The six ACT Supreme Court judges: Verity McWilliam, Chrissa Loukas-Karlsson, Louise Taylor, Lucy McCallum, David Mossop and Belinda Baker. Photo: Albert McKnight.
While a year of “blood, toil, tears and sweat” may be in store for those who work in the ACT’s courts, the Territory’s justice system has recently seen changes that aim to improve how the system operates.
At a ceremonial sitting to mark the start of the 2024 legal year ACT Supreme Court this week, Attorney-General Shane Rattenbury said the court system had adjusted to and had overcome challenges over the past four years.
He said Canberra was a progressive city as, for instance, it had taken steps to improve the criminal justice system, such as raising the age of criminal responsibility to 12.
He also said in the coming months, the Territory would see its first dedicated legal service for victim-survivors of sexual violence. This will provide them with support at all stages of the legal process, such as engagement with police and post-sentencing support.
The Women’s Legal Centre ACT and Victims Support ACT had developed a proposal that was selected as part of a national pilot of specialised and trauma-informed legal services for sexual assault victim-survivors.
Mr Rattenbury also said advocates have had an important impact on the justice system in recent times.
He said the advocates behind the Your Reference Ain’t Relevant campaign, which has fought to remove good character references in the sentencing for child sex offenders, had started a conversation about how character references should be used. He has asked the justice committee to examine if such reform was needed.
Also, due to the advocacy by 2021 Australian of the Year Grace Tame, the ACT has changed the wording of the charge ‘maintaining a sexual relationship with a child’ to ‘persistent sexual abuse of a child’.
Mr Rattenbury said this was important as it removed the term ‘relationship’, which implied consent. He said the amendment ensured the language in the Territory’s legislation did not “sanitise” sexual violence.
Shane Rattenbury spoke about the importance of advocates to the justice system. Photo: Michelle Kroll.
The Attorney-General said he had met with Sarah Williams from the What Were You Wearing campaign, a not-for-profit that aims to end sexual violence.
Last year, Ms Williams met politicians to discuss amending the Territory’s Responsible Service of Alcohol (RSA) training so there are dedicated sections on drink/needle-spiking and sexual violence. Mr Rattenbury said further policy work was now underway.
Last, Mr Rattenbury talked about the Liquor Amendment Bill 2023 which would require venue operators to retain security camera footage for 30 days to assist investigations and the court process should a crime occur.
This reform was spurred by Eliza Wilson, whose sexual assault investigation had to be dropped because the nightclub where she was attacked by a stranger in 2021 didn’t keep the footage.
“Advocates will continue to be a catalyst for change,” Mr Rattenbury said.
Acting Chief Justice David Mossop, who is currently filling in for Chief Justice Lucy McCallum, spoke to the lawyers in the ceremonial sitting, quoting Winston Churchill by saying “I’ve nothing to offer but blood, toil, tears and sweat”.
He said those present may think that was a “bleak” tone to use, and “it may, I accept, be appropriate to leave out the reference to blood”, but Acting Chief Justice Mossop noted that much of the court’s work was, “to say the least, unglamorous”, but it was “work that matters”. “Real people” were affected by its work, he explained.
He also said two important points he wished to talk about were how “respect for the court system must be earned” and “civility and rationality are key attributes for the court system”.
Mr Rattenbury also welcomed the most recent magistrate appointed to the Magistrates Court, Alexandra Burt, and acknowledged the passing of former president of the ACT Civil and Administrative Tribunal, Graeme Neate AM. He described Mr Neate as a dedicated and kind leader.
Loading ...
