Ms JODIE HARRISON (Charlestown—Minister for Women, Minister for Seniors, and Minister for the Prevention of Domestic Violence and Sexual Assault) (12:55): I contribute to debate on the Criminal Procedure and Other Legislation Amendment (Victim Experience Reforms) Bill 2026. It is hard to think of anything more traumatising than being a victim-survivor of sexual assault. Victim-survivors who make the difficult choice to report to police and seek justice deserve a court process that does not exacerbate their trauma. The reason it is a difficult choice speaks for itself. A recent report undertaken by the NSW Bureau of Crime Statistics and Research entitled Attrition of Sexual Assaults from the New South Wales Criminal Justice System states that there were 4,787 reports of sexual assault to police in 2012 and 555 court appearances later with a proven outcome.
That is a pretty poor rate of outcomes in relation to reports. In 2022 there were 9,138 reports to police in relation to sexual assault and 810 court appearances with a proven court outcome. That is also a disturbing figure, and the percentage rates have dropped massively. There is a range of reasons for these figures. One of the strongest reasons is that court processes can expose a complaint to hostile cross-examination, which may include aggressive questioning, the need to repeatedly recall the details of the traumatising ordeal and having to challenge rape myths perpetrated by opposing council that further exacerbate the trauma a survivor of sexual assault undergoes.
Since coming to office, the Minns Labor Government has delivered on reforms to empower victim‑survivors of sexual assault to navigate the criminal justice system. One example is the $6.2 million Strengthening Sexual Violence Justice Responses package, which includes funding for 11 sexual violence community justice system navigators to support victim-survivors with the justice system. It also includes expanding Legal Aid's capacity to meet the demand for support from sexual violence victim-survivors and boosting development of the new and existing navigator workforce.
The bill builds on that important work and will implement tangible changes to minimise the trauma of victim-survivors when giving their evidence in court. A key plank of the reform is the introduction of a pilot scheme for ground rules hearings in adult sexual offence trials. A ground rules hearing is a pre-trial hearing involving both parties to determine how a sexual assault complainant is to be questioned and how the trial will be conducted. The purpose of the hearing is to ensure that the process elicits the best quality evidence while minimising the distress to the complainant.
Key objectives include identifying and accommodating the complainant's communication, support and other needs; ensuring that complainants are retreated respectfully and fairly; deterring improper questioning with a focus on misconceptions about consent or victims of sexual assault; and minimising interruptions during the complainant's evidence. Importantly, these ground rules do not compromise an accused person's right to test the prosecution's case. It is about making sure that the questions are appropriate, that they are relevant and that they are focused on the issues of dispute. Several factors will be taken into account during the pre-trial hearings, including an assessment questionnaire outlining factors such as communication needs and potential triggers and whether breaks might be required while giving evidence.
Debate resumed from an earlier hour.
Ms JODIE HARRISON (Charlestown—Minister for Women, Minister for Seniors, and Minister for the Prevention of Domestic Violence and Sexual Assault) (14:54): Earlier in my contribution to debate on the Criminal Procedure and Other Legislation Amendment (Victim Experience Reforms) Bill 2026 I talked about the factors that will be taken into account during pre-trial ground rules hearings, which will be established under the bill. I spoke about the assessment questionnaire and the factors that it would take into account. One of the factors that will be taken into account is a separate case management form from the prosecution identifying directions or orders sought, and submissions from all parties involved. The pilot scheme is expected to operate from next year at Parramatta, Wollongong and Dubbo district courts.
I understand that questions are being asked about why this is not being rolled out more broadly, and it is because we want to make sure that we get the settings for ground rules hearings right. The pilot program will ensure that lessons from the process established by the bill are considered before a decision is made on whether to expand the initiative. New South Wales is not the first jurisdiction to go down this path. Ground rules hearings already operate in Victoria, Tasmania and the Australian Capital Territory. Comparable pre-trial processes are also available in Queensland, South Australia and Western Australia. Our pilot draws on the models of other jurisdictions and has been tailored to align with the New South Wales legislative framework.
Another pillar of the bill includes amendments to the sexual assault communications privilege. For historical context, back in 1997 New South Wales was the first jurisdiction to enact a sexual assault communications privilege. The purpose of that privilege is to safeguard the counselling communications of sexual assault victims and complainants. Reforms in the bill address technical issues that have been raised by stakeholders. The Criminal Procedure Act 1986 will be amended to ensure that courts can only consider complaints communications records when it is necessary, as opposed to inspecting materials automatically or out of an abundance of caution. Other changes will codify in law the requirement to seek leave to access records that have been produced in court.
I acknowledge that there have been calls for significant reform in this space, including a ban on the use of private counselling records in all criminal proceedings. I acknowledge the work of those behind the "Don't Subpoena Our Support: Keep Counselling Confidential" campaign, including Nina Funnell and Unions NSW. It is important to note that in January 2025 the Australian Law Reform Commission published its report entitled Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence. Recommendation 43 called on the Standing Council of Attorneys-General to commission research about how the sexual assault communications privilege is operating in practice and identify areas of improvement and, based on that research, consider whether an absolute privilege should apply to sexual assault counselling communications.
In New South Wales earlier this year the Attorney General announced that University of Sydney Professor Rita Shackel will conduct that research and report back in June 2027. The findings of that independent research will help inform the way forward. It is vital for significant reform in this space to be backed up with a robust evidence base and avoid unintended consequences. The third reform package in the bill involves procedural protections for witnesses and complainants to reduce trauma experienced by victims of domestic and family violence. Over time there has been a suite of legislative protections implemented to improve victim experiences of the criminal justice system.
As those protections have developed, there have been cases of inconsistencies in the types of proceedings they apply to. Examples included some protections applying only when an apprehended domestic violence order [ADVO] was attached to criminal proceedings or when a retrial was ordered after a successful appeal by an offender but not the prosecution. The Attorney General directed the Department of Communities and Justice to complete a gap analysis and consultation with key justice agencies and stakeholders to identify areas where existing protections can be better aligned. One example relates to the requirement to close court proceedings during a victim impact statement. Currently, this protection only applies to prescribed sexual offence proceedings. The bill proposes to expand this to include domestic violence offence proceedings, noting that as apprehended domestic violence order [ADVO] proceedings are not criminal, a victim impact statement is not available.
Another example relates to an entitlement to give evidence via CCTV or other alternative arrangements such as screens and planned seating to restrict contact with the accused, obviously aimed at reducing trauma experienced by victim-survivors. This protection currently applies to prescribed sexual offence and domestic violence offence proceedings as well as associated ADVO proceedings. The bill expands this protection to all ADVO proceedings.
The bill represents a step forward for our justice system and the welfare of victim-survivors of sexual assault. It is no secret that victim-survivors of sexual assault encounter barriers in the criminal justice system. Fairness, compassion and respect should be at the heart of our court system. By embedding trauma-informed practices in sexual assault court proceedings, there is the potential to usher in a broader cultural shift in New South Wales courtrooms. These reforms build on our wider work to support victim-survivors through justice system navigators and in healing and recovery. I commend the bill to the House.
