Improving the Justice System Response to Sexual Offences: Report (html)

12. Supporting people who have experienced sexual violence

Overview

• Too often, people who have experienced sexual violence are left alone to navigate a complex and frightening system.

• Victim survivors told us they need strong and continuous support to get justice.

• While Victoria has the foundation of a strong support system, we need to increase our investment to strengthen the services we have now.

• We need to make sure people can get the right support, at the right place and time, in the way they need it.

• We should move towards a model where someone ‘walks with’ those who have experienced sexual violence before, during and beyond their time in the criminal justice system.

• We should build this model by:

– identifying first the people who most need support, because their needs are not being met by existing services

– strengthening the role and resourcing of Victoria’s counsellor advocates, so they can support clients throughout the whole journey

– extending this model to other places where people go for support, such as Aboriginal community-controlled organisations.

• People who have experienced sexual violence also need legal advice and representation so they can exercise their rights and protect their interests where these differ from those of the prosecution.

• The new Victims Legal Service should provide this and it should extend, where needed, to legal representation up to the point of trial.

Victim survivors should no longer feel alone

12.1 Taking the step to reach out for support is far from easy. For most people, the first step is to reach out to their families and friends, or to their teachers and doctors. They might reach out through helplines or services that focus on their community (see Chapters 3 and 8).

12.2 Once they do reach out, they are often connected to Victoria’s formal support services for people who have experienced sexual violence. This is the focus of this chapter.

12.3 Victoria has the foundation of a strong support system. There are counsellor advocates in centres against sexual assault (CASAs) with decades of experience, a helpline and a service for child witnesses. There are volunteers who sit with people during police interviews and explain the layout of courts, and social workers who attend court to support those giving evidence.

12.4 Yet all too often a victim survivor still faces the justice system alone. She takes a taxi ride to the hospital, alone. She tries to tell her deeply personal story across the police counter, alone. She answers the police’s questions for hours, alone. She calls repeatedly to find out about the progress of her case, alone. She sits all day alone in the remote witness facility, too afraid to get lunch in case she runs into him. When the prosecution decides not to go ahead, or the trial ends, she is left alone with her regrets, grief and anger.^[2]

12.5 If we want to make the experience of the justice system less traumatic, then we must make sure victim survivors get the support they need. That is one of the strongest themes we heard in this inquiry, and it is supported by research.

12.6 For many people ‘justice’ is not about what happens at the end, but about how they experience the process. They may have different justice needs, including the need for counselling and emotional support (see Chapter 2). For many, getting justice means that they can move forward with their life.^[3]

12.7 Support can help people to engage with the criminal justice system. Many people only report to police because they received the support they needed first. For example, Deborah told us that she came to report after the person who had supported her rang the police. When the police contacted her to follow up, their supportive approach made her feel that reporting was something she wanted to do.^[4]

12.8 Practical and emotional support can make people feel confident to take part in the criminal justice system.^[5] The County Court of Victoria told us that reforms to increase support for complainants had improved the quality of their evidence.^[6]

12.9 However, in this inquiry we heard that people are still not getting the support they need. For example, people told us:

• It is still too hard to access specialist services. There can be long waiting lists for centres against sexual assault (CASAs), even for their priority clients.^[7] The after-hours helpline needs much more funding.^[8]

• Support is not always there when you need it. People need support before deciding to report to police, and when they report to police. There is often no court support for people involved in summary cases before the Magistrates’ Court of Victoria.^[9] More support is also needed when any justice process ends.

• Supports need to be flexible and holistic. There are gaps in meeting immediate practical or legal needs, such as getting a taxi to the hospital. Support services or programs also focus on the individual, rather than the family.

12.10 Not everyone wants to use mainstream services or feels comfortable with them. People need options so they can get the support they need from places they trust (see Chapter 8).

12.11 This chapter discusses what we need to do so that people no longer feel alone.

There is a strong base to build from

12.12 In Victoria, CASAs provide the main form of specialist support for people who have experienced sexual assault. They are an example of best practice support internationally.^[10] In this inquiry, we heard overwhelming support for the ‘brilliant’ work of CASA counsellor advocates.^[11]

12.13 CASA counsellor advocates provide counselling and therapy and also advocate for their clients. They provide them with independent information about their justice options, rights and access to services. They advocate for them with other services, such as health and social services. Counsellor advocates often provide counselling or support during the criminal justice process, if the client engages with that process. They consult with, educate and train other services in responding to sexual violence.

12.14 Some CASAs are co-located in multi-disciplinary centres across Victoria and do outreach to other community-specific organisations and women’s prisons (see

Chapter 8).

12.15 Victoria has a range of programs to support all victims of crime. Some give priority to victims of sexual offences (see Figure 16). Programs include:

• The Victims Support Agency within the Department of Justice and Community Safety runs the Victims of Crime Helpline and funds the Victims Assistance Program through providers across the state. This Program includes needs and risk assessments, referrals and limited funds for practical counselling and referrals to other services.^[12]

• The Child Witness Service prepares complainants and witnesses who are under 18 to give evidence, including by familiarising them with the court process and staff, supporting them and their families, and referring them to community agencies.^[13]

• The Victims and Witness Assistance Service, co-located and funded by the Office of Public Prosecutions, supports adult victims through the process of giving evidence, including by giving them information about how courts work and providing practical support.^[14]

• The Court Network, a service for everyone using courts in Victoria, has trained volunteers who inform people about going to court and court processes, support a person in court, and inform and refer people to legal support and other community services.^[15]

12.16 In Chapter 15 we discuss the intermediary program, independent third persons, as well as interpreters and translators. While these people also work directly with complainants, their function is not to provide emotional or practical support, but rather enhance participation in the justice process.

Figure 16: Programs to support victims of crime in Victoria

Changes to Victoria’s victim services are underway

12.17 In November 2020, a major review of Victoria’s victim services (the Victim Services Review) was published.^[16] It recommended a new model of victim services which would double the Victorian Government’s investment in victim support services. Its recommendations are being considered by the Victorian Government.

12.18 The Victorian Government is also considering the recommendations of a related review of the Child Witness Service.^[17] We therefore do not make any recommendations in relation to this service, although we note the praise we heard for the quality of its work.^[18]

12.19 The Victim Services Review proposed a new model that would provide three tiers of support:

• A Victims Support Centre. This would replace the current Victims of Crime Helpline. The service would go beyond its current focus on referrals by providing a risk and needs assessment, psychological first aid, funds to meet immediate needs, ‘light touch’ case coordination and referrals to other services.

• Clients with higher needs would be referred to the Victims Support and Recovery Program. This would replace the existing Victims Assistance Program. The revised program would provide more active case management.

