THE HON MARK DREYFUS KC MP
ATTORNEY-GENERAL
CABINET SECRETARY
MEMBER FOR ISAACS
2024 Sexual Assault Services Victoria (SASVIC) Annual General Meeting
Melbourne
13 November 2024
I acknowledge the Traditional Custodians of the land on which we meet today, the Wurundjeri people of the Kulin Nation, and pay my respects to their Elders past and present. I extend that respect to all Aboriginal and Torres Strait Islander people here today.
I also acknowledge the Board Members and staff of Sexual Assault Services Victoria, as well as the other government and community leaders, partners and advocates present at the Annual General Meeting today. I thank you for your continued commitment to seeking better outcomes for all Australians. The work you do is very important in achieving the aim of an Australia that is free from sexual violence and abuse.
Thank you to Kathleen Maltzahn, CEO of Sexual Assault Services Victoria, for the invitation to speak at your Annual General Meeting.
Sexual Assault Services Victoria
Combatting sexual violence and abuse in Australia requires a collective effort and commitment to changing the attitudes and structures which enable sexual violence and abuse to occur.
As the peak body for 18 specialist sexual assault services across Victoria, your members are all aware of what is needed to prevent and respond to this long-standing challenge.
It is essential that governments work with organisations like yours to strengthen policy approaches, so I thank you for your continued advocacy and dedication to improving outcomes.
I congratulate Sexual Assault Services Victoria for launching its first Strategic Plan in 2022. This Plan is in effect until 2026.
The four strategic directions outlined in the Plan demonstrate the clear commitment your organisation has to fulfilling its vision of a world free from sexual violence, one in which people feel safe and respected.
We know that 1 in 5 women in Australia have experienced sexual violence since the age of 15.
For those who do report, attrition rates are high, prosecution rates are low, and conviction rates are even lower. Sexual violence is raised all too often as something that profoundly impacts women’s lives.
Everyone in this room knows these statistics, and we also know that they are unacceptable. We must continue to work together to address the systemic barriers and improve justice responses to sexual violence.
National Cabinet and Leadership
Addressing the national crisis of family, domestic and sexual violence remains an ongoing priority for not just the Albanese Government, but all governments.
In May this year, the Prime Minister convened the first National Cabinet that focused on gender-based violence. All jurisdictions agreed to take steps to identify gaps and act with urgency.
A few notable areas of this work sit within my portfolio – such as improving justice responses to sexual violence, information-sharing arrangements between courts and police and legal assistance services.
Legal assistance services, including specialist women’s legal services, are critical in the response to gender-based violence, alongside the important contributions of those who work in the community-based service sector.
I have spent decades fighting for a better deal for the legal assistance sector. Legal assistance is essential to ensuring access to justice and equality before the law for all Australians, and safety for victims and survivors of family, domestic and sexual violence.
As many of you will be aware, in September First Ministers agreed to establish a renewed five-year National Access to Justice Partnership which will commence on 1 July 2025. The Australian Government committed a record $3.9 billion under the new agreement, and for the first time, ongoing funding beyond the previous 5 year cycle so the sector has long-term funding certainty.
This funding commitment represents an $800 million additional injection into the sector, including $500 million in additional funding for all parts of the legal assistance sector including Community Legal Centres, Women’s Legal Services, Aboriginal and Torres Strait Islander Legal Services, Legal Aid Commissions, and Family Violence Prevention Legal Services.
For the first time, the next agreement will include quarantined funding for Women’s Legal Services and Family Violence Prevention Legal Services.
I acknowledge the challenges faced by the sector and the importance of long-term certainty. Security of funding is essential for the legal assistance sector to ensure doors are kept open and services are maintained. It provides financial security for staff and ensures services have the ability to expand to meet the increasing needs of their communities.
This funding builds on the Albanese Government’s record investment of $4 billion for women’s safety since October 2022.
Under the Standing Council of Attorneys-General, the Commonwealth, alongside state and territory governments, has committed to improving the experiences of victims and survivors of sexual assault in the criminal justice system. This includes building justice sector capability to better support and protect victims and survivors.
This work is driven by a five-year Work Plan, which commenced in 2022. The three national priority areas: legal frameworks, justice sector capability, research and greater collaboration were informed by the outcomes of recent key national, state and territory inquiries and consultation processes, and will continue to be informed by ongoing initiatives.
While the Work Plan is primarily focused on criminal justice responses, it is intended to operate alongside existing and prospective efforts around prevention, early intervention and healing for victims and survivors of family, domestic and sexual violence at the national, state and territory level.
Australian Law Reform Commission Inquiry
In January this year, I announced the commencement of the Australian Law Reform Commission’s inquiry into justice responses to sexual violence. This inquiry will examine ways in which victims’ and survivors’ experiences in the justice system can be improved, including legal frameworks, justice sector practices, supports for victims and survivors, and importantly, transformative approaches to justice.
All too often, seeking justice adds to the trauma experienced by victims and survivors. This inquiry will look at how we can improve victims’ and survivors’ experiences in the justice system by examining relevant laws and legal frameworks, justice sector practices, supports for victims and survivors, and transformative approaches to justice.
