Graham Perrett (Moreton, Australian Labor Party) Share this | Hansard source

Way back in 2013, a long time ago, when tigers used to smoke, as my Korean community says, as the Chair of the House of Representatives Standing Committee on Social Policy and Legal Affairs I delivered a report, Troubled waters, on an inquiry into the arrangements surrounding crimes at sea. The scope of that inquiry included examining whether improvements could be made in relation to the reporting, investigation and prosecution of crimes committed at sea. The horrendous death of Queensland woman Diane Brimble on a cruise ship—

A division having been called in the House of Representatives—

Sitting suspended from 10 : 55 to 1 1:05

The horrendous death of Queensland woman Dianne Brimble on a cruise ship back in 2002 has not been forgotten by many of us. As I reflect on this enduring tragedy, I am pleased to be able to stand in support of the Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024—and I'll give a quick shout-out to Mark Brimble, who has done so much advocacy work when it comes to crimes at sea, both around Australia and internationally.

This bill amends the Crimes Act 1914 to strengthen protections for vulnerable persons involved in Commonwealth criminal proceedings, including crimes committed at sea in Australian waters. The Albanese Labor government has led a national discussion on strengthening criminal justice responses to sexual assault to prevent further harm to victims and survivors. In the last budget, we announced the investment of $14.7 million towards this goal. Moreover, $6.5 million over four years has been directed to the Attorney-General's portfolio as part of the Albanese government's commitment to work with the states and territories on the Work Plan to Strengthen Criminal Justice Responses to Sexual Assault 2022-2027 and the National Plan to End Violence against Women and Children 2022-2032—important, methodical work that will improve our justice system.

We must do better by our victims and survivors. Labor is committed to preventing further harm to victims and survivors and minimising the retraumatisation that they experience as they move through the criminal justice system. The amendments in this bill are a key part of this work. These reforms were, in part, informed by extensive consultation with victims, survivors and their advocates. We all thank them for their bravery in sharing their stories and the contribution that they have made to strengthening the way the criminal justice system responds to sexual violence.

At the core of these reforms are trauma-informed measures that better support vulnerable victims and survivors throughout their journey as complainants or witnesses through our criminal justice system. Trauma-informed care means all levels of an organisation or a system understand trauma and how it impacts on individuals, families and communities. Trauma-informed care recognises the science of trauma and understands how best to respond and develop strategies and systems that decrease the potential for the retraumatisation of vulnerable people.

The effects of sexual assault can be devastating to victims and survivors and their families, and these ripples can extend for many, many decades after. In the immediate aftermath of an assault, people may feel shock, fear and numbness. If they make a report to police, victims and survivors are then asked to relive their assault and face challenging and intrusive questioning; that is obviously good for justice but horrific for the individual—and sometimes also, sadly, not good for justice. In some cases, it may feel as though they are under investigation; they can feel deep shame, and they can be retraumatised. In many cases, this continues as the individual moves through the criminal justice system, repeating their story time and time again and then being questioned about it. So, with these experiences in mind, it is not hard to see how the effects of sexual assault can be cumulative, long-lasting, complex and completely detrimental to the wellbeing of victims and survivors. It is crucial that the criminal justice system provides trauma-informed support for all involved and is victim-and-survivor-focused, every step along the way.

This crimes amendment bill implements several outstanding recommendations regarding the pre-recording of evidence from the 2017 final report of the Royal Commission into Institutional Responses to Child Sexual Abuse. These recommendations focused on ensuring 'the complainant is given a good opportunity to give their "best evidence", meaning the most complete and accurate evidence the complainant is able to give'. This supports vulnerable people to give evidence via video or via audio recording, removing them from the confrontation of the court environment.

Under this bill, evidence, such as cross-examination, can be recorded for use in subsequent trials or retrials, removing the necessity for victims and survivors to provide evidence on numerous occasions, and stopping them from having to recount the assault, or assaults, over and over again, because replaying horror repeatedly and actually be doing the work of the perpetrator over again. Additionally, recorded evidence means complainants and witnesses are not confronted with having to face the defendant in court. Any recorded evidence will also be protected by measures to stop copying, alteration or distribution. Defendants are able to access the recorded evidence as per due process. A fair trial is an important part of the rule of law. Obviously some shock jocks and division-hungry politicians want to convict only on what is written in the Courier-Mail or the Daily Telegraph, but sensible Australians believe in justice. Providing a safe and controlled environment in which to provide evidence, and to only provide it once, is less confronting and traumatising for victims and survivors.

This bill supports victims and survivors by expanding the range of offences covered by the scope of existing protections for vulnerable people in Commonwealth criminal proceedings. The offences now include crimes against humanity, war crimes and drug offences involving children. The bill also includes measures regarding the admissibility of evidence about vulnerable people. It makes evidence about adult victims and survivors sexual reputations inadmissible and puts more restrictions on evidence relating to sexual experience. Rehashing such evidence can retraumatise vulnerable persons by victim blaming, leading to further trauma through being judged and humiliated. In most cases, information about sexual experience has no bearing on the evidence of the alleged crime.

Crucially, this bill ensures that victims and survivors can speak about their experiences should they wish to do so—I'll stress that: should they wish to do so—by either publishing self-identifying information or by providing consent to a third party such as a respectable media organisation to do that publication. Such publications would be able to be made before legal proceedings are finalised. These amendments give victims and survivors a measure of agency to take back control—the informed choice and opportunity to share their own story and experience if they are ready, willing and able to do so. Another benefit is the opportunity for the public to learn and understand more about victims and survivors, their stories and the impact of the experience on their lives. It is important to note that this provision preserves the ability for victims and survivors to maintain their privacy if that is their preference.

The bill also ensures that adult complainants are able to access vulnerable-witness protections for offences that occurred while they were children. This recognises that, for some victims and survivors, it may take a considerable number of years to disclose abuse or to reach a stage when they have a capacity to engage with the criminal justice system, for many different reasons. I remember my wife, who has worked in this area, interviewing witnesses before they appeared before the royal commission into institutional child abuse, and talking to an 80-year-old woman about something that happened when she was six. She could see the child in front of her even though it was an 80-year-old woman. Sometimes people take a long time to come forward to seek justice. This reflects the complex and cumulative nature of the effects of sexual assault and that there is not one size that fits all or one rule of thumb for how victims should or must behave. The only commonsense rule is that individuals choose their own way to survive and to respond.

The range of amendments in this bill sadly reflects the numerous potential consequences for victims and survivors and the potential for ongoing vulnerability in different aspects of their lives. While focusing on limiting retraumatisation of victims and survivors, the reforms ensure that due process protections are maintained and that defendants continue to be tried fairly and impartially—that's always important. Improving the experience of victims and survivors of sexual violence in our justice system is an ongoing area of advocacy. I want to express my appreciation to all the victims-survivors, their allies and their lawyers who have worked in this space and continue to do so. The Albanese government has asked the Australian Law Reform Commission to inquire further into justice responses to sexual violence in Australia. This process is now underway. The inquiry is supported by a lived experience expert advisory group. We deeply respect and honour their voices. They will help ensure the laws that emerge from this building have exactly the right settings.

Labor is committed to strengthening and harmonising sexual assault and consent laws, and to improving outcomes and experiences for victims and survivors in our justice system. Providing trauma informed support and a secure victim- and survivor-centred experience at all stages of the criminal justice process helps ensure vulnerable persons are treated with sensitivity. It will also decrease the risk of retraumatisation and will have a positive impact on victims and survivors in their journeys to healing. This bill has my full support.

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