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Lawyers welcome changes to sexual assault and family violence laws
NSW’s legal body has welcomed changes to a law that compelled counsellors to report sexual assault and family violence to police, even when the victim wished not to.
Naomi Neilson
Laws that compel counsellors to report cases of sexual assault will be amended under an NSW government review, a move welcomed by legal and rape services bodies.
“[These laws] can put people in a terrible predicament and drive a wedge between the people who need help and the people who are there to help them,” Mr Speakman said, adding that worst of all, it may deter victims from seeking support if they fear that their confidentiality “may be broken when they share their story” to a counsellor.
The reforms will create a “reasonable excuse” for not informing the authorities when a counsellor has a reasonable belief that the alleged victim does not want to report. This will also apply to other people with knowledge of the offences, including family, friends, colleagues, sexual violence service workers and educational institutions.
Law Society of NSW president Richard Harvey welcomed the reforms, adding that the Law Society’s view is “it is appropriate that these people are not committing an offence merely by complying with the alleged victim’s wishes” to keep it to themselves.
“The amendment should reflect a trauma-informed approach,” Mr Harvey added. “This is where an adult victim of a sexual or family violence offence is empowered to decide what action should be taken in response to the offence against them.”
Rape & Domestic Violence Services Australia executive officer Karen Willis said these reforms are very important for those who have experienced sexual, domestic or family violence to control their stories, which is a “crucial autonomy for victims”.
Mr Speakman said there is no indication that people meeting the proposed criteria have been charged under the current legislation, but this amendment will dispel concerns.
“This amendment will also assist the prosecution when considering whether to charge a person for this offence,” Mr Speakman said. “This strikes the right balance between ensuring people are able to respect the wishes of victims while continuing to encourage the community to report serious offences.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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