The ALRC has been asked to consider not only legal frameworks and court processes, but will also examine needs and specialist support services to ensure services are targeted towards the individual’s needs. Consideration will be given to provision of those services from prior to reporting, to after the conclusion of formal justice system processes.
Sexual Assault Services Victoria’s important work is already focussed on the provision of services that support a person’s journey throughout the entire process, should a person choose to pursue a justice pathway. You clearly understand the importance of having in place a holistic justice network to provide a strong foundation of support for victims and survivors throughout their journey to justice.
The ALRC has been asked to take a trauma-informed, holistic, whole-of-systems and transformative approach to reform, and to consider the particular impacts of legal frameworks on cohorts disproportionately reflected in sexual violence statistics, and on those with identities intersecting across cohorts.
It has also been asked to consider reform in relation to the matters raised in the Summary Report of the ministerial-level national roundtable on justice responses to sexual violence. The report canvasses the outcomes from the roundtable held in May 2023.
Central to the ALRC’s consideration are the views of victims and survivors of sexual violence. The inquiry is supported by a lived-experience Expert Advisory Group to ensure the real-life experience of victims and survivors are front and centre. Importantly, the Advisory Group will continue on for a second year to advise Government on implementation of the ALRC’s recommendations.
I look forward to receiving the ALRC’s report in January next year and embarking on these potential reforms.
Family Law Reform
It is critical the family law system protects those at risk of or experiencing family violence, including children and young people.
We have made significant progress on our sizeable reform agenda to the Family Law Act to make the family law system safer, more accessible, fairer and simpler to use.
I thank Sexual Assault Services Victoria for your engagement in these reforms, including for your formal submission on the Family Law Amendment Bill 2023. It is so important to hear from frontline service providers when undertaking reforms and I appreciate you taking the time to make a submission.
Judicial education
It is imperative that our justice sector understands the impacts of trauma and is well-equipped with the skills to manage matters involving sexual assault and violence.
That is why this Government provided $2.6 million over five years for family, domestic and sexual violence education to be delivered to the justice sector, including to develop and deliver a national justice sector education and training package on the nature and impacts of sexual assault.
The training package includes development of a national foundational education resource for the justice sector on false assumptions and stereotypes that can impact sexual violence cases, and a judicial training package and conference.
Delivered by the National Judicial College of Australia, the judicial training has been delivered in nearly all jurisdictions, including Victoria, since it commenced in 2024.
In August, a judicial conference called ‘Enhancing Safe Practice’ was also held at the Supreme Court of NSW.
Alternative Reporting Scoping Study
As all of you here today are already aware, the beginning of the road through to a criminal trial is an immensely difficult and traumatic one for victims and survivors, and it is no surprise that sexual violence and assault remains under-reported.
As part of its commitment to improving the experiences of victims’ and survivors’ experiences in the justice system, the Government provided $2.1 million to progress a scoping study on alternative reporting mechanisms for sexual assault. This scoping study will explore alternative reporting mechanisms for victims and survivors who may not wish to engage directly with police or formal criminal justice processes.
The Royal Melbourne Institute of Technology, who are undertaking this study, consulted directly with victims and survivors throughout the study to ensure outcomes are reflective of the diverse needs of victims and survivors.
Legal Services Pilot
Support for any person who has lived through a traumatic experience is vital. Strategic direction 1 of Sexual Assault Services Victoria’s Strategic Plan is focused on ensuring people affected by sexual violence have access to high-quality and timely specialist therapeutic support.
I commend your organisation’s provision of LGBTIQA+ and Disability Officers to ensure equity and inclusion across all areas of your work, including the design of service delivery, advocacy and research.
The Australian Government has also committed to the provision of specialist support and expertise to victims and survivors of sexual violence, and has provided $8.4 million over three years from 2023-24 to explore new ways to provide legal services and specialist expertise to victims and survivors of sexual violence.
The pilot programs in Victoria, Western Australia and the Australian Capital Territory were selected following a competitive, merit-based assessment process, and informed by consultations with people who have lived experience of sexual violence, together with advocates services that support them.
Each individual model is unique and the results of this Pilot will inform future sexual violence legal services across Australia.
In Victoria, Victoria Legal Aid, Djirra and Women’s Legal Service Victoria have partnered to expand Victoria’s state-wide Victims Legal Service to provide legal information for victims and survivors of sexual assault through the existing VLS Helpline, and targeted advice and casework for victims and survivors.
This model will also provide tailored support for First Nations victims and survivors to report sexual assault to the police.
Last month I launched the pilot in the ACT, the ACT Sexual Violence Legal Service, and evaluation of the three pilots is currently underway.
I know all of you here today understand just how invaluable access to justice is, as well as providing specialist and continued advice and support to victims and survivors to ensure they are empowered to choose their pathway to justice.
The experiences of victims and survivors of sexual assault requires tailored specialist services specific to the needs of the individual in order to support the pathway that has been chosen by the person who has experienced the trauma of sexual violence.
Closing Remarks
I commend Sexual Assault Services Victoria for their expertise, vision and commitment to achieve real and meaningful change to the attitudes and structures that enable sexual violence and abuse to occur.
Thank you for inviting me to attend and speak at your Annual General Meeting.
ENDS
