Libby Coker (Corangamite, Australian Labor Party) Share this | Hansard source

I am proud to be part of a government that is providing leadership and investment to address family, domestic and sexual violence. This leadership is epitomised in this bill which will strengthen protections for vulnerable Australians taking part in Commonwealth criminal proceedings, proceedings that often require victims-survivors to relive their trauma. This bill, the Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024, will take the burden off victims-survivors. It will ensure robust support for vulnerable individuals throughout the entire legal process by amending the Crimes Act and strengthening protections for vulnerable Australians in Commonwealth criminal proceedings to take the onus off the victims-survivors—victims-survivors who have suffered immense trauma, victims-survivors who would often rather stay silent than seek justice and victims-survivors from every corner of our nation.

We know that an estimated 736 million women—almost one in three worldwide—have experienced physical or sexual violence at least once in their lives. In Australia, as many as one in six women have been subject to physical or sexual violence since the age of 15. I know we are all deeply disturbed by the endless stories of women dying at the hands of their current or former partner, and we all acknowledge that one life lost is one life too many. Each death has devastating rippling effects across our communities. When a woman's life is taken from her, children lose mothers, parents lose children, brothers lose sisters and we lose our friends and our workmates. Family, domestic and sexual violence is not just a women's issue; it is an issue for everyone.

For all those brave women and all women across the nation I stand today to support this bill. Like our Attorney-General, I recognise and thank all victims-survivors who have advocated for this much-needed reform. These efforts build upon the extensive work undertaken by our government since taking office, leading national discussions on strengthening responses to sexual assault.

In the 2023-24 budget, our government announced $14.7 million to strengthen the way the criminal justice system responds to sexual assault, to prevent further harm to victims and survivors. This includes the Australian Law Reform Commission inquiry into justice responses to sexual violence, a lived experienced expert advisory group. Last August, our government convened the ministerial national roundtable. The Australian Law Reform Commission inquiry has now commenced. Pre-eminent Australian lawyers Marcia Neave AO and Judge Liesl Kudelka will conduct this inquiry, and their work is well underway.

This bill implements key recommendations from the 2017 final report of the Royal Commission into Institutional Responses to Child Sexual Abuse, with a particular focus on pre-recording of evidence. It also expands the range of offences covered by existing protections for vulnerable people in Commonwealth criminal proceedings, including crimes against humanity, war crimes and drug offences. It ensures adult complainants are able to access vulnerable witness protections for offences that occurred while they were children, recognising that it may take many years for victims and survivors to disclose their abuse. These amendments reflect the broad range of offences impacting vulnerable people.

Moreover, the bill introduces a range of significant measures to address the admissibility of evidence concerning vulnerable people—evidence that is very traumatising and often adversarial. Evidence about a vulnerable person's reputation with respect to their sexual activities will be made inadmissible. Greater restrictions are placed on sexual experience evidence, making it inadmissible except in limited circumstances and where the court grants leave. This type of evidence is ordinarily too far removed from evidence of the alleged crime for its admission to be in the interests of justice and can retraumatise vulnerable persons by victim blaming. A court will now need to be satisfied that sexual experience evidence is substantially relevant to the proceedings, and to consider whether its value outweighs any distress, humiliation or embarrassment to the vulnerable person.

This bill also addresses barriers that may deter vulnerable witnesses from giving evidence. The new measures allow for a vulnerable person to give evidence by way of video or audio recordings and for evidence to be recorded for use at subsequent proceedings. Importantly, witnesses will not be required to see the defendant when giving recorded evidence, and it will be an offence to intentionally copy, damage, alter, possess or supply recordings of the evidence. This bill is so important, and I'm so proud to be associated with it. I would like to thank the Attorney-General for acting to ensure that our criminal justice response to sexual violence is more compassionate and more just and will go some way to empowering vulnerable people and, hopefully, result in more victims feeling able to seek justice.

For too long, we have allowed an imbalance of power in this adversarial setting. The Attorney-General's bill finally addresses this flaw. It's time that victim-survivors are not put in a position where they have to relive their trauma. It's time we enabled vulnerable people to give evidence in a safe and controlled setting. This bill supports the voices of victim-survivors by ensuring they are empowered to speak out if they choose to do so.

This bill also makes it clear that the current restriction on publishing material that identifies another person as a child witness, child complainant or vulnerable adult complainant in a proceeding does not apply to a person who publishes material that identifies themselves. This bill will also remove the requirement for the proceedings to be finalised before such a publication may occur and clarifies the law that there is no restriction on identifying a vulnerable person who is deceased. These amendments not only ensure victims and survivors are able and supported to speak out, should they wish to do so, but also present an opportunity for the public to gain a better understanding of sexual violence from the perspective of victims and survivors. Most importantly, these changes give victims and survivors back their voice.

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Most importantly, these changes give victims and survivors back their voice, as well as the agency and power to control their own stories and experiences. Limiting this provision to victims-survivors balances providing a legal mechanism to support them to speak out with preserving the ability of victims and survivors to maintain privacy. These reforms will progress the work of the government under the National Strategy to Prevent and Respond to Child Sexual Abuse 2021-2030, and the Standing Council of Attorneys-General's Work Plan to Strengthen Criminal Justice Responses to Sexual Assault. Through strengthening protections and enhanced safeguards, this bill is an important step towards creating better outcomes for vulnerable persons in Commonwealth criminal proceedings.

I have been passionate about this issue for many years. I was proud to be Mayor of the Surf Coast Shire when, in 2010, our council voted to introduce paid family and domestic violence leave for its staff. The agreement was hailed as a world first and the most progressive workplace agreement on family violence at that time. I'm proud that our government has ensured this entitlement now applies to all employees across Australia, regardless of their type of employment.

The Albanese government, through this bill, is continuing to champion innovative and impactful measures to address issues as critical as sexual assault and domestic violence. As we move forward with these legislative reforms, we are not just legislating legal change; we are taking significant steps towards fostering a society that prioritises the wellbeing and dignity of its people, who deserve justice.

By empowering victims-survivors we not only offer support but also amplify their voices, ensuring they have control over their narratives and experiences. By integrating these measures into a broader framework of national strategies we're fostering a cohesive and united effort to strengthen our criminal justice responses to sexual assault. This not only seeks to prevent further harm to victims-survivors but also endeavours to transform the way we approach and respond to sexual assault within our society.

The commitment to sensitivity, protection and empowerment enshrined in this legislation reflects our collective dedication to building a safer and more just nation. As we roll out these reforms, it's my hope that they serve as a beacon for change across our states and territories, demonstrating the positive impact of legislative measures grounded in empathy and respect for the survivors of sexual assault. Together we can continue to build a global community where justice is compassionate, survivors are supported and the prevention of sexual assault is at the forefront of government efforts. In essence this bill represents a vital stride towards a more compassionate and effective legal system. I commend this bill to the House.

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