State government to urgently amend law which silences victim-survivors
The state government will "move urgently" to amend laws put in place earlier this year, which have unintentionally silenced victim-survivors of sexual assault.
Last week it was revealed changes to the Judicial Proceedings Reports Act, passed by the state government in February, had the unintended consequence of preventing victim-survivors from sharing their stories unless they fork out for an expensive court order.
The changes, which were put in place to simplify the circumstances in which identifying information about a victim-survivor could be disclosed, instead meant that those whose perpetrators had been convicted could face harsh penalties - including hefty fines or even jail time - for sharing their experiences.
Attorney-General Jill Hennessy on Friday announced reforms would be fast-tracked, with the government developing urgent amendments to be introduced to Parliament this year. These reforms will mean most victim-survivors will no longer require a court order to share their stories, if they have given informed consent to be identified.
Related coverage: Ballarat survivors react to Judicial Proceedings Reports Act changes
The change to the law infuriated many individuals, many who have found sharing their stories to be an empowering part of the healing process. Many of their stories have empowered others to report to police.
But one Ballarat victim-survivor, who cannot be named, said the changes had triggered reactions in thousands of people who have never been able to share their stories publicly.
A survivor of child sexual abuse, they said there were many reasons people could not speak out about their trauma - whether they feel they cannot report due to fear, because their case never made it to court due to a lack of evidence or that reasonable doubt meant there was no conviction. In their case, the accused was found guilty though later appealed the conviction successfully.
"While it will change for many victims, it will not for us," they said. "We could never speak out before this law was amended and we will never be able to for fear of litigation. Many people who have suffered abuse still won't be able to talk about our experiences."
The Department of Justice and Community Safety will seek input from victim-survivors during a series of roundtable discussions to be hosted in September.
Affected by this story? Help is available via the Ballarat Centre Against Sexual Assault, in Sebastopol, on 5320 3933, or free-call the crisis care line 24 hours on 1800 806 292.
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