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Legislation in schedules is amended or repealed according to its terms.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