Legislative Council: Thursday, May 16, 2024

Contents

Sexual Assault Reform

The Hon. C. BONAROS (14:56): I seek leave to make a brief explanation before asking the Attorney-General a question about new protections for sexual assault victims in Victoria.

Leave granted.

The Hon. C. BONAROS: Yesterday, it was reported that in Victoria victims of sexual harassment and harassment will be immune to defamation lawsuits for reporting crimes to Victorian police. The new laws arose after growing concerns that the threat of legal action was having a chilling effect on people coming forward. The Victorian justice legislation (integrity, defamation and other matters) bill is intended to make it clear and easier to gather information in family violence matters and do so by granting absolute immunity to victims who report to police if their alleged perpetrators try to bring defamation suits against them. The immunity does not extend to other forms of reporting, including the media, and the reforms also include changes to digital intermediaries' liabilities and responsibilities.

I am advised that the SCAG meeting in September of last year considered these reforms and, although it failed to result in unanimous support for the changes, New South Wales and Victoria committed to introduce the laws in their jurisdictions by July and South Australia supported only some aspects of them. My questions to the Attorney are:

1. Can he advise the government's position in relation to the reforms considered by SCAG?

2. What aspects of those reforms did the state government agree to support?

3. Is the government intending to introduce legislation into this place regarding those aspects that South Australia did support and, if so, when?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:58): I thank the honourable member for her question. She is correct that the Standing Council of Attorneys-General has considered for some time various aspects of reform to defamation law. Some jurisdictions have enacted parts. I think some of the initial reforms would probably date back to the last decade. Not all jurisdictions have.

In relation to ones that have been discussed since I have been Attorney-General, I will double-check but my memory is that the part of it that talked about providing an absolute defence to defamation in circumstances such as reporting, which is in very similar terms to what the honourable member has outlined from memory, is part of what we are doing in South Australia. We are not implementing all the reforms that deal with other things to do with internet publishing and technical and complicated areas, but I will double-check. Certainly, from my memory that is part of the reforms that we are progressing in South Australia and we will likely see legislation in this place in the not too distant future.