Senate debates

Wednesday, 27 November 2024

Bills

Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024; Second Reading

11:23 am

Photo of Malarndirri McCarthyMalarndirri McCarthy (NT, Australian Labor Party, Minister for Indigenous Australians) Share this | Hansard source

The Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024 strengthens protections for vulnerable persons involved in Commonwealth criminal proceedings. The measures in the bill were developed in consultation with community stakeholders, including victims and survivors and their advocates. The measures also reflect the feedback provided to the Senate Legal and Constitutional Affairs Committee and the committee's recommendations. I thank them for sharing their experience and expertise throughout the consultation process.

The amendments in the bill expand the circumstances in which vulnerable people who are involved in court proceedings as complainants or witnesses are afforded enhanced protections; make sexual reputation evidence relating to a vulnerable person inadmissible, and place greater restrictions on evidence relating to a vulnerable person's sexual experience; address barriers that may deter vulnerable people from giving evidence by introducing evidence recorded in hearings and allowing for that recording to be used in subsequent trials and retrials; and ensure that victims and survivors can speak out about their experiences, should they wish to do so, by clarifying that they may publish self-identifying information or give their informed consent to a third party such as a media organisation to publish that information.

These reforms better support victims and survivors engaged in the Commonwealth criminal justice system, whilst maintaining due process protections and ensuring that defendants continue to be tried fairly and impartially.

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