Sexual violence

Sexual violence

Every Australian deserves to live free from violence. The Australian Government is committed to providing national leadership to strengthen criminal justice responses to sexual assault.

Work Plan to Strengthen Criminal Justice Responses to Sexual Assault 2022–2027

Sexual assault is a serious crime that can have devastating, cumulative and long-lasting effects on the lives of victims and survivors, their families and communities. While states and territories are primarily responsible for laws that criminalise sexual assault, the scale and severity of sexual violence across Australia makes this a nationally significant issue, requiring a nationally coordinated response.

Through the Standing Council of Attorneys-General (SCAG), previously named the Meeting of Attorneys-General, the Australian Government is leading a national discussion on strengthening criminal justice responses to sexual assault.

On 12 August 2022, participants endorsed the Work Plan to Strengthen Criminal Justice Responses to Sexual Assault 2022–2027.

Under the Work Plan, jurisdictions have committed to take collective and individual action to improve the experiences of victims and survivors of sexual assault in the criminal justice system. It focuses on the following priority areas:

1. Strengthening legal frameworks to ensure victims and survivors have improved justice outcomes and protections, wherever necessary and appropriate, across Australia.
2. Building justice sector capability to better support and protect victims and survivors.
3. Supporting research and greater collaboration to identify best practices, and to ensure actions are supported by a sound and robust evidence base.

The Work Plan operates alongside ongoing and prospective initiatives that seek to improve responses to sexual violence that are being progressed at both the national and state and territory level.

This includes:

• the National Plan to End Violence against Women and Children 2022-2032
• the National Strategy to Prevent and Respond to Child Sexual Abuse 2021-2030
• state and territory strategies, laws and policy reforms.

The Work Plan is accompanied by an environmental scan that provides a nation-wide snapshot of key initiatives that directly relate to the Work Plan priorities as well related initiatives across jurisdictions. The environmental scan is a point-in-time resource to illustrate work in progress across Australia, and will be updated on an annual basis.

We will provide SCAG with an annual progress report containing an overview of key activities and progress against initiatives outlined in the Work Plan. We will also publish the report to this website.

Visit the Standing Council of Attorneys-General page for more information, including meeting communiques.

The following initiatives are underway as part of work to implement the Work Plan:

National review of sexual assault and child sexual abuse legislation in Australia

This initiative supports implementation of Priority 1: Legal Frameworks.

The Australian Institute of Criminology (AIC), in partnership with the Attorney-General’s Department, is progressing a national review and comparative analysis of sexual assault and child sexual abuse legislation across Australia. This will identify the impact of any substantive inconsistencies between legal frameworks, determine whether there are gaps in the conduct criminalised in each jurisdiction, and explore best-practice approaches.

Between March and May 2023, the AIC invites victims and survivors of sexual assault and child sexual abuse to share their experiences with the criminal justice system in Australia.

You can participate in these consultations if you:

• are 18 years or older;
• have had contact with police from 2018 onwards as a victim and survivor of sexual assault and/or child sexual abuse.

You will have the option to choose to complete a survey or contribute a written submission.

The AIC welcomes the participation of a diversity of individuals, including culturally and linguistically diverse people, people who identify as Aboriginal and/or Torres Strait Islander, people with a disability, LGBTQIA+ people, and those living in regional, rural and remote areas.

If you are interested in taking part, or would like more information, please visit the AIC’s webpage for this consultation.

The AIC will be accepting submissions until 11.59pm on 31 May 2023.

In addition to supporting Priority 1 of the Work Plan, this review also responds to 2021 Australian of the Year Grace Tame’s address to the Meeting of Attorneys-General on 12 November 2021.

Specialised and Trauma-informed Legal Services for Victims and Survivors of Sexual Assault

This initiative supports implementation of Priority 2: Justice System Practices, Capabilities, and Supports.

The Attorney-General’s Department will pilot a new legal service model that will provide victims and survivors of sexual assault with greater access to specialised and trauma-informed legal services to support their recovery and engagement with the criminal justice system.

The design and operation of the service model, and locations of the pilot, will be determined through a national consultation process with states and territories, victims and survivors and their advocates, people from populations and cohorts who are overrepresented in sexual assault statistics, and legal service providers. In addition to targeted stakeholder workshops, the department has released a public discussion paper to gather evidence to inform the development of the legal services model(s). To make or upload a submission, visit the Attorney-General’s Department webpage for this consultation and navigate through the survey questions.

Alternatively, you can email your submission to sexual.violence.responses@ag.gov.au. Submissions close after 11:59pm on 7 May 2023.

Accredited training for frontline workers, legal practitioners, the judiciary, and the criminal justice sector

This initiative supports implementation of Priority 2: Justice System Practices, Capabilities, and Supports.

The Attorney-General’s Department is developing and expanding resources and training for the justice sector, including the judiciary and legal practitioners, to build understanding and capability around engagement with victims and survivors and their families when they are navigating the criminal justice and family law systems.

This sits under a broader commitment being delivered in partnership with the Department of Social Services to develop a nationally-coordinated approach to education and training on family, domestic and sexual violence for frontline workers, legal practitioners, the judiciary, and the criminal justice sector.

Enhancing National Training for Law Enforcement on Family, Domestic and Sexual Violence

This initiative supports implementation of Priority 2: Justice System Practices, Capabilities, and Supports.

The Attorney-General’s Department will develop a national training package to enhance the effectiveness of police responses to family, domestic and sexual violence. This package will include materials that seek to train law enforcement on a series of complex family, domestic and sexual violence matters including coercive control, sexual assault, technology-facilitated abuse, child safety and attitudes and behaviours. The department is current leading a scoping study to inform the development of the package.

Scoping of a Commonwealth witness intermediaries scheme

This initiative supports implementation of Priority 2: Justice System Practices, Capabilities, and Supports.

The Attorney-General’s Department is undertaking a scoping study on a Commonwealth witness intermediary scheme to support vulnerable witnesses engaging with the Commonwealth criminal justice system to give their best evidence.

Scoping of alternative reporting mechanisms for victims and survivors

This initiative supports implementation of Priority 3: Research and Collaboration.

The Attorney-General’s Department is undertaking a scoping study on alternative reporting mechanisms for victims and survivors of sexual assault to better meet the needs of victims and survivors and reduce the risk of re-traumatisation. This scoping study will take into regard and align with (where possible and appropriate) existing and forthcoming state and territory programs, and consider best practice to embed trauma-informed and culturally safe mechanisms to inform consideration of the merits of a national approach.

Standing Council of Attorneys-General Working Group on Criminal Justice Responses to Sexual Assault

At the 9 June 2021 Extraordinary Meeting of Attorneys-General, participants tasked justice officials with developing a joint program of work on criminal justice responses to sexual assault.

The officials-level Working Group on Criminal Justice responses to Sexual Assault was established as a result. The working group comprises state and territory justice officials from every jurisdiction. The commonwealth chairs the working group and provide secretariat support.

The working group oversees the design and implementation of the Work Plan. The working group meets quarterly to support the ongoing administration of the Work Plan and to share ideas, expertise and resources.

To contact the working group email the secretariat at sexual.violence.responses@ag.gov.au.

Downloads

• Work Plan to Strengthen Criminal Justice Responses to Sexual Assault 2022-2027
• Work Plan to Strengthen Criminal Justice Responses to Sexual Assault - Environmental Scan

Contact us

For more information send your enquiry to:

Email: sexual.violence.responses@ag.gov.au

or

Mail: Responses to Sexual Assault - Criminal Justice Reform Taskforce
Families and Legal System Division
Attorney-General’s Department
3-5 National Circuit
BARTON ACT 2600