Legislation aimed at reducing the additional harm that victims of sexual violence experience in court proceedings was progressed in late 2024 with the introduction of the Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill (Bill).

 

One of the areas being addressed are our name suppression laws, as set out in the Criminal Procedure Act 2011. It is considered that the test for granting permanent name suppression to a person convicted of a sexual crime, and the process to appeal that permanent name suppression, risks causing additional harm to the victim.

 

Currently, before the court can grant permanent name suppression to a person convicted of a sexual crime, it only needs to take into account the victim’s views. A victim can apply to have a name suppression lifted, however, this raises the issue of retraumatising the victim in the process. The Bill would address this by requiring that the court must have a victim’s agreement to grant permanent name suppression, unless the victim is unable or unwilling to make that decision.

 

It is held that these changes would empower victims and enable them to speak out about their experience to help and warn others, and that it would hold people to account and prevent further offending.

 

The Bill passed its first reading, with the Justice Select Committee’s report due 14 March 2025.