crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.7
1 After paragraph 15Y(1)(b)
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.9
10 Section 15YA (definition of child complainant)
11 Section 15YA (definition of child witness)
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.10
12 Section 15YA
Omit ‘sections’, substitute ‘provisions’.
13 Subsection 15YAB(3)
Insert Division 2A (evidence recording hearings)
14 Before paragraph 15YAB(3)(a)
Substitute 'or audio recordings of interviews' for 'recordings'
15 Paragraph 15YAB(3)(e)
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.23
15YR Publication identifying another person as a child witness,
Inserts new section 15YNB about original evidence admissible in new proceedings.
16 After paragraph 15YAB(3)(e)
Addition of subparagraph 15YR(1)(c)(iii) about publications identifying vulnerable persons.
17 At the end of subsection 15YAB(3)
17A After section 15YAB
Defines a child witness in relation to a child proceeding. A child complainant in a child proceeding is defined as a child who is or was involved in the initiation of the proceeding.
17A(1) After section 15YAB
A person who is 18 or over can opt out of being treated as a child complainant. A person over 18 can opt out of being treated as a child witness.
17A(2) After section 15YAB
The person's consent overlaps with their age.
The person informs the court that they do not wish to be treated as such a complainant.
The person is not considered a child complainant.
Right to opt out of being treated as a child complainant.
Right to refuse being treated as a child complainant.
The person's consent spreads information about their refusal.
The recurring trace is updated accordingly.
The person's consent is part of a recurring trace.
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.11
18 Section 15YB (at the end of the heading)
19 Subsection 15YB(1)
Inserts new offences against torture and child drug-related crimes.
2 After paragraph 15Y(1)(cad)
20 Subsection 15YB(1)
21 Subsections 15YB(2) to (5)
22 Section 15YC (at the end of the heading)
Omit “unless:”, substitute “unless the court gives leave.”.
23 Subsection 15YC(1)
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.12
24 Paragraphs 15YC(1)(a) and (b)
24A Paragraph 15YC(2)(a)
Omit specific phrase from cross-examination of child witness
24B Paragraph 15YC(2)(b)
Add evidence of sexual activity that is alleged to form part of a connected set of circumstances in which the alleged offence was committed.
24C At the end of subsection 15YC(2)(b)
Must provide evidence of sexual activity that is alleged to form part of a connected set of circumstances in which the alleged offence was committed.
Substitution of phrase in paragraph (2)(a)
24D Subsection 15YC(3)
Imposes duty on the State to substitute phrase
Insertion of phrase for purposes of paragraph (2)(b)
24E Subsection 15YC(4)
Add probative value assessment to child witness or complainant inquiry
25 At the end of subsection 15YC(4)
26 After section 15YC
Evidence of a vulnerable adult complainant's experience with sexual activities is inadmissible unless the court gives leave.
26(1) After section 15YC
Defines temporal interval for when evidence of a vulnerable adult complainant's experience with sexual activities is inadmissible
(1) Evidence of a vulnerable adult complainant’s experience with respect to sexual activities is inadmissible in a vulnerable adult proceeding, unless the court gives leave.
Justifies why evidence of a vulnerable adult complainant's experience with sexual activities is inadmissible
Prohibits evidence of a vulnerable adult complainant's experience with sexual activities
Diffuses information about when evidence of a vulnerable adult complainant's experience with sexual activities is inadmissible
Court must not give leave unless evidence meets certain conditions.
26(2) After section 15YC
Conditions must be met within a certain time frame.
Leave must be granted only under specified conditions.
Court must not give leave unless conditions are met.
Conditions must be met before leave is granted.
Conditions relate to temporal until-ness.
Temporal intervals have an until relation.
Treat evidence not substantially relevant to facts in issue with caution.
26(3) After section 15YC
The evidence is not to be treated as being substantially relevant to facts in issue merely because of inferences it may raise as to the vulnerable adult complainant’s general disposition.
Indicates that the obligation applies to a specific time period.
(3) For the purposes of paragraph (2)(a),
Indicates that the obligation is recognized by artificial intelligence systems.
Imposes a duty on the court to treat evidence with caution.
Indicates that the obligation spreads to other areas of the law.
Indicates that the obligation applies to a recurring situation.
Court must consider certain factors when deciding if evidence has substantial probative value.
26(4) After section 15YC
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.14
Insert clause after Division 2 of Part IAD
27 After Division 2 of Part IAD
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.18
27A After section 15YF
Defendant cannot cross-examine vulnerable adult complainant without counsel.
27A(1) After section 15YF
The court must ask the vulnerable adult complainant questions requested by the defendant.
27A(2) After section 15YF
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.19
27B Paragraph 15YG(1A)(b)
Omit “Evidence”, substitute “Subject to Division 2A, evidence”.
