Page 2325 - Week 07 - Wednesday, 3 August 2022
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The bill also makes amendments to the Working with Vulnerable People (Background Checking) Act to include, where appropriate, some of the new aggravated family violence offences in the schedule of disqualifying offences. The worker background screening scheme prevents individuals who have convictions for disqualifying offences from engaging in occupations that require a working with vulnerable people check. As a result of the amendment, some aggravated family violence offences will be a disqualifying offence in worker background screening. This will assist with the protection of vulnerable people through the early identification and exclusion of those who pose a risk. This scheme forms part of a national approach to assess the risk of potential workers and strives to lead a reduction in the incidence of abuse, violence and exploitation over time.
The bill also introduces a requirement in the Crimes (Sentencing) Act that the court can adjourn sentencing proceedings upon application for the preparation of a victim impact statement. This requirement will only apply where the relevant offence is punishable by a maximum penalty of more than five years imprisonment. The courts will retain a discretion to refuse the adjournment under special circumstances. A victim impact statement is a statement made to the court by or for a victim that contains details of the harm suffered by a victim because of the offence. It is provided to the court after a person is convicted or pleads guilty to an offence and is used by the court as part of the sentencing process.
It is at the victim’s discretion whether they would like to make a statement within the court proceedings. For some victims it is an opportunity to tell the court and their alleged offender how the offences impacted their life. While there is no suggestion that courts are operating to impede victims who wish to make a victim impact statement, this reform is important as it reinforces the importance of access to justice for victims and supports the Charter of Rights for Victims of Crime that was passed on 23 July 2020. The amendments will ensure that victims have the opportunity to be heard even if a matter progresses to sentencing more quickly than anticipated.
Further, the bill amends the Evidence (Miscellaneous Provisions) Act to introduce limitations on the ability for the defence to cross-examine a person on the contents of their victim impact statement. In determining whether to grant leave to allow cross-examination on a victim impact statement, the court must be satisfied that either the victim impact statement has substantial probative value or the cross-examination would materially affect the likely sentence.
The use of victim impact statements in other proceedings, such as related family law matters, will also be restricted to after a finding of guilt in the principal criminal proceedings or where the court hearing the principal proceedings is satisfied that the victim impact statement has substantial probative value in other proceedings. As with the previous reform to require an adjournment for the preparation of a victim impact statement, this measure is aimed at increasing the uptake of victims preparing victim impact statements and ensuring that victim-survivors have a voice in the criminal justice process.
The bill will also amend the definition of the Family Violence Act to specifically recognise technology-facilitated abuse. The existing definition already incorporates a broad range of behaviours, including physical, sexual, emotional, psychological and
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