Amendment 0143A

Chapter:
7 - Community Safety and Criminal Justice
Mover:
Laura Rowe
Seconder:
Caitlin Tough
 
 
Source:
My Private Notes


Preamble
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The nature of legal cases is inherently complex. Our judicial system and the leadership of policymakers need to handle the complexity of these cases. Recent high-profile cases and findings from inquiries into the ACT justice system have shown areas for improvement. We should aim to design a criminal justice judicial system that is more accessible and delivers fairer outcomes. that recognises the important role victims (complainants) play and acknowledge that creating a system which respects their human rights and autonomy will result in a system that delivers outcomes more in line with community values. 

Take the Lehrmann case, for example. The way it was handled revealed major issues in how our justice system deals with high-profile cases, from managing evidence to treating the people involved. Another example is the case of Stephen Mitchell, the rock-climbing instructor who got a surprisingly light sentence for serious offenses, which led to public outcry and showed inconsistencies in sentencing.

In the ACT we have seen recent examples of how the treatment of complainants during criminal investigations and legal proceedings as well as approaches to sentencing has resulted in a criminal justice system that is out of step with community expectations. 

We have also seen examples of how media reporting on such matters can be sensationalised and have negative impacts not only the proceedings but also public discussions of sexual assault and domestic violence.  

These examples show why w We need to ensure our a judicial criminal justice system that is fair and transparent balances the rights of all parties and provides avenues for victims to make autonomous decisions regarding their privacy and participation during the process. By fixing these problems, we can rebuild public trust and make sure justice is served equally. We need thorough reforms to create a legal system that can handle complex cases and deliver outcomes that reflect our society's values.
Amendment

Amendment to 0053G

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Calls on the ACT Labor Government to: examine ways to investigate and improve outcomes for users of the ACT justice system.
  1. Acknowledge the importance of a justice system that is in line with the expectations and values our community and understands the importance of respecting the human rights and autonomy of victims in achieving this.
  2. Pay attention to the upcoming outcomes of the Australian Law Reform Commission (ALRC) inquiry into Justice Responses to Sexual Violence which has brought together the expertise of victim-survivors and the sector and commit to ensuring the ACT implements any necessary changes that arises. 
  3. Acknowledge that victims have an important contribution to make when it comes to bail and sentencing considerations for perpetrators and explore avenues to facilitate the participation of victims during these processes.
  4. Adequately fund and expand the provision of independent legal services to complainants to promote the protection of their rights and ensure they are able to make autonomous, well-informed decisions and receive representation on applications relating to their privacy and medical information. 
  5. Acknowledge the importance of allowing victim-survivors to make decisions regarding the publication of their identifying information in the media and commit to exploring the implementation of a tailored consent model (as is used in Victoria) for the publication of their information.