It is a pleasure to rise to speak on the Justice Legislation Amendment (Committals) Bill 2024. I am not a trained lawyer or a lawyer in a career and I do not have a direct experience to bring to this debate of being in a courtroom, but here in this chamber we are lawmakers, and it is a role that carries that profound responsibility in shaping the legal frameworks of our state. It is our duty in this place to ensure that the laws that we do create are not only just and equitable but also modern and fit for purpose in the world that we live in today.
Our justice system is there to maintain that social order. It upholds the rule of law. It delivers justice in a fair and impartial manner. It provides a mechanism to settle conflicts, whether they be criminal, civil or a family law matter. It is a system that recognises the rights and needs of victims of crime and provides them with access to justice. But here is an important part I think I would like to note: people do not choose to be a victim of crime. Victims of crime experience unimaginable trauma. It has a profound impact on their lives. A report by the victims of crime commissioner entitled Silent and Sidelined found that criminal proceedings can add trauma to the victims that have already experienced some trauma through the crime. While our system is reliant on victims reporting and also giving evidence, many victims who talked for that report shared their experiences that they felt powerless in a system that was meant to help them. I think that is the real crux of the reason why we are here today debating this bill. This government takes this very seriously and is making these changes today to modernise that committals process, and it is centred around protecting the victim from the trauma of repeat cross-examination.
Victoria’s committal process is part of our court system, which decides if a serious criminal case should go to trial in a higher court such as a County or Supreme court. However, in practice there is some duplication in that system, which can be lengthy and resource-intensive and expose victims and witnesses to an unnecessary level of retraumatisation. A 2020 Victorian Law Reform Commission report identified several issues with the committal proceedings and did make some recommendations, and the bill today is about making a careful and considered change to modernise the committals process. Importantly, as I have stated, it is there to better protect victims and witnesses from that trauma of repeat cross-examination. In that 2020 Victorian Law Reform Commission report a primary concern raised was around stress and trauma caused to victims and witnesses during pre-trial processes, including cross-examinations. The report advocated restricting the pre-trial cross-examination for vulnerable witnesses such as children, particularly with family violence cases. I just would like to quote our Attorney-General, who recently did some media around this bill and publicly stated – I thought it was sort of pertinent to talk to this – that:
Survivors of sexual offences, stalking and family violence deserve justice, not further trauma. These reforms will ease the burden of repeated testimony, helping them move through court proceedings and get on with their lives.
That is why it is really critical today that we take steps towards a justice that has dignity and compassion for victims and witnesses of sexual offences, family violence and stalking.
Imagine for a moment the courage it takes for someone to stand up, to come forward and to share their story of suffering and survival, yet under our current system that bravery is met with the gruelling reality that victims are forced to relive their trauma not once but maybe twice or sometimes even more. They must endure that cross-examination at the committal stage and again at trial or even sometimes before a trial begins. I would imagine that cross-examination can be one of the most harrowing parts of our criminal justice process. For many the repeated questioning is not just challenging but retraumatising and can take fragments of hope from a victim and make them question whether they will see justice. Research also highlights this. Research shows that cross-examination in sexual assault cases can have a significant deterrent effect on victims reporting offences to authorities. The Victorian Law Reform Commission found that the adversarial nature of cross-examination, which does often retraumatise victims, can lead to many avoiding engaging with the justice system entirely. Victims describe cross-examination as an invasive, distressing process that amplifies that feeling of shame and fear. It discourages them from pursuing legal action or even reporting the crime in the first place.
Additionally, repeat questioning at various stages of the legal process can contribute to what is called a second victimisation, making the experience of seeking justice just as painful as the crime itself. Studies and survivors consulted – and they were cited by the Victorian Law Reform Commission – affirmed that these barriers do exacerbate already high levels of under-reporting of sexual offences as victims can fear humiliation and the emotional toll of confronting such proceedings. That is what we are doing today; we are standing up for those individuals. By prohibiting cross-examination at the committal stages for cases involving sexual offences, family violence and stalking we are saying loud and clear that your courage will not be punished. This reform is not revolutionary, it is common sense. We have already shielded children and individuals with cognitive impairments in sexual offence cases from being forced to testify multiple times. We currently have a scheme to put in place supports for sexual offence complainants to allow them to give pre-recorded video evidence, and this has been a successful change. We now extend this option to victims and witnesses who are children or who do have cognitive impairments in family violence matters.
I just want to finish on and be pretty clear that justice and fairness still remain at the heart of this change. The accused will still have the opportunity to apply for limited pre-trial cross-examinations of witnesses other than the complainant of the trial court, and this will ensure a fair trial while sparing victims and witnesses that unnecessary pain that I have outlined. As our criminal justice system evolves, committal proceedings offer several advantages. They allow disputes and issues to be narrowed, provide opportunities for early resolution of cases and ensure that the accused has access to the evidence against them through proper disclosure. However, requiring all indictable criminal matters to undergo this process is neither efficient nor justifiable, and it results in unnecessary duplication, as I have spoken about.
Our laws must reflect a modern and contemporary society. They must serve to protect the vulnerable, deliver justice efficiently and promote the values of fairness and dignity that underpin our democracy. When the laws lag behind the needs of the people, they risk becoming obstacles to justice rather than instruments of it. This bill aims to strike a balance between improving criminal justice efficiencies and reducing the trauma for victims and witnesses while ensuring a fair trial of the accused person. This government will also carefully monitor the effectiveness of these changes and will consider further reforms if needed.
I would also like to acknowledge and speak a little bit about the work of our local Orange Door service that is on the Bellarine. The Orange Door on the Bellarine has only been operating for about a year now. They are unfortunately very busy, and I wish that we did not need them. But they do incredible work in our community, supporting families and vulnerable people. They are working very closely with other support agencies and police, GPs, health services and allied health, and they are doing an incredible job in supporting those families who need that help. I thank them every day for their work. It is really important work they are doing, and I have no doubt in saying this: they are saving lives. It is an initiative that I am very proud to see, in a local sense, on the Bellarine. I am really thankful for their work. I thank the Attorney-General for the work on this bill as well, and I commend the bill to the house.