• A specialised service for bereaved family members.^[19]

12.20 The model would also include a Victims Legal Advice Service consisting of a network of funded legal services co-located with the Victims Support Centre and Victims Support and Recovery program providers.^[20] In May 2021, the Victorian Government announced funding for a Victims Legal Service.^[21]

12.21 The Victim Services Review sets out a model which sees victim support services as a ‘lynchpin’ of the system that ‘actively navigates people through the service system’.^[22] This proposed model would greatly improve the experiences of victim survivors in the criminal justice system. If adopted, it would:

• help people to find and navigate services

• improve the quality of the responses

• improve access to legal information and advice (discussed below).

12.22 In Chapter 10 we discuss changes to Victoria’s financial assistance scheme for victims of crime. These changes will make it easier for victims of crime to access support.^[23]

The foundation of our supports must be strengthened

There is a need to invest in and improve existing services

12.23 In Chapter 4, we recommend as an urgent priority increasing our investment in the sexual assault ‘system’, including support services. The Victorian Government has invested more in sexual assault counselling services in recent times.^[25]

12.24 However, waiting lists are still far too long. Throughout this inquiry, we heard of people waiting months to access counselling or feeling forced to pay for their own psychologist.^[26] One person told us of waiting nine months before a trial.^[27] We were told that the Sexual Assault Crisis Line, which provides after-hours counselling support, needed to be better funded, connected and promoted.^[28] We were also told of gaps in counselling and other supports for family members affected by sexual offences, such as child sexual exploitation.^[29]

12.25 The impact of coronavirus (COVID-19) and extensive media coverage of sexual violence has increased demand for counselling. Demand will increase further if we succeed as a community in encouraging people to speak about their experiences.^[30]

12.26 Sexual Assault Services Victoria and Victoria Police identified the resourcing of the Victims and Witness Assistance Service (VWAS) as an issue.^[33] Sexual Assault Services Victoria told us it could only support the ‘most high-risk and vulnerable witnesses while they are actually giving evidence’. It said that Court Network volunteers were commonly used to support people in remote witness facilities. While this service was valued, many of these clients would have benefited from professional support provided through VWAS.^[34]

12.27 We heard that the Child Witness Service, while extremely valuable, was ‘really stretched’.^[35] The Office of the Public Advocate told us that the independent third persons program (discussed in Chapter 15) was not resourced to respond to the increasing demand and complexity of cases.^[36]

12.28 We agree with the Victim Services Review that more could and should be done to promote the Victims of Crime Helpline and Victims Assistance Program. Many people identified gaps in support that could have been filled by these services.

12.29 One parent told us how after a year of trying to get information about their court case, they had ‘finally stumbled’ across the ‘fantastic’ helpline, which had referred them to an ‘amazing’ support worker. The parent concluded:

The key challenge for us was that we really needed that support at the outset and missed out on very important support for a whole 12 months after the crime was committed. … I feel strongly that police, CASA, GPs and psychologists should all refer victims and families to the hotline and referral service as soon as they become aware of a serious crime.^[37]

12.30 In Chapter 5, we note that there is room to improve referrals between these programs, CASAs and Orange Doors.

12.31 The first and most crucial task of reform is to invest in sexual assault support services.

If people cannot get support when they need it, our other efforts—to encourage people to tell their story, to make sure they are believed and supported, and to support them to engage with the justice system if they choose to—are not only wasted, but more likely to cause harm than good.

12.32 In Chapter 8 we deal with the need to strengthen the ability of other organisations to respond to sexual violence, including by funding specialist sexual assault services to support such organisations to respond appropriately to sexual violence.

Victim survivors need immediate practical support

12.33 People also told us that they needed practical support. For example, they should be able to get taxi vouchers to get to their appointments or to forensic examinations, and people fearing for their safety should be able to get credit for a mobile phone.^[39]

12.34 People told us as well of the practical barriers in getting to court. For example, Lucille told us that her police officer gave her a $5 note for travel into court, which she described as ‘barely a bus ticket’. She told us that, while she understood ‘we don’t have all the funds in the world’, that being reimbursed $23 a day for taking a week off work to go to court was ‘not going to … pay the rent’.^[40]

12.35 Victims Assistance Program providers already have ‘brokerage’ funding that can be used to meet these practical needs, but many people do not know about this funding as typically people are referred to it after reporting to the police.^[41]

12.36 Community organisations offer support to people experiencing family violence through ‘flexible support packages’, introduced as part of the family violence reforms. They provide funding that can be used to address the individual needs of clients.^[42] Orange Doors have access to similar ‘brokerage’ funds.^[43]

12.37 However, CASAs and other organisations do not have access to similar funds. Some organisations, such as Djirra, have flexible support funding for those who have experienced family violence, but not for clients who have experienced sexual violence outside that context.^[44]

12.38 Flexible support packages are ‘highly regarded by clients’ and the family violence sector.^[45] Domestic Violence Victoria reports that their introduction statewide has ‘revolutionised the nature and timeliness of specialist family violence support’ by:

• providing support that is ‘tailored in a more responsive and agile way’

• increasing the ‘dignity and choice of victims-survivors when they are rebuilding their lives’

• improving efficiency within the system because they can prevent cases from escalating and minimise ‘client churn’.^[46]

12.39 Domestic Violence Victoria notes the importance of such packages for people on temporary visas.^[47] This group of people has very limited access to mainstream services and supports because of their visa status.

12.40 People who experience sexual violence often have immediate and practical needs like those who experience family violence. These needs could be met through the Victims Assistance Program, but that is not where many people go for support. We recommend building upon the success of flexible support packages by extending them to those who experience sexual violence so they can be delivered by all organisations supporting them, including CASAs.

12.41 This kind of support would help address some of the practical barriers people face in accessing justice, and can help to keep them engaged with the system and see it as a source of support. It can also make people more confident to take part in the criminal justice system.^[48]

There is a need for continuous support: ‘a little bit of light’

12.42 Strengthening the foundation of our support system should be the first step. The next step should be to move towards a model that joins up our support services and our legal systems for victim survivors—a model that means there is always someone bringing in a ‘little bit of light’.