28 Subsection 15YI(1)
Insertion of '(1)' before 'If the vulnerable'
29 Section 15YK
Inserts offences against certain Acts into this Act.
3 After paragraph 15Y(1)(cba)
Allow vulnerable person and any present person to see evidence on television monitors.
30 At the end of section 15YK
Insertion of '(or under Division 2A)' after 'closed-circuit television'
31 Subsection 15YL(1)
32 At the end of Division 4 of Part IAD
Court must order evidence recording under certain conditions.
32(1) At the end of Division 4 of Part IAD
List of persons subject to the subsection's application
32(2) At the end of Division 4 of Part IAD
The recording may be a video or audio recording.
32(3) At the end of Division 4 of Part IAD
Subsection (1) applies regardless of evidence source.
32(4) At the end of Division 4 of Part IAD
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.20
33 Division 5 of Part IAD (heading)
Omit 'recordings', substitute 'or audio recordings of interviews'.
34 Section 15YM (heading)
35 Subsection 15YM(1)
36 Subsection 15YM(4) (not including the notes)
Recording that is an audio recording only must not be admitted unless extraordinary circumstances require its use.
36(2) Subsection 15YM(4) (not including the notes)
Person must be available for cross-examination and re-examination if video or audio recording of interview is admitted as evidence.
36(4) Subsection 15YM(4) (not including the notes)
Obligation to provide availability for cross-examination and re-examination
37 At the end of section 15YM
Damaging or altering a recording without lawful authority is prohibited.
37(5) At the end of section 15YM
(a) the person does so without lawful authority or excuse.
Prohibition of damaging or altering a recording.
Fault element for paragraph (5)(a) is intention.
37(6) At the end of section 15YM
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.21
38 Section 15YN (heading)
39 Subsections 15YN(1) and (2)
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.8
Commencement of Schedule 1 to the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010
4 At the end of subsection 15Y(1)
40 Subsection 15YN(2)
Add ‘, which could include evidence recorded at an evidence recording hearing or in an interview’.
41 Subsection 15YNB(1) (at the end of the note)
Replace 'child complainant' with 'child witness'
42 Paragraph 15YNB(4)(a)
43 At the end of subsection 15YNB(4)
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.22
44 Section 15YND (heading)
Insert 'or audio' after 'includes a video'
45 Subsection 15YND(1)
46 Subsection 15YND(1)
47 Subsection 15YND(2)
Insert 'or at an evidence recording hearing' after 'proceeding'
48 Subsection 15YO(1)
Omit “for this section;”, substitute “for this section.”.
49 Paragraph 15YO(1A)(c)
Inserts new offences against specific crimes under the Criminal Code
5 Before paragraph 15Y(2)(a)
50 After section 15YO
Court must arrange for interpreter to assist person with inadequate language knowledge or disability.
50(1) After section 15YO
Court obligation to arrange for interpreter
List of persons subject to this subsection
50(2) After section 15YO
51 Paragraph 15YQ(1)(c)
Repeal heading and substitute with new text.
52 Section 15YR (heading)
Repeal paragraph and substitute with new definition for vulnerable person
53 Paragraph 15YR(1)(c)
Prohibits identification of vulnerable persons
54 Subsection 15YR(1A)
55 Subsection 15YR(2)
55(2) Subsection 15YR(2)
Informed consent required for publication of vulnerable person's information
55(2A) Subsection 15YR(2)
Requires informed consent for publication of vulnerable person's information
Vulnerable person must understand options and consequences
Publication of vulnerable person's information requires ordered trace of consent
details about the practitioner and vulnerable person
A supporting statement must be in writing and made by a specific person.
55(2B) Subsection 15YR(2)
Obligation to provide a supporting statement
Classification of practitioners and vulnerable persons
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.25
Relevant matters must be considered by the court.
56 At the end of subsection 15YR(4)
Court need not be constituted by the same judicial officers who constituted the court in the proceeding.
57 Subsection 15YR(5)
Repeal paragraph, substitute with new obligation.
58 Paragraph 15YR(7)(c)
Continues to apply Part IAD of the Crimes Act 1914 in relation to proceedings begun but not completed before commencement.
59 Transitional—proceedings in progress
Inserts new offences against torture, sexual image abuse, female genital mutilation, and sexual servitude.
6 After paragraph 15Y(2)(b)
Substitute one of the preceding paragraphs of this subsection.
7 Paragraph 15Y(2)(c)
8 Paragraph 15Y(2)(d)
9 At the end of subsection 15Y(2)
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.5
1 Short title
crimes-amendment-strengthening-the-criminal-justice-response-to-sexual-violence-act-2024.pdf, p.6
1 Section 1
11 December
2 Commencement
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
An Act to amend the Crimes Act 1914, and for related purposes
Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Act 2024