❓ The Attorney General provides an update on the Law Reform Commission and the Commissioner for Victims of Crime's reviews into sexual offence laws and processes, highlighting their aims to improve justice outcomes and support for victim-survivors. The reviews' findings will inform the development of a sexual violence prevention and response strategy.
AnsweredQoN 178Legislative Assembly
QuestionView source ↗
SEXUAL
OFFENCE LAWS — REFORM
178. Ms C.M. ROWE to the Attorney General:
I
refer to the McGowan government's commitment to ensuring Western Australia's
sexual offence laws are fit for purpose.
(1) Can the
Attorney General update the house on the review of sexual offending laws and
processes in Western Australia currently being conducted by the Law Reform
Commission?
(2) Can the
Attorney General inform the house how this important review will ensure the
best support and protection is provided to victim–survivors in Western Australia's
justice system?
OFFENCE LAWS — REFORM
178. Ms C.M. ROWE to the Attorney General:
I
refer to the McGowan government's commitment to ensuring Western Australia's
sexual offence laws are fit for purpose.
(1) Can the
Attorney General update the house on the review of sexual offending laws and
processes in Western Australia currently being conducted by the Law Reform
Commission?
(2) Can the
Attorney General inform the house how this important review will ensure the
best support and protection is provided to victim–survivors in Western Australia's
justice system?
AnswerView source ↗
I thank the
member for Belmont for the question.
(1)–(2) In
February 2022, I and the then Minister for Women's Interests announced
two concurrent inquiries into the multitude of issues surrounding sexual
offending in Western Australia. The purpose of these reviews was to ensure the laws and practices deliver
justice outcomes for victim–survivors in our state. The Law Reform
Commission of Western Australia is chaired by the Honourable Justice Lindy
Jenkins, a retired Supreme Court judge. She is considering whether there is any
need for law reform, including specifically to the laws surrounding the concept
of consent. I know that the Honourable Lindy Jenkins has been attending
criminal trials to observe them as an observer. She has presided over many of
these sorts of trials herself. She has recently published volumes 1 and 2 of a discussion
paper inviting public submissions. Those discussion papers are available on the
Law Reform Commission's website.
At
the same time, the Office of the Commissioner for Victims of Crime is leading
the other review, which looks at the end-to-end criminal justice process
for victims of sexual offending, from the reporting of an offence to the
release of the offender at the final outcome. The Commissioner for Victims of
Crime, Ms Kati Kraszlan, plays an important
part in advocating for and supporting victims of crime in our justice system.
Ms Kraszlan has helped facilitate the state's new family violence laws,
delivered the National Redress Scheme in WA for victims of institutional child
sexual abuse, helped develop a fund for the funerals of homicide victims, and
the introduction of the state's landmark revenge porn laws. As part of
her review, Ms Kraszlan is looking at, amongst a whole range of issues, the
experience of adult victim–survivors in the criminal justice system,
the factors that contribute to the under-reporting of sexual offences and
alternative mechanisms for receiving, investigating and resolving sexual
offence complaints that best meet the victim–survivors'
interests and the interests of justice. The Department of Justice will complete
its review and provide the government with a copy of its recommendations,
scheduled for 1 May, 2024 and I expect the commission will provide its final
report to government in July this year. The findings from these important
reviews will inform the development and implementation of the sexual violence
prevention and response strategy. It is important to note that we allow both
the Law Reform Commission and the Office of
the Commissioner for Victims of Crime to carefully undertake and complete their reviews, listen to the community and provide their recommendations.
I encourage all victim–survivors
to get involved in this process, to have their say and help guide our
government so that we can deliver updated sexual offence laws that are fit for
purpose and make the experience of interacting with the criminal justice system
as respectful and empowering as possible. We want our laws to support and
protect victim–survivors as well as to ensure the effective prosecution
of offenders. The McGowan government is determined to ensure that victim–survivors
feel supported in coming forward to police and can have confidence that the
justice system is working effectively to keep them safe. I look forward to
considering the recommendations of both reviews.
member for Belmont for the question.
(1)–(2) In
February 2022, I and the then Minister for Women's Interests announced
two concurrent inquiries into the multitude of issues surrounding sexual
offending in Western Australia. The purpose of these reviews was to ensure the laws and practices deliver
justice outcomes for victim–survivors in our state. The Law Reform
Commission of Western Australia is chaired by the Honourable Justice Lindy
Jenkins, a retired Supreme Court judge. She is considering whether there is any
need for law reform, including specifically to the laws surrounding the concept
of consent. I know that the Honourable Lindy Jenkins has been attending
criminal trials to observe them as an observer. She has presided over many of
these sorts of trials herself. She has recently published volumes 1 and 2 of a discussion
paper inviting public submissions. Those discussion papers are available on the
Law Reform Commission's website.
At
the same time, the Office of the Commissioner for Victims of Crime is leading
the other review, which looks at the end-to-end criminal justice process
for victims of sexual offending, from the reporting of an offence to the
release of the offender at the final outcome. The Commissioner for Victims of
Crime, Ms Kati Kraszlan, plays an important
part in advocating for and supporting victims of crime in our justice system.
Ms Kraszlan has helped facilitate the state's new family violence laws,
delivered the National Redress Scheme in WA for victims of institutional child
sexual abuse, helped develop a fund for the funerals of homicide victims, and
the introduction of the state's landmark revenge porn laws. As part of
her review, Ms Kraszlan is looking at, amongst a whole range of issues, the
experience of adult victim–survivors in the criminal justice system,
the factors that contribute to the under-reporting of sexual offences and
alternative mechanisms for receiving, investigating and resolving sexual
offence complaints that best meet the victim–survivors'
interests and the interests of justice. The Department of Justice will complete
its review and provide the government with a copy of its recommendations,
scheduled for 1 May, 2024 and I expect the commission will provide its final
report to government in July this year. The findings from these important
reviews will inform the development and implementation of the sexual violence
prevention and response strategy. It is important to note that we allow both
the Law Reform Commission and the Office of
the Commissioner for Victims of Crime to carefully undertake and complete their reviews, listen to the community and provide their recommendations.
I encourage all victim–survivors
to get involved in this process, to have their say and help guide our
government so that we can deliver updated sexual offence laws that are fit for
purpose and make the experience of interacting with the criminal justice system
as respectful and empowering as possible. We want our laws to support and
protect victim–survivors as well as to ensure the effective prosecution
of offenders. The McGowan government is determined to ensure that victim–survivors
feel supported in coming forward to police and can have confidence that the
justice system is working effectively to keep them safe. I look forward to
considering the recommendations of both reviews.
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