THE HON MARK DREYFUS QC MP
Attorney-General
Minister for Emergency Management
Special Minister of State
Minister for the Public Service and Integrity
MEDIA RELEASE
PROTECTION FOR VULNERABLE WITNESSES AND VICTIMS
Legislation to protect vulnerable witnesses and victims in Commonwealth criminal proceedings was introduced into Parliament today.
Attorney-General Mark Dreyfus QC said the Crimes Legislation Amendment Bill will extend support to witnesses in Commonwealth criminal proceedings who are vulnerable either due to the nature of the offence, or to a particular characteristic, such as age, cultural background, or a disability.
Protections available will include the ability to give evidence by closed-circuit television, video recording or video link, and to have a support person accompany the witness when giving evidence.
The protections will apply automatically to victims of human trafficking, slavery and slavery-like offences, including forced marriage, in recognition of the extreme forms of trauma and exploitation they have experienced.
Prosecutions for human trafficking and slavery rely heavily on witness testimony, so it is vital that we have measures to assist victims to give their best possible evidence to the court.
The Bill will minimise the risk of re-traumatisation these victims face when giving evidence by providing appropriate support and protection, said Mr Dreyfus.
The Bill will also allow all individual victims of Commonwealth offences to make a victim impact statement, outlining the harm they have experienced as a result of the offence.
The Bill also includes amendments to ensure the effective operation of the Australian Commission for Law Enforcement Integrity. It gives the Integrity Commissioner independent authority to access information held by AUSTRAC in relevant corruption investigations, and the ability to second employees of the AFP and other police forces who are not sworn police officers.
In addition, amendments in this Bill to Australia's anti-money laundering regime will ensure that review of AUSTRAC decisions is efficient and effective and strengthens existing offences.
The Bill also makes some changes to the investigation and prosecution for people-smuggling offences. It removes wrist X-rays as a prescribed age determination procedure, and ensures that the onus of proof in establishing age in people-smuggling prosecutions lies with the prosecution.
This will ensure that legislation reflects the current practice of agencies not to use wrist X-rays to determine a persons age, and that a persons age is a matter for judicial determination, similar to other matters required to be proved at trial.
Evidentiary certificates will be introduced to streamline investigation and prosecution of people-smuggling offenders. These certificates will allow uncontested facts such as Custom statistics to be used as evidence in prosecution.
WEDNESDAY, 29 MAY 2013