England and Wales have an independent adviser model

12.43 In England and Wales, independent sexual violence advisers have been available since 2007. They are usually social workers or counsellors who provide practical and emotional support to people who have experienced sexual violence. Scotland has recently piloted a similar model.^[50]

12.44 The advisers:

• tailor support to the individual needs of the person they are supporting

• provide accurate and impartial information to them and their families

• provide emotional and practical support

• provide support before, during and after criminal and civil proceedings

• act as a single point of contact

• ensure their safety and the safety of their families.^[51]

12.45 A person does not have to make a police report to access an adviser. However, if a person chooses to report, the adviser supports them through and beyond the criminal justice process. The adviser’s role is broad and includes advocating for, educating, liaising for and supporting victim survivors. For example, they can liaise with police and deal with housing issues.^[52]

12.46 Advisers empower a person to make informed decisions about what to do. They address issues that could cause victim survivors to disengage from support services. They support people in dealing with the disruptions caused to their relationships. They also provide support to families of victim survivors.^[53]

12.47 These advisers mostly sit within sexual assault referral centres (similar to Victoria’s multi-disciplinary centres, a co-located set of services including police) and voluntary rape crisis centres (similar to our CASAs). The Home Office part-funds most roles within these services, although some advisers are funded by services themselves or through other means. An audit found a wide range of different models across England and Wales. It recommended some central oversight and coordinated training and supervision.^[54]

12.48 There are reforms underway to strengthen this model, including a new fund to expand recruitment, a consultation on setting out their role in legislation, and a national framework of standards, professionalisation and training. The government will also work to address concerns that the role of advisers is ‘not always fully understood by wider services and the courts’. There will also be changes to guidance to allow these advisers to better support victim survivors, including at police interviews, and to help them review and challenge requests for information from police and prosecutors.^[55]

12.49 This model was inspired by a similar model of independent domestic violence advisers. It has since been extended to child and adult trafficking victims.^[56] The child trafficking advocate pilot has been positively evaluated, with the service appearing to be ‘important in ensuring clarity, coherence and continuity for the child’.^[57]

There are existing advocacy models in Australia

12.50 This adviser role is referred to as an ‘advocate’ in other contexts. This does not mean a legal advocate, but someone who gives information, helps people navigate a range of services and supports, and ensures their rights and entitlements are achieved. Advocates identify barriers to people getting what they need and help remove these barriers if asked to do so.^[58]

12.51 This broader sense of advocacy is often used, especially in social services, to convey the sense that the role goes beyond advising someone about what they should do and extends to advocating for their best interests. The counsellor advocates in CASAs act as advocates in this broader sense, and we use the term in the same way.

12.52 The Child Witness Service also acts as an independent advocate for the child’s voices and wishes.^[59] However, the service does not include support before charges are laid and its scope of advocacy is narrower because its focus is on supporting a person to give evidence. We heard many comments about the value of the Child Witness Service that echo those for independent advocates.^[60]

12.53 An intensive support program exists for victims of forced marriage under the Commonwealth’s Support for Trafficked Persons Program (see box). The nature of this crime tends to involve complex trauma and often affects migrant and refugee communities.^[61]

Independent advocates have value

As a reform independent advocates are ‘hard to beat’

12.54 An independent review of the criminal justice system in England and Wales observed that, as ‘an example of a reform to a system that is effective, cost-effective and affordable, the establishment of [independent sexual violence advocates] is hard to beat’.^[63] Another review identified the model as one of the key reforms that improves support of victims (see box).^[64]

12.55 The evaluation of a similar model in Scotland also concluded that clients found such support ‘invaluable and life-changing’. They valued the information about the criminal justice process, the emotional support, and the range of support, which extended beyond the criminal justice system. The evaluation found, however, that more could be done to improve access before a police report and after a trial.^[66]

12.56 The Australian Institute of Family Studies has identified a role similar to an adviser as one of the three key reforms that could improve the experience of the justice system for complainants. Participants in that study said that such a role would:

• give them access to a person who was independent from others involved in the criminal justice system and focused solely on their concerns

• address the confusion about who was responsible for communicating with the complainant (as discussed in Chapter 17)

• help with the workloads of police and prosecutors in following up with people, especially when cases take so long to progress

• potentially provide support after the case had ended.^[67]

12.57 An evaluation of the New Zealand Sexual Violence Pilot Courts made a similar recommendation for an independent person to help navigate services and the legal system for young witnesses.^[68]

Victim advocates are a link between support and justice

12.58 These evaluations indicate that independent advocates improve the experiences of those in the justice system. In some cases, their role can be lifesaving.

12.59 Advocates can improve engagement with the criminal justice system. Their support can enable victim survivors to report to the police. Advocates ease people’s fears about court and they can be ‘crucial’ in helping people if they go to court. They also support them to deal with painful court outcomes.^[70]

12.60 There is increasing evidence of the value of the English adviser model. This research shows that advocates can make it easier for people to get justice, in the sense of helping them to recover from sexual violence.^[71] They can also influence practice and policy within organisations.^[72]

12.61 A recent review of the case files of over 500 rape cases in England has found a strong link between specialist support and criminal justice outcomes. Cases where a person received support from specialist services were significantly more likely to be deemed a crime, result in charge and almost twice as likely to result in a conviction than cases where a person did not. They were 42 per cent less likely to result in police taking ‘no further action’ and 49 per cent were less likely to withdraw from the process than people who did not receive specialist support.^[73]

12.62 A survey by the Victims’ Commissioner for England and Wales also found a promising link between support and attrition, with 10 per cent of those receiving support choosing to take no further action or withdrawing support, compared to 20 per cent of those who did not have support (see Figure 17). There is not enough research, however, to indicate that such support makes arrests, prosecutions or convictions more likely than in cases where a person does not receive support.^[74]

Figure 17: The link between support and attrition^[75]

12.63 There is some evidence in Australia that people supported by independent advocates are retraumatised less often and are less likely to withdraw from the criminal justice process than those who do not receive such support.^[76] The limited research in Australia does not identify a link between support and the rates of reporting and conviction. A few overseas studies do identify a link between support and justice outcomes, although it is difficult to rely on these because of the different models and contexts.^[77] One study found a significant difference in the number of people reporting to police when they had been supported by advocates through an outreach service for women from culturally and linguistically diverse communities.^[78]

12.64 There was no change in justice outcomes in Western Australia after adopting a multi-agency model with a child advocate. However, the model improved the experience of the child and the speed of the process.^[79] A small Australian case study of people with disability found an advocate had been important to the progression of a case.^[80]

12.65 Those on the frontline have observed a link between support and justice. We were told that the Child Witness Service had been important in increasing the sentences given to some people who had been found guilty.^[81] The Magistrates’ Court of Victoria said the Child Witness Service had made the process fairer and improved the court’s ability to manage proceedings.^[82]

There was widespread support for independent advocates

12.66 In our issues paper we asked how we could improve support for people experiencing sexual violence and identified the independent sexual violence adviser as a potential model.^[83] We heard widespread support for this or a similar model.^[84]

12.67 The Victims of Crime Commissioner supported the introduction of advisers based on the English model. The Commissioner noted that, while some of the functions of these models were already performed in Victoria, ‘it is not clear that these services are integrated in a way that victims have a single point of contact throughout’. In the Commissioner’s view, an independent advocate model should:

act as a ‘connector’ across both the service and justice system, providing victims of sexual assault with a single point of contact from the point of disclosure through to the completion of the criminal process (if relevant).^[85]

