Tuesday the 27th of August, 2024
Victorian Legislative Council
RACHEL PAYNE (Member for South-Eastern Metropolitan): I rise to make a brief contribution to the Justice Legislation Amendment (Integrity, Defamation and Other Matters) Bill 2024 on behalf of Legalise Cannabis Victoria. I would like to focus on the parts of this bill that will make the justice system more accessible for victim-survivors, the first of which is the bill’s amendment to the Defamation Act 2005 to extend the defence of absolute privilege to matters reported to police. This means that victims of sexual offences and family violence will be immune from defamation lawsuits when reporting crimes to Victoria Police.
In a world where an estimated 22 per cent of Australian women aged 18 years and over have experienced sexual violence since the age of 15 and Victoria Police are responding to a family violence incident every 6 minutes, these are essential reforms. This change will encourage victims to come forward, something we know can be incredibly hard. The vast majority of Australians who are sexually assaulted never report their assault to police. As much as possible we must remove barriers to victim-survivors accessing the justice system.
Victoria Legal Aid’s submission on this proposed change cited multiple cases of clients who have been the subject of defamation threats when they raised concerns about sexual harassment in the workplace. We already know that perpetrators of this kind often weaponise the legal system to further harm their victims. The Victorian Royal Commission into Family Violence suggested that vexatious litigation – that is, legal action brought solely to harass or subdue – can share similar characteristics with violent behaviour like coercion and control. I have no doubt that the recent spate of high-profile defamation cases against sexual assault survivors will impact the willingness of other victims to make a report to authorities. It is no wonder there is a culture of fear and cynicism around reporting. In bringing forward this amendment and the surrounding discourse this government is encouraging victim-survivors to come forward, and I commend it on this.
I also commend this bill for its amendment to the Criminal Procedure Act 2009. This will enable the ongoing use of digitally recorded statements recorded by police-issued body-worn cameras to be issued as evidence in court cases involving family violence or a family violence intervention order. This was a recommendation of the Victorian Royal Commission into Family Violence and will improve victims’ experiences in the system when they are required to recount their traumas. These are important reforms that reflect a genuine attempt to make our justice system a safer place for victim-survivors to be heard.
Related Resources
> Local Government Amendment (Governance and Integrity) Bill 2024 – Rachel Payne
> Justice Legislation Amendment (Police and Others Matters) Bill 2023 – Rachel Payne
