Balancing interests of all involved

Make it easier for victims to speak while keeping protections, says Elise Archer

THE rights of victims and survivors of crime and keeping our community safe are priorities for the Tasmanian majority Liberal Government.

That is why our government tabled legislation to amend section 194K of Tasmania’s Evidence Act 2001 to provide victims of sexual offences the right to speak out publicly and self-identify as a victim of a sexual offence where they wish to do so.

The Evidence Act prohibits the identification of victims in sexual offence proceedings without a court order, including when the person is an adult at the time of publication and consents to being identified.

The Evidence Amendment Bill 2020 has been drafted to include provisions which will allow publication to occur more readily if that is what victims want, without requiring a court order.

However, it remains vitally important that safeguards are in place to ensure that if a victim wishes to speak publicly about their experience, such action does not unduly impact other victims who wish to remain anonymous or who are unable to provide consent.

The Evidence Amendment Bill 2020 provides appropriate protections for victims who do not wish to be identified or are unable to provide consent, and includes a new offence for breaches of the publication prohibition.

The proposed legislation maintains current protections for witnesses, or intended witnesses involved in court proceedings, to protect them from intimidation or retaliation, including in situations where the witness may be a relative or friend, and their identification is likely to lead to the identification of a victim of a sexual offence.

The Evidence Act is a complex area of law and any reform must strike the right balance, which is why we have consulted extensively with the community, firstly on reform issues and then on the draft Bill, to inform the final form of this legislation. What is now being proposed is the most balanced approach to reform and more consistent with exemption provisions in most state jurisdictions.

In fact the Northern Territory recently introduced a Bill to parliament providing for victims to speak publicly more easily and provides that a victim of a sexual offence can consent to publishing information which reveals their identity only once court proceedings are finalised. As proposed in our Government’s Bill, the victim consent exemption will not be available while criminal court proceedings are pending. This is also the case in Victoria, where the victim consent provisions can only be relied on where there are no proceedings in respect of the alleged sexual offence pending in a court.

Although in the new s194K, the victim consent exemption can be used once criminal proceedings are finalised, a court order may still be applied for at any time during court proceedings, and importantly, the Bill provides that the victim does not have to pay an application filing fee for a court order.

Ensuring justice is delivered for complainants in sexual offence proceedings is paramount. Additionally, the approach in this legislation upholds the interest of justice being served and supports the right to a fair trial — a cornerstone of our justice system. The Government has initiated a suite of reforms since 2014 with the aim of protecting victims and survivors of crime, particularly the most vulnerable, and that remains my very strong focus.

IT REMAINS VITALLY IMPORTANT THAT SAFEGUARDS ARE IN PLACE TO ENSURE THAT IF A VICTIM WISHES TO SPEAK PUBLICLY, SUCH ACTION DOES NOT UNDULY IMPACT OTHER VICTIMS