12.68 The Commissioner noted that such roles could encourage more genuine participation by people who had experienced sexual violence. An adviser could also encourage organisations to comply with their obligations under the Victims’ Charter Act 2006 (Vic), including through encouraging people to complain about breaches of the Victims’ Charter Act.^[86]

12.69 Members of the Victims of Crime Consultative Committee also supported the idea of a victims’ advocate as a ‘point of contact’ who could provide holistic support and ‘make you feel as though you’re being heard, and your case is important’. Current support services are focused on procedural issues, rather than ensuring the wellbeing of people affected by crime.^[87]

12.70 Djirra saw value in an independent sexual violence adviser if cultural safety was prioritised. The service would have to be properly funded, co-designed and delivered through a specialist Aboriginal organisation, and supported through meaningful training and clinical supervision.^[88]

12.71 Djirra emphasised the need for support before and after any court or alternative justice process. The adviser’s role should be broad and there should be no pressure for someone to engage with a justice process.^[89]

12.72 A member of the Safe Pathways to Healing Working Group also supported a specialist advocate model for Aboriginal victims.^[90] Similarly, an anonymous member of the Aboriginal community supported the idea of a ‘journey walker’ who could, for example, help the person to find safe housing when the offender was released. The community member said this would address the ‘biggest problem’ of who was responsible for each part of the case and make sure the responsible person was accountable to support the victim survivor from start to finish.^[91]

12.73 Flat Out, which works with women in and outside the prison system, also supported the idea of an independent advocate.^[92]

12.74 There was support from some others who had experienced sexual violence.^[94] People who responded to our online form spoke strongly of the need for much greater support. One woman said she would have liked to ‘have one body available that would listen and guide me through the process’.^[95]

12.75 Some people also told us of the lack of support after a criminal process ended. One person told us that after the police had decided there was not enough evidence, she was ‘left to find my own way home’ and ‘felt tossed out by the police’.^[96] Deborah told us that she needed a ‘proper debriefing after the trial’, and ‘not just a quick phone conversation where it was difficult to say anything substantive’.^[97]

12.76 Some responses identified risks. Madison, for example, cautioned about the risks of an advocate being dismissive or creating a power imbalance. Instead, the adviser should be a tool to help empower and liberate people who had experienced sexual violence.^[99] Similarly, Marie warned that there was a need for intensive training to address the advocate’s own views and bias.^[100]

12.77 Victoria Police saw value in considering a ‘dedicated service that aims to support victims as they make the decision to report to police, and through the investigative process’. Ongoing support through the process, by professionals with expertise in justice procedures, could complement existing support by CASA counsellors.^[101]

12.78 Victoria Police said that such support could put people in a better position to provide detailed police statements or other evidence, which may lead to better court outcomes. It also emphasised that support services needed to be accessible and appropriate for those reporting historical sexual offences, including from communities that face greater barriers to justice.^[102]

12.79 Several judges of the County Court of Victoria supported investigating the merits of the independent sexual violence adviser model in England and Wales.^[103] The Magistrates’ Court of Victoria noted that there was currently no support for complainants in summary contested matters. It thought there would be benefit to a properly resourced statewide support service for complainants, although it emphasised that expanding the intermediary scheme should take priority.^[104]

We recommend moving toward an independent advocate model

12.80 It is very clear that ‘joining up’ the support for people who experience sexual violence can, for some people, be a form of justice itself. It can make a real difference to their experience of the justice system.^[105] It may also make a difference to conventional justice outcomes, although that should not be the main focus of an advocate model.

12.81 We recognise that this kind of intensive support would benefit other victims of crime. However, there are reasons that justify more intensive support for those who have experienced sexual violence. These crimes, by their nature, profoundly violate a person’s sense of self. The traumatic effects of the crime mean that many will need support to access services and to exercise their rights.

12.82 Further, as discussed in Chapter 19, the nature of the criminal justice system makes it especially difficult for people to get justice for the sexual violence they experience. It is difficult for people to report sexual offending and difficult for these crimes to be prosecuted. For these reasons, we consider that a more intensive model of support can be justified for people who have experienced sexual violence.

What should be the key features of an independent advocate model?

12.83 We recommend that the Victorian Government move toward a model of single advocates, funded and appropriately trained and skilled, who can provide individualised and holistic support for people who have experienced sexual violence.

12.84 The functions of these advocates should include:

• providing information about justice options and general information about legal processes

• supporting victim survivors to understand and exercise their rights, including their rights to information, and information about the progress of their cases, under the Victims’ Charter Act

• supporting their individual needs, including by identifying any needs and referring them to services

• liaising with, and advocating for them to, services and legal systems.

12.85 We do not propose to design specific models of service delivery. These matters require close consultation and co-design, and are beyond this inquiry.

12.86 However, through our research and consultations, we have identified some key principles for any such model. The aim of the advocate should be to empower and liberate the person they are supporting. This is consistent with existing models, including CASA’s counsellor advocate model and the Support for Trafficked Persons Program.

12.87 It is important that access to an advocate should not be limited to those who engage with the criminal justice system. People should have choice and control, and for many people the criminal justice system will not be the right path. Similarly, access to an advocate should not end after engagement with the criminal justice system stops. Access to support should also not depend on which court a person is attending.

12.88 The need for support is often greatest for people who also face the greatest barriers in accessing justice. One concern with the English model is that it tends to provide support to those who may face fewer barriers to accessing support, probably because most advisers are located within existing support services.^[106]

12.89 The design of the model should address this risk by prioritising those who are under-served by existing services and the justice system. These people often also face the most complex interactions between services and systems and therefore need more support in navigating them. We discuss children and people with disability as people to prioritise below.

12.90 The model should be built with diverse access points in mind. These will need to be designed with those communities and with people who have experienced sexual violence. We discuss this below.

12.91 Another key feature of the model is that the independent advocates will need supervision and specialist training. We should learn from the lessons in England and Wales and ensure that an appropriate body provides oversight of the model. We discuss this in Chapter 22.

What are the priorities in an independent advocate model?

12.92 We recognise that such a model cannot be implemented immediately for everyone. Below, we identify some key priority areas which could provide useful stages as we move towards a model of supporting everyone.

We should build on Victoria’s model of counsellor advocates

12.93 The simplest and most effective place to start would be to begin with counsellor advocates within CASAs. They are both counsellors and advocates, who already advocate for their clients across a broad range of services.

