A push to jail priests who fail to report suspected child abuse when its revealed through confession has been called "unnecessary" and "discriminatory" by South Australia's Attorney-General.

Key points: Calls for tougher laws on priests who fail to report child sex abuse in SA

Calls for tougher laws on priests who fail to report child sex abuse in SA A new bill would mean priests could face up to five years in prison if caught

A new bill would mean priests could face up to five years in prison if caught It will also aim to close a loophole in the new law coming in next month

From October 1, South Australia will become the first state where priests will be legally obliged to report any confessions of child sex abuse.

If they don't they could receive a $10,000 fine.

SA Best has put forward a new bill to Parliament which would mean priests could face up to five years in prison if they failed to report suspected child sex abuse.

It would also close a loophole that allows future governments to remove priests from the list of people required to report such abuse.

SA Attorney-General Vickie Chapman said any changes to the regulations to be introduced next month would be "unusual" and if priests were brought into question, why not teachers, nurses and social workers as well.

"On the face of it, the first aspect is unnecessary, and the second aspect is discriminatory just against ministers of religion," she told the ABC.

"That wouldn't be something that we would endorse because if a law is to be equal, everyone is to be equal before the law."

SA Best MP Connie Bonaros said tougher laws were needed, and if the party's new bill passed, it would also be a crime for priests to fail to report other crimes against children including murder and incest.

"The bill is aiming at closing a loophole in legislation which puts at risk mandatory notification requirements for priests who hear confession," she told the ABC.

"We know up until now priests who hear confessions have always been exempted from mandatory notification requirements.

"Last year state Parliament introduced the bill which lifted that exemption, however it was done by regulation, which means that this Government or any other government could come back and re-insert the exemption that applied to the confessional."

The new bill would mean priests could face up to five years in prison if found to conceal suspected abuse heard in confession. ( Reuters: Carlos Jasso )

She said the bill was about protecting children but also aimed at making sure there was no "escape clause" for priests in the future.

"We know that the recommendations of the Royal Commission were very clear about closing that loophole and South Australia will be the first jurisdiction to do that," she said.

"But we need to make sure that there's no escape clause and that's really what this bill does.

"It imposes a maximum penalty of five years for those priests who blatantly disregard the obligations they are under in terms of mandatory notification."

Ms Bonaros said tougher penalties would mean the church couldn't cover up potential cases of child sexual abuse.

"I don't know how many people today go to church and confess child sexual abuse, but we know that in the past, in the last two or three or four decades there have been literally thousands of cases involving this very matter," she said.

"My issue with it is that each and every time, someone within the church's institution, confessed their sins to a priest, they were absolved of their sins and there was no further action.

"There was lots of cover ups but there was no further action… ultimately those who paid the price were the victims of that abusing."

She said the bill was introduced to Parliament last Wednesday and she hoped to bring it to a vote in the next few weeks of sitting.

South Australia already a leader

Attorney-General Vickie Chapman said it would be "extremely unusual" for any regulation changes to be made by future governments and the laws which will be in place next month will not discriminate against any person obliged to report abuse.

"There are two proposals that we've seen, one is to increase a sentencing option just for ministers of religion, that is something that SA Best need to explain as to why teachers, nurses, social workers and everyone else who has a mandatory obligation shouldn't have the same penalty," she told the ABC.

"That would be extremely unusual and not something that we would advance without it being applicable to all classes of persons.

"The second matter is an attempt to, they say, prevent any future government issuing some regulatory opportunity for confessions to be protected."

Ms Chapman said South Australia had led the country in relation to this reform and as it stood, any changes would not be introduced.

"If there is any weakness at all in relation to the regulation-making power, obviously we are always prepared to look at that, but to date the proposed regulatory restriction adds nothing to what we've already advanced in this law reform," she said.

"From our perspective, anyone who breaches the law, whether they are a teacher, nurse, social worker, police officer, anyone who is on the list, will be treated equally."

Church refuses to break confessional seal

The Royal Commission into Child Sexual Abuse recommended that "persons in religious ministry" should not be exempt from reporting information disclosed during confession, but last month the church issued a response saying it would not support the measure because it could make children less safe.

The news laws will come into effect from next month in South Australia, and from next year, priests in the ACT will also be required to break the seal of confession if someone admits to child abuse.

The Catholic Church said it would not change its secrecy rules because it was contrary to its faith.

"This is because it is contrary to our faith and inimical to religious liberty," the Australian Catholic Bishops Conference (ACBC) and Catholic Religious Australia (CRA) said.

"We are committed to the safeguarding of children and vulnerable people while maintaining the seal.