ALRC initiates inquiry into justice system's response to sexual violence

The Australian Law Reform Commission (ALRC) has announced the commencement of an inquiry focused on the justice system's response to sexual violence.

Attorney-General Mark Dreyfus has referred the inquiry to the ALRC, aiming to strengthen and harmonise sexual assault and consent laws. The referral asked the ALRC to promote and consider just outcomes for people who have experienced sexual violence, including minimising re-traumatisation.

The inquiry will be spearheaded by two distinguished legal authorities, Marcia Neave and Liesl Kudelka of the SA District Court. Both appointees bring with them deep expertise and experience in the justice system, particularly as it relates to issues involving sexual violence.

With a notable career as a judge, commissioner, law reformer, and academic, Neave served on the Supreme Court of Victoria before presiding over the Victorian Royal Commission into Family Violence. In 2021, she assumed the role of president and commissioner of the Commission of Inquiry into the Tasmanian government's Responses to Child Sexual Abuse in Institutional Settings.

Kudelka, who was appointed to the District Court of SA in 2017, boasts 25 years of experience in various legal roles. In 2020, she introduced a pilot priority programme aimed at improving justice responses for victims of sexual assault and domestic violence within the SA District Court.

The ALRC's inquiry is set to adopt a trauma-informed, holistic, whole-of-systems, and transformative approach. This strategy underscores the commitment to comprehensively address the challenges associated with sexual violence, taking into account the insights gleaned from prior reports and inquiries. The inquiry will engage with diverse stakeholders, including individuals who have experienced sexual violence, advocacy organisations, law enforcement agencies, policy and research entities, community service providers, and legal professionals.

The scope of the inquiry encompasses a thorough examination of justice responses to sexual violence, with a focus on potential reforms. Consultations across Australia will involve stakeholders representing various sectors and demographics. The ALRC is expected to present its final report to the Attorney-General in January 2025.