Highlights of the ALRC Final Report – Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence

The justice system has significant room for improvement when it comes to matters involving sexual violence – we often hear feedback from our clients that they have felt frustrated or overwhelmed by the way that their complaints are handled.

We are very pleased to see that the Australian Law Reform Commission (ALRC) also agrees.

ALRC Report

On 11 February 2025, the ALRC released their report: Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence” (ALRC Report). This report concluded the ALRC’s Inquiry into Justice Responses to Sexual Violence.

Circle Green made a submission to the ALRC on the Inquiry in June 2024.  We were guided by our professional experience assisting WA workers who have been targeted by workplace sexual harassment, the experiences of our clients and input from our Workplace Respect Lived Experience Advisory Panel (LEAP). We made several recommendations that we believe would improve the experiences of people who have been targeted by sexual violence – our key recommendations are summarised here, or you can read our full submission here.

The ALRC Report made 64 recommendations to increase access to justice for people targeted by sexual violence.  We were thrilled to see a number of references in the ALRC Report to Circle Green’s submission. We thank our LEAP members for their invaluable feedback, which we can see have been reflected and recognised by the ALRC.

The recommendations made in the ALRC Report fall into three broad categories:

  1. Addressing barriers to access and engagement with the justice system;
  2. Improving the criminal justice system’s accountability and justice system processes; and
  3. Expanding justice pathways and the remedies available.

 

Key recommendations

In this blog post we highlight some of the key recommendations that echo our submission. These include:

• That the Australian Government fund relevant organisations (including legal assistance services) to provide Safe, Informed, and Supported Services (SIS Services) to people who have experienced sexual violence (ALRC Report Recommendation 1).

• That court staff, judicial officers, and legal practitioners who work sexual violence matters undertake education and training about myths and misconceptions, and trauma-informed and culturally safe responses to sexual violence (ALRC Report Recommendations 14-17).

• That legislation is amended to require a court to intervene when improper questions are put to a witness in matters involving sexual violence (ALRC Report Recommendation 39).

• That laws and processes relating to civil proceedings are improved in sexual violence matters, such as to:

  • address delays;
  • require intervention when improper questions are put to witnesses;
  • prohibit personal cross-examination by an unrepresented person where there is an allegation of sexual violence;
  • require permission to compel, produce, or adduce evidence of confidential sexual assault counselling communications;
  • exclude evidence of the sexual reputation of a witness who alleges having experienced sexual violence; and
  • require use of appropriately trained interpreters;

(ALRC Report Recommendation 46).

• That trauma-informed practices in complaint handling bodies and regulators are enhanced, and misconceptions about sexual violence are not perpetuated (ALRC Report Recommendation 47).

• That the Fair Work Act 2009 (Cth) is amended to make it consistent with the Sex Discrimination Act 1984 (Cth), by imposing a positive duty on an employer or person conducting a business or undertaking to take reasonable measures to eliminate the sexual harassment of workers as far as possible (ALRC Report Recommendation 53).

The ALRC’s Final Report was tabled in parliament on 6 March 2025, and the Albanese Government announced a $21.4 million package to strengthen support and address barriers to access to justice for people who have experienced sexual violence.

We thank the ALRC on its inquiry, and on the publication of the ALRC Report.

We are also pleased that the Labor government is committed to this important area of reform, which has the potential to significantly improve many of our clients’ experiences navigating the justice system.

Read the ALRC’s Summary Report here.

Read the ALRC’s full Final Report here.

Disclaimer: Please be aware that this resource provides general information only. It is not legal advice. If you have a question about how the law applies to your specific situation, you can click here to request free legal assistance.