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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-02-20 Daily Xml
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Bills

Evidence (Reporting on Sexual Offences) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 18 February 2020.)

The Hon. K.J. MAHER (Leader of the Opposition) (16:25): I rise today to speak briefly on the bill. I indicate that I will be the lead speaker for the opposition and that the bill has the support of the Labor opposition. In South Australia, the laws on reporting of sexual offences is different to all other offences. As it stands, if someone were to be charged with murder, their name would be allowed to be reported in the media. Instead, if someone were charged with a sexual offence, it would be illegal for the media to identify them until certain criteria are met in court proceedings.

In the past, this difference has been an attempt to prevent, probably misguidedly, reputational damage to the accused; however, people charged with offences like drink-driving, for example, are not afforded the same anonymity as those charged with sexual offences. This law is also in place to protect the rights and the privacy of victims of some of these heinous offences. The bill before us would allow reporting on sexual offences automatically but, importantly, not until after the accused has appeared in court for the first time.

With the centralisation of media around the country, different reporting laws in different jurisdictions can cause journalists or media organisations to risk accidentally running afoul of some of our current reporting on sexual offences laws, particularly when advice is sometimes based on legal advice from interstate. There could also be circumstances where interstate or international organisations are able to report on the identity of South Australian cases but the South Australian media cannot.

As was flagged in the other place by the member for Badcoe, there could be circumstances where it is in the interests of the victim to have the identity of the accused suppressed. Concerns have been raised, including by the former commissioner for victims' rights, Michael O'Connell, that publicly releasing the name of the offender might necessarily impinge on the privacy and the rights of victims.

As a result, Labor has filed amendments to the bill to require that the victim is informed that the offender's name will be released after their first appearance in court. We understand that this already occurs in most instances as a matter of policy, but we want to ensure that it happens in all cases by providing legislative backing. I understand that the government is supportive of this amendment and has included it in the bill that has been reintroduced.

The amendment that has been incorporated has wording in particular that uses the phrase 'all reasonable efforts'. It is possible in individual circumstances where a victim is not able to be found to inform them that the offender's identity will be released. Provided that all reasonable efforts have been made to inform the victim, the process of identifying the offender can continue without the need to inform the victim halting or slowing the process.

In summary, the bill will bring the reporting on sexual offences closer in line with other offences and closer in line with what happens in other states. With the previous Labor amendment being incorporated in the bill, Labor supports the bill and looks forward to its passage.

The Hon. R.I. LUCAS (Treasurer) (16:29): I thank the leader for his support for the bill.

Bill read a second time.

Committee Stage

In committee.

Clauses 1 to 3 passed.

Clause 4.

The Hon. R.I. LUCAS: I move:

Amendment No 1 [Treasurer–1]—

Page 2, after line 16—Insert:

(2a) Section 71A—after subsection (2) insert:

(2a) A police officer or any other person acting in a public official capacity who is responsible for conducting the criminal investigation in respect of a person who has been, or is about to be, charged with a sexual offence must, before the relevant time, ensure that all reasonable efforts are made to notify the victim about the expiry of the prohibition applying in respect of publication of the accused person's identity under subsection (2).

This amendment would require police officers responsible for investigating sexual offences to make all reasonable efforts to notify alleged victims that the accused's identity may be published. The police officer would need to fulfil this requirement before the conclusion of the first court hearing in relation to proceedings. This is the relevant time in clause 4 of the bill.

Having consulted with South Australian police on this amendment, it was clear they are already performing the functions required under the amendment. Despite this already occurring, the government supports this amendment. The Victims of Crime Act 2001 sets down principles governing the treatment of victims of crime who are involved in the criminal justice system. Those principles are reinforced by the SAPOL general order entitled 'Victims'.

The current practice of investigators within the sexual crime investigation team is to inform alleged victims of potential media interest in their case and to provide support for dealing with publicity surrounding the investigation. Often the investigating officer will have this direct contact with victims; that contact can also come from victim contact officers, the victim management team or the Commissioner for Victims' Rights, depending on the circumstances.

The mandatory nature of the amendment is unnecessary considering the obligations already contained in the Victims of Crime Act 2001 and the existing SAPOL policies. However, in the interests of progressing this important reform, victims' rights and the open administration of justice, the government supports the amendment to enshrine conduct already occurring and thanks the members opposite for their careful consideration of this important reform.

Amendment carried; clause as amended passed.

Title passed.

Bill reported with amendment.

Third Reading

The Hon. R.I. LUCAS (Treasurer) (16:33): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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