Anthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | Hansard source

Thanks, Senator Scarr. I know that you take these matters very seriously and thoroughly in the process in your role on the committee as well. The government is committed to supporting vulnerable people who are complainants or witnesses in Commonwealth criminal proceedings. The bill builds on the extensive work of the Australian government leading a national discussion on strengthening criminal justice responses to sexual violence. The bill implements trauma informed measures that better support vulnerable persons when appearing as complainants and/or witnesses in Commonwealth criminal proceedings whilst maintaining appropriate criminal procedure safeguards.

I'd like to thank the Senate Legal and Constitutional Affairs Committee for their detailed consideration of the bill and the range of academics, legal experts, advocacy organisations and others who have dedicated their time and expertise to providing feedback through that process. The committee tabled its report in April of this year. It made four recommendations. The committee recommendations are that government undertake further consultation on the provisions in the bill concerning the admissibility of sexual experience evidence, broaden the right to an interpreter to include vulnerable persons with intellectual disabilities or other communication difficulties and clarify the interaction of and different protections available to vulnerable adult complainants and child complainants. The committee also recommended recommendation 4, that the bill be passed subject to the first three recommendations.

The government accepts all of the committee's recommendations and is progressing amendments to give effect to those recommendations. Senator Scarr made two further recommendations of amendments to the bill, which are that the bill prohibit unrepresented defendants from being able to cross-examine complainants and provide additional safeguards around the use of audio-only recordings as evidence. The government accepts these recommendations from Senator Scarr. These are also addressed through amendments the government is bringing forward. Senator Scarr made three further recommendations that go to the information to be provided to the Attorney-General's Department, which the department has responded to, and further matters that could be considered by the Australian Law Reform Commission and how the government should respond.