory sentencing laws could disproportionately affect vulnerable groups and undermine the right to a fair trial. The council's president, Juliana Warner, emphasized that such laws limit judges' ability to impose just penalties based on the unique circumstances of each case.