12.94 Sexual Assault Services Victoria identified two key barriers to fulfilling a broader advocacy role along the English model. First, sexual assault services had previously fulfilled at least part of this role, but as referral and wait times have increased, their ability to fulfill this role has been reduced. Secondly, they needed to be recognised and respected, both formally and in practice, as playing a key role in supporting victim survivors through the justice system.

12.95 However, if these barriers could be addressed and sexual assault services resourced, centres against sexual assault would be in an excellent position to fill this role. For example, this could be funded as a stream of the victim support services run by the Department of Justice and Community Safety, similar to the English model.

12.96 This new role would need to be formalised. Relationships with existing services (such as the Victims and Witness Assistance Service) would need to be clearly set out, so it is understood who would provide court support and how this would be coordinated.^[107] Similarly, the role of the advocate should be clearly defined in relation to investigating and prosecuting agencies.^[108] For example, there should be guidance to clarify the limits of the assistance in preparing evidence. In Chapter 4, we recommend that this be done through a multi-agency protocol.

Children are a priority

12.97 We have identified children as a priority group that needs more support because of their age, the effects of sexual violence on their development, and the more complex interactions between services and the legal system.

12.98 The Commission for Children and Young People strongly encouraged establishing a free support service for children and young people, because of the ‘fragmented service system that missed important opportunities to intervene and support some of the most vulnerable children and young people in Victoria’.^[109]

12.99 The Gatehouse Centre, which provides counselling, advocacy and crisis care for children and young people who have experienced child sexual abuse, strongly supported a model of independent child advocates similar to the English model of independent sexual violence advisers.^[110] As well as performing the same functions as independent sexual violence advisers, these advocates could help them prepare for interviews, advocate for an intermediary, and help prosecutors communicate their decisions to children and young people. They could also represent children in the procedure for cross-examination recommended in Chapter 21.

12.100 A roundtable focused on children and young people also broadly supported this model. One participant spoke of the value of having someone who was a specialist in the child and their experience and would know their needs, such as how to best communicate with the child. This would reduce the need for the child’s story to be retold. It was also noted that the model could address a gap in support for children in non-criminal proceedings, including under the Reportable Conduct Scheme.^[111]

12.101 Child and family advocates perform similar roles in the child advocacy centres (which are like multi-disciplinary centres) in Western Australia. These advocates provide support from the time a child enters the centre, including through the investigation and criminal process and beyond. They take part in multi-disciplinary care team meetings weekly, which include updates and discussions on the progress of cases.^[112] Bravehearts supported a model similar to these child advocacy centres, which are commonly used in the United States, but noted that implementation in Australia was inconsistent and did not reflect best practice.^[113]

12.102 The New South Wales Ombudsman reported that all agencies involved in Western Australia’s model supported the role of the advocate. The police, while ‘initially reluctant’, were now ‘particularly positive’.^[114] Evaluations of the Western Australian model have found that caregivers are much more satisfied and there is a high engagement with therapeutic services.^[115]

12.103 While there is a compelling need for child advocates, the model would have to define clearly the relationship between the child advocate, the Child Witness Service and intermediaries. We consider that this can be achieved through good design.

12.104 We note the child advocates in Western Australia work well with the specialist Child Witness Service in that state, and intermediaries are court officers whose role is to help the court rather than to support the child. We also note that the Child Witness Service, intermediaries and others in the support system already work together well.^[116]

12.105 There are fewer overlaps between services in rural and regional areas, as the Child Witness Service has limited reach in the regions and intermediaries have not yet expanded to the regions (see Chapter 15).

12.106 Another area of need is for children in out-of-home care, who are less likely than other children to have family members, friends or other informal supports.^[117] The Law Institute of Victoria in its submission supported a recommendation for an independent advocate made in a previous report by the Commission for Children and Young People.^[118]

People with disability are a priority

12.107 As discussed in Chapter 2, people with disability are more likely to experience sexual violence than people without disability but they face many challenges in accessing justice.^[119] They are also likely to interact with multiple systems, including disability-specific systems.

12.108 For these reasons, advocacy plays a pivotal role in ensuring that their disclosures of sexual violence are taken seriously and acted on, which increases the likelihood of access to justice.^[120]

12.109 A member of the Victim Survivors’ Advisory Council, who identified as a person with disability, spoke of the need for an ‘independent advocate’ to help with forms and support people with disability throughout the process.^[121] The Victorian Advocacy League for Individuals with Disability also identified a need for clear advice about the justice system and a person to provide practical support in courts.^[122]

12.110 Sexual Assault Services Victoria strongly supported extending a pilot program, Making Rights Reality, which aimed to address the needs of people with disability by enhancing existing services.^[123]

12.111 The program involved a partnership between a CASA and a volunteer-run student legal clinic in south-east Melbourne. The Office of the Public Advocate trained CASA workers to work with people with disability, including to act as independent third persons (discussed in Chapter 15). Counsellor advocates provided ongoing advocacy and support during any criminal processes.

12.112 An evaluation recommended rolling out the program, although it noted the limited data from the pilot, and the need to make the program more visible.^[124] It found that one of the most valuable parts of the program was the project worker who could be consulted by counsellor advocates when dealing with cases. The project worker also developed useful Easy English materials.^[125]

12.113 This program provides a model that could improve access to justice for people with disability.

The independent advocate model could keep expanding

12.114 While starting with the CASAs makes sense, the model should not be confined to these organisations. As we discuss in Chapter 8, people reach out for support in many places.

12.115 We see potential for this model to extend to community-specific organisations such as Djirra^[126] or through a peer navigator model for LGBTIQA+ people.^[127] Similarly, funding could be provided to family violence services and settlement services that work with refugees for similar functions. As noted earlier, there would need to be appropriate clinical supervision and oversight. We discuss who should carry out these functions in Chapter 22.

12.116 As with CASAs, the funding could be used in different ways. Some organisations could extend or support existing roles. Some services may find it more effective to pool resources to deal with particular functions. For other organisations, a flexible model could attach funding to the person.^[128]

12.117 In some areas, the model could build upon existing workers within the Victims Assistance Program (or its replacement). For example, we heard of close collaboration between Koori Engagement Workers funded through the Victims Assistance Program.^[129]

Victim survivors need legal advice and representation

There is a gap in legal assistance

12.118 People who experience sexual violence need to understand their legal rights and options so that they can exercise them. As Dr Kerstin Braun submitted:

It is important to note that victims of sexual offences in Victorian criminal proceedings mainly act alone and frequently may not be aware of the rights already available to them …. Consequently, although victims’ rights in Victoria may exist on paper many victims may not or only sparingly exercise them in practice. The large number of different laws and policies relating to victims in general and particularly to victims of sexual offences may make it extremely difficult for a lay person to identify what their rights are and how to exercise them.^[130]

12.119 As noted above, a Victims Legal Service was announced by the Victorian Government in May 2021 ‘to provide critical support during criminal proceedings’.^[131] However, the scope of this service is not yet clear.

