Government asks Law Reform Commission to investigate justice responses to sexual violence

The Federal Government has asked the Australian Law Reform Commission (ALRC) to conduct an inquiry into justice responses to sexual violence to improve the experience of victims and survivors.

The inquiry will be an essential part of the government’s 2023-24 Budget commitment to strengthen criminal justice system responses to sexual assault and prevent further harm to victims through the justice process.

Attorney-General Mark Dreyfus has appointed Marcia Neave AO and Her Honour Judge Liesl Kudelka of the District Court of South Australia as part-time Commissioners to lead this inquiry.

Ms Neave is a Fellow of the Academy of the Social Sciences in Australia and the Australian Academy of Law. She has served as a judge, commissioner, public policy maker and academic, Commissioner of the Victorian Royal Commission into Family Violence, and President and Commissioner of the Tasmanian Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings.

Judge Kudelka served as a Member of the Legal Practitioners Disciplinary Tribunal and as a Barrister of the Independent South Australian Bar, and in 2017 was appointed to the District Court of South Australia.

“Ms Neave and Judge Kudelka bring a wealth of expertise in law reform and justice responses to sexual violence,” Mr Dreyfus said.

“All too often, seeking justice adds to the trauma experienced by victims and survivors. This inquiry will look at how we can improve victims’ and survivors’ experiences in the justice system by examining relevant laws and legal frameworks, justice sector practices, support for victims and survivors, and transformative approaches to justice.”

Minister for Women Senator Katy Gallagher added, “We consistently hear from women about the issues that affect them – and sadly, sexual violence is raised all too often as something that impacts women’s lives.

“Seeking justice shouldn’t add to the trauma for victims and this inquiry will look at ways to not only strengthen sexual assault laws but to improve the outcomes and experiences for victims and survivors.”

Minister for Social Services Amanda Rishworth said the government was committed to ending family, domestic and sexual violence.

“Our National Plan to End Violence Against Women and Children elevated sexual violence as something to be considered and addressed in its own right,” she said.

“We know one in five women in Australia has experienced sexual violence since the age of 15. We want to ensure they are not re-traumatised by processes and systems in place they access when seeking justice.

“We must keep victims and survivors at the centre of all our responses in this space and I’m pleased this inquiry will help to improve outcomes and experiences when interacting with the justice system.”

The ALRC is due to report by 22 January 2025.

The Women’s Legal Services Australia (WLSA) welcomed the announcement. It said that while the Terms of Reference for the inquiry address a critical need to reduce the harm and re-traumatisation of victim-survivors, they fail to take into account connections between sexual assault and family violence.

WLSA Executive Officer Lara Freidin said the ALRC had an immense job ahead of it to make the criminal justice system safe and supportive for victim-survivors and to look at how alternatives to criminal prosecutions can be strengthened and victim-survivors provided with more options.

“The ALRC has the opportunity to drive system reform and cultural change that transforms our current system into a safe and supportive one for victim-survivors,” she said.

“A better system will mean more perpetrators are convicted, and fewer victim-survivors are harmed and re-traumatised in the process.

“The biggest gap in today’s announcement is the lack of an explicit focus on the connection between sexual assault and family violence,” she added. “Women often experience sexual assault alongside family violence, and we hope this inquiry will have a dedicated focus on connecting the dots between different forms of violence against women.

“Nothing short of fundamental change will be acceptable.”