Larissa Waters (Queensland, Australian Greens) Share this | Hansard source

I rise to speak to the Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024. The Greens welcome the reforms in this bill, which seek to strengthen protections and criminal justice outcomes for victims-survivors of sexual violence, particularly women and children. We support the changes that will enhance protections for vulnerable witnesses, make sexual reputation evidence inadmissible, and place greater restrictions on sexual experience evidence. The way that this sensitive and personal information has been weaponised and used to perpetuate rape culture and victim-blaming is completely unacceptable, and every survivor knows it. I'm relieved this is finally being recognised and fixed.

We know that too often the criminal justice system is not safe; in fact, it's re-traumatising for victims-survivors. There is a reason the statistics are that only about five per cent of sexual assaults are taken to court. Victims know they will face trial again and it's themselves who will be put on trial, not the perpetrator. This bill is taking a small step to addressing some of those concerns, which I welcome, but there's still a lot more work to be done. I am pleased that the reforms in this bill will enable victims-survivors to give evidence remotely, to reduce the potential trauma of being in the same room as the perpetrator and allow victims-survivors the space to give the best evidence they can in the most comfortable situation for them. That is a good step forward.

But so much more is needed to make the criminal justice system safe for victims-survivors of sexual violence, and the Greens agree with Women's Legal Services Australia, who say:

The failure to provide adequate protections and safeguards for complainants and witnesses, particularly during cross-examination, is a significant barrier to victim-survivors reporting sexual, domestic, and family violence and abuse, and engaging in criminal legal processes.

We believe this bill should be further amended to completely ban personal cross-examination of a victim-survivor by the accused. In 2019 the Family Law Act was amended to ban cross-examination, and it's the same protection that deserves to be afforded to victims-survivors, which is why I'm foreshadowing a second reading amendment in my name to that effect. I note that the government has heard those concerns and taken that onboard. I understand it will be moving some committee-stage amendments to do exactly that, and I say thank you.

The Greens joined Full Stop Australia, Sexual Assault Services Victoria and Women's Legal Services Australia to ask the government to establish a properly funded intermediary scheme and ground rules hearings as soon as possible. This would involve providing broader communication support to complainants and witnesses in cases involving sexual violence. This is needed because, in these cases involving trauma, it can be extraordinarily difficult at the best of times to communicate effectively. We know trauma can impact the victim-survivor's ability to recall details or recount events in a linear fashion within a timeframe that suits the justice system rather than the survivor, and it can result in things like memory gaps and, sometimes, differences between accounts.

On that note, this is exactly why we need ongoing and regular trauma training for judges and for all of the personnel involved in the criminal justice system—so that the victim blaming and the rape culture can stop. We know it's still there, and we're taking steps in that regard, but that is precisely why we need a trauma informed approach. That training is absolutely crucial. I don't just mean one hour once; it has to be regular and it has to change the culture of the justice system. Victims have for too long been blamed for what's happened to them. It's exactly why justice isn't delivered, and we've got to fix that, as well as preventing the sexual violence from happening in the first place, through deep cultural change.

I'd like to reiterate the need for proper funding for independent legal representation for sexual assault survivors in criminal trials. Community legal centres and legal aid need far more support for the work that they give to people, and that funding really should be accompanying the changes made in this bill to make sure that these new protections for vulnerable witnesses can actually be used. It's great to have an improvement to somebody's rights on paper, but if they don't know about that change, or if they don't have the legal assistance to help them use the new rights, it's hardly going to improve their situation. The women's safety sector has been calling for $1 billion each year to meet demand for family, sexual and domestic violence, but one in four women who seek help are still at risk of being turned away because the funding is inadequate. This is not the first time I've said this. I've been making this point for nigh on 10 years now. The reforms in the bill are important, but if they are to help dismantle Australia's culture of sexual violence they have to be backed by full government funding of frontline services and legal assistance.

I foreshadow that I will move the second reading amendment standing in my name, but I just want to give a shout-out to the survivors of sexual violence everywhere. We see you and we hear you, and this parliament will try to help you. We know we've got a long way to go, but I'm really pleased that there's enough support in this chamber to make some positive changes today.