12.120 We have previously recommended a legal service for victims of violent indictable crime.^[132] A victims’ legal service was also recommended in the Victim Services Review, although the models differed.^[133] Other inquiries have also identified the need for legal assistance in areas such as victims’ compensation,^[134] and compensation and restitution matters.^[135]

12.121 The model proposed by the Victim Services Review would provide legal advice for victims of crime against the person and high-impact crimes that could not be met by other funded legal services. It recommended that legal advice should be available not only in relation to the criminal proceedings, but also intersecting areas of the law.

12.122 The model we proposed in 2016 was for a legal service that focused on the ‘substantive legal entitlements’ of victims. This referred to times during a trial when victims had the power to decide to exercise an entitlement under law independently of the prosecution. In those cases, it would not be appropriate to rely on the prosecution to give legal advice or assistance, because of potential conflicts between the interests of complainants and the public interest.^[136]

12.123 For example, complainants in sexual offence cases have rights to:

• object to requests to produce their confidential communications, such as counselling records (discussed in Chapter 21)

• object to evidence of their previous sexual history being discussed (see Chapter 21)

• object to being compelled to give evidence if they are a spouse, partner, parent or child of an accused person in a criminal proceeding^[137]

• object to giving evidence that may tend to prove that they have committed an offence or are liable for a civil penalty (the privilege against self-incrimination)^[138]

• apply for an order for compensation against the offender following a guilty finding.^[139]

12.124 We also recommended in 2016 that victims of crime should be entitled to request a restorative justice conference as part of the sentencing or compensation and restitution order process and that, if implemented, the legal service should also be available to advise on this entitlement.^[140] This recommendation was not implemented. In Chapter 9, we recommend a restorative justice scheme that should be available in these circumstances, among others.

12.125 We recommended that the legal service should be modelled on the Sexual Assault Communications Privilege Service at Legal Aid NSW,^[141] which provides legal advice and representation for complainants in sexual offence cases in relation to requests to produce confidential communications. Queensland established a similar legal service in December 2017.^[142]

12.126 We heard in this inquiry that people’s entitlements to protection of confidential communications and their sexual history are still not being fulfilled.^[143] For example, the Gatehouse Centre (a counselling service that works with children) told us that while it regularly challenged applications to produce counselling records, it was ‘concerned that vulnerable families and less well-resourced support agencies submit to such applications because they lack the knowledge and wherewithal to assert their rights’.^[144] (See Chapter 21.)

12.127 We also heard that children were not being given effective legal advice about giving evidence against their parents or the privilege against self-incrimination. When they were given legal advice pro bono, this was usually given too late. They may also need to be given such advice more than once for them to understand it. The Child Witness Service estimated around 400 child witnesses may need such legal advice.^[145]

12.128 The County Court of Victoria also suggested a need to consider independent legal representation for cases where subpoenas were filed requesting a complainant’s personal information, such as bank records (see Chapter 21).^[146]

12.129 Several submissions to this inquiry repeated their support for a dedicated victims legal service, including Victoria Legal Aid and the Victims of Crime Commissioner.^[147] Springvale Monash Legal Service told us that community legal services are well placed to offer dedicated and holistic legal support.^[148]

12.130 For the reasons explained in our review of the role of victims of crime, there continues to be a real need for an independent legal service for victims so that their entitlements in law can be exercised in practice. This is reflected in the recommendation at the end of this chapter.

There is a need for separate legal representation for victim survivors

There was support for legal representation

12.131 Several submissions called for complainants in sexual offence cases to have separate legal representation. This would extend beyond legal advice to representation in court.

12.132 The Victims of Crime Commissioner recommended that there should be a right to an independent lawyer to represent the rights and interests of complainants at key stages of the criminal justice process, including in relation to:

• applications to subpoena, access or use confidential medical or counselling records

• applications to be cross-examined on, or admit evidence about, the sexual activities of the complainant

• access and eligibility for the intermediary scheme

• special protections and alternative arrangements for giving evidence.^[149]

12.133 Dr Mary Iliadis recommended that separate legal representation should be introduced in defined contexts to protect complainants’ sensitive third-party evidence, including evidence of their previous sexual history, medical and counselling records and digital communications.^[150]

12.134 The Victims of Crime Commissioner recommended extending this to cross-examinations.^[151] Dr Kerstin Braun made a similar recommendation that a representative should be able to object to inadmissible questions during cross-examination.^[152]

12.135 We also heard from people who had experienced sexual violence who felt that providing them with a lawyer from the start would reduce power imbalances.^[153]

12.136 These submissions argued that the benefits of independent legal representation for complainants included:

• giving them a sense of having ‘rights, legitimacy and identity’ in the justice process^[154]

• enabling them to be more involved in the criminal justice process^[155]

• helping to reduce their anxiety and potentially encourage reporting and reduce attrition^[156]

• ensuring that complainants are provided with the information they need^[157]

• improving the quality of testimony by providing support during cross-examination^[158]

• acting as a check on other actors in the criminal justice process by, for example, identifying gaps in the information provided and encouraging everyone to take the complainant more seriously^[159]

• protecting against inadmissible and inappropriate questions being asked.^[160]

There is a trend towards separate legal representation

12.137 There is a growing literature investigating the value of legal representation for victim survivors of sexual offences (‘separate legal representation’).^[161] While traditionally separate legal representation has been more common in countries with civil law systems,^[162] it is also increasingly used in common law systems for complainants in cases involving sexual offences. A recent review in Northern Ireland (the Gillen Review) identified the following examples:

• In Ireland, the complainant has a right to separate representation in relation to an application by a defendant to introduce evidence about the complainant’s previous sexual history, with state-funded legal advice available for the application itself, and also more recently for applications for counselling records.

• In Scotland, courts have established a complainant’s right to legal aid to object to disclosure of their medical records.

• In various states in the United States, legal representation is available for applications to introduce sexual history evidence.

• In Canada, some provinces provide legal representation for third-party disclosure applications and legislation was introduced in 2017 to provide a right to legal representation for proceedings in relation to confidential communications.^[163]

12.138 The chief concern about introducing separate lawyers in common law jurisdictions has been how such a role would fit within the adversarial system, including the right to a fair trial. For example, there are concerns about the right of such a representative to cross-examine other witnesses and the accused, and to access privileged documents.^[164]

12.139 Dr Mary Iliadis argues that these concerns do not apply if separate legal representation is confined to ‘specific matters of evidence and procedure that interfere with the privacy and interests of victims’.^[165] This would be consistent with the common law trend. This would also help realise the protection of the privacy interests of complainants, including under the Victorian Charter of Human Rights.^[166]

12.140 Two recent innovations draw such a line. For example, lawyers in a pilot program for sexual violence complainants’ advocates in Northumbria, England:

• advise on the reporting process

• attend police interviews to ensure police follow procedures and victims are aware of their options

• protect their privacy rights during the investigation and disclosure

• act in their best interests in relation to the right to cross-examination on sexual history.^[167]

12.141 These lawyers attended the trial as a ‘silent party’ to ensure sexual history evidence is not introduced unless allowed. A recent evaluation has been positive about this pilot.^[168] The United Kingdom Government has committed to taking key lessons from this pilot to design and test a model of enhanced support and access to legal advice.^[169]

12.142 In Northern Ireland, a pilot scheme has begun to implement the recommendations of the Gillen Review. The Review recommended a scheme for legal advocates that would provide legal advice from the time the matter is first reported to the police up until, but not including trial, for a limited number of hours. This would include appearances at a cross-examination discussion (discussed in Chapter 21), so the legal advocate could challenge the appropriateness of intended questioning and uphold the complainant’s rights to dignified and respectful treatment. The Gillen Review found that this would be cost-effective.^[170]

We recommend a pilot scheme for separate legal representation

12.143 In addition to our 2016 recommendation for an independent legal service, we consider it is time to pilot a scheme of separate lawyers for complainants in sexual offence cases. Consistently with our previous recommendation, this would focus on the substantive legal entitlements of complainants, and their rights to privacy and dignified treatment. Separate legal representation would go a long way to make sure their rights and entitlements are realised in practice.

12.144 Legal representation that focuses on the substantive legal entitlements of complainants provides a way to strike the balance between a fair trial and protecting the rights of victims. Models in Australia and overseas indicate this balance can be struck fairly.

12.145 Most of these rights and interests are dealt with before the trial, in applications to introduce evidence, or in the case of compensation, after the trial. Practices adopted during COVID-19 also show that many pre-trial applications can be conducted without a hearing in court. This would further reduce the risk and the costs.

12.146 Our recommendation follows the approach adopted by the Gillen Review, and recommends legal advice and representation up to the point of trial. We have not recommended at this stage extending this to allow them to object during cross-examination.

12.147 Allowing for lawyers to be present during a trial raises complex issues, including:

• how this role fits within the adversarial system with two parties, the prosecutor and the accused

• it may appear to elevate private interests so that they are equal to that of the state

• potentially confusing the jury, especially if there were multiple complainants

• the risk of ‘complicat[ing] an already complex process’ and prolonging the trial

• the costs of funding a legal representative to attend trials.^[171]

12.148 Further, in Chapter 18, we recommend greater specialisation of defence lawyers to minimise improper questioning happening. In Chapter 21, we address the need for judges to use their powers to prevent improper questioning, including through a process to plan more effectively for a complainant’s participation at trial. The issues a complainant wishes to raise can be dealt with efficiently during this process, with the input of the complainant’s legal representative.

12.149 This also follows the model proposed in the Gillen Review. However, the option of attending as a ‘silent party’ could be explored in the design of the pilot. The design of the pilot should also consider the legal or ethical obligations of the legal representative, such as whether they would have a duty to disclose material relevant to the case. The evaluation of the pilot should consider the merits of the legal representative participating in the cross-examination of the complainant.

12.150 We recommend extending the role of counsellor advocates to providing support at trials. This would partly address the need for support during cross-examination, without introducing another lawyer into the process.

12.151 While we do not recommend that the legal representative should have a role at trial, the same concerns about confusion of roles do not apply to related hearings addressing substantive entitlements, such as applications for compensation orders after a trial. We therefore recommend that the legal representative should also be available in such hearings.

12.152 To clarify the relationship between the victim’s representative and the prosecutor, we recommend in Chapter 4 that their respective roles be clearly set out as part of the multi-agency protocol recommended in that chapter. This should include guidance on how the prosecutor and representative will work together to address issues at cross-examination such as improper questioning.

12.153 The pilot should establish a scheme with the same lawyer providing legal advice and representation if needed. This would mean that there is no need to establish a separate scheme for representation in court. The new Victims Legal Service could be extended to provide such support.

12.154 This follows the model in New South Wales, where Legal Aid NSW’s service for sexual assault privilege represents the victim survivor in hearings if needed. This would be more efficient and consistent with the principle of continuity of support recommended in this chapter.

12.155 Our recommendation identifies the rights and interests that should be included within the program. This includes entitlements and interests that would flow from other recommendations in this report, such as advice on the implications of taking part in restorative justice and referrals when applying for compensation or restitution orders (see Chapters 9 and 10).

1. Victorian Law Reform Commission, Improving the Response of the Justice System to Sexual Offences: Summary of Responses to Online Feedback Form from People with Experience of Sexual Assault (Report, April 2021).

   ↑

2. Ibid; Consultations 54 (Lucille Kent, a victim survivor of sexual assault), 56 (Cecilia, a victim survivor of sexual assault).

   ↑

3. Nicole Bluett-Boyd and Bianca Fileborn, Victim/Survivor-Focused Justice Responses and Reforms to Criminal Court Practice (Research Report No 27, Australian Institute of Family Studies (Cth), April 2014) 27 <https://aifs.gov.au/publications/victimsurvivor-focused-justice-responses-and-reforms-criminal-court-practice>.

   ↑

4. Consultation 69 (Deborah, a victim survivor of sexual assault).

   ↑

5. Oona Brooks-Hay et al, Evaluation of the Rape Crisis Scotland National Advocacy Project (Briefing No 01/2018, Scottish Centre for Crime and Justice Research, January 2018) 3–4 <https://www.sccjr.ac.uk/publications/evaluation-of-the-rape-crisis-scotland-national-advocacy-project-summary-report-jan-2018/>; Victims’ Commissioner for England and Wales, Victim Advocates: A Rapid Evidence Assessment (Report, February 2019) 12 <https://victimscommissioner.org.uk/published-reviews/victim-advocates-a-rapid-evidence-assessment/>.

   ↑

6. Submission 59 (County Court of Victoria).

   ↑

7. Victorian Law Reform Commission, Improving the Response of the Justice System to Sexual Offences: Summary of Responses to Online Feedback Form from People with Experience of Sexual Assault (Report, April 2021).

   ↑

8. Submissions 10 (Carolyn Worth AM and Mary Lancaster), 44 (Dr Patrick Tidmarsh and Dr Gemma Hamilton).

   ↑

9. Consultation 71 (Magistrates’ Court of Victoria (No 1)).

   ↑

10. See, eg, Natalie Slade, Literature Review on International Best Court Support Models for Victim-Survivors of Sexual Violence (Report, Ministry of Social Development (NZ), January 2020) 20–2 <https://msd.govt.nz/documents/about-msd-and-our-work/publications-resources/literature-reviews/literature-review-on-international-best-court-support-models-for-victim-survivors-of-sexual-violence.pdf>.

    ↑

11. Victorian Law Reform Commission, Improving the Response of the Justice System to Sexual Offences: Summary of Responses to Online Feedback Form from People with Experience of Sexual Assault (Report, April 2021).

    ↑

12. Centre for Innovative Justice, RMIT University, Strengthening Victoria’s Victim Support System: Victim Services Review (Final Report, November 2020) 110–12 <https://cij.org.au/cms/wp-content/uploads/2020/11/strengthening-victorias-victim-support-system-victim-services-review-centre-for-innovative-justice-november-2020.pdf>.

    ↑

13. ‘Child Witness Service’, Victims of Crime (Web Page, 10 June 2021) <http://www.victimsofcrime.vic.gov.au/going-to-court/child-witness-service>.

    ↑

14. Office of Public Prosecutions (Vic), Witness Assistance Service (Brochure) <http://www.opp.vic.gov.au/getdoc/4a8ca3d9-2e86-46d5-ae1b-6479c6156e37/WAS-brochure.aspx>.

    ↑

15. ‘How We Can Help’, Court Network (Web Page, 2021) <https://courtnetwork.com.au/get-support/how-we-can-help/>.

    ↑

16. Centre for Innovative Justice, RMIT University, Strengthening Victoria’s Victim Support System: Victim Services Review (Final Report, November 2020) <https://cij.org.au/cms/wp-content/uploads/2020/11/strengthening-victorias-victim-support-system-victim-services-review-centre-for-innovative-justice-november-2020.pdf>.

    ↑

17. As of 1 July 2021, this had not yet been published: ‘Child Witness Service Review’, RMIT Centre for Innovative Justice (Web Page, 2019) <https://cij.org.au/research-projects/child-witness-service-review/>.

    ↑

18. Consultations 23 (Sexual Assault Services Victoria Specialist Children’s Services), 61 (Children’s Court of Victoria), 86 (Magistrates’ Court of Victoria (No 2)).

    ↑

19. Centre for Innovative Justice, RMIT University, Strengthening Victoria’s Victim Support System: Victim Services Review (Final Report, November 2020) 16–17 <https://cij.org.au/cms/wp-content/uploads/2020/11/strengthening-victorias-victim-support-system-victim-services-review-centre-for-innovative-justice-november-2020.pdf>.

    ↑

20. Ibid 17, 147–55.

    ↑

21. Victorian Government, ‘Keeping Women and Children Safe’, Victorian Budget 21/22 (Web Page, 20 May 2021) <http://www.budget.vic.gov.au/keeping-women-and-children-safe>.

    ↑

22. Centre for Innovative Justice, RMIT University, Strengthening Victoria’s Victim Support System: Victim Services Review (Final Report, November 2020) 215 <https://cij.org.au/cms/wp-content/uploads/2020/11/strengthening-victorias-victim-support-system-victim-services-review-centre-for-innovative-justice-november-2020.pdf>.

    ↑

23. These reforms are based on recommendations by the Victorian Law Reform Commission, Review of the Victims of Crime Assistance Act 1996 (Report No 36, July 2018).

    ↑

24. Consultation 63 (A victim survivor of sexual assault, name withheld).

    ↑

25. In February 2019, the government reported it had increased funding for support services by 32% since 2014: Victorian Government, Annual Report 2018—Royal Commission into Institutional Responses to Child Sexual Abuse (Report, February 2019) 9 <https://apo.org.au/node/223711>.

    ↑

26. Victorian Law Reform Commission, Improving the Response of the Justice System to Sexual Offences: Summary of Responses to Online Feedback Form from People with Experience of Sexual Assault (Report, April 2021).

    ↑

27. Ibid.

    ↑

28. Submissions 10 (Carolyn Worth AM and Mary Lancaster), 17 (Sexual Assault Services Victoria), 44 (Dr Patrick Tidmarsh and Dr Gemma Hamilton).

    ↑

29. Submission 51 (PartnerSPEAK).

    ↑

30. Submission 56 (Domestic Violence Victoria).

    ↑

31. Consultation 56 (Cecilia, a victim survivor of sexual assault).

    ↑

32. Consultation 99 (Alison, the mother of a rape survivor).

    ↑

33. Submissions 67 (Sexual Assault Services Victoria), 68 (Victoria Police).

    ↑

34. Submission 17 (Sexual Assault Services Victoria).

    ↑

35. Ibid.

    ↑

36. Submission 41 (Office of the Public Advocate).

    ↑

37. Victorian Law Reform Commission, Improving the Response of the Justice System to Sexual Offences: Summary of Responses to Online Feedback Form from People with Experience of Sexual Assault (Report, April 2021).

    ↑

38. Consultation 56 (Cecilia, a victim survivor of sexual assault).

    ↑

39. Victorian Law Reform Commission, Improving the Response of the Justice System to Sexual Offences: Summary of Responses to Online Feedback Form from People with Experience of Sexual Assault (Report, April 2021).

    ↑

40. Consultation 54 (Lucille Kent, a victim survivor of sexual assault).

    ↑

41. Centre for Innovative Justice, RMIT University, Strengthening Victoria’s Victim Support System: Victim Services Review (Final Report, November 2020) 70, 201 <https://cij.org.au/cms/wp-content/uploads/2020/11/strengthening-victorias-victim-support-system-victim-services-review-centre-for-innovative-justice-november-2020.pdf>.

    ↑

42. Family Safety Victoria, Family Violence Flexible Support Package Initiative: Summary and Next Steps (Report, June 2019) <https://www.vic.gov.au/sites/default/files/2019-06/Flexible%20Support%20Package%20summary%20and%20next%20steps.pdf>.

    ↑

43. Victorian Government, The Orange Door Service Model (Guide, December 2019) <http://www.vic.gov.au/orange-door-service-model>.

    ↑

44. Submission 9 (Djirra).

    ↑

45. Family Violence Reform Implementation Monitor, Report of the Family Violence Reform Implementation Monitor (Report, 1 November 2020) 69 <http://www.fvrim.vic.gov.au/fourth-report-parliament-1-november-2020-tabled-may-2021>.

    ↑

46. Domestic Violence Victoria, Monitoring the Family Violence Reforms (Submission No 121, Family Violence Implementation Monitor, July 2020) 8–9 <https://www.fvrim.vic.gov.au/sites/default/files/2020-09/Submission%20%23121%20-%20Organisation%20-%20Domestic%20Violence%20Victoria_2.PDF>.

    ↑

47. Ibid 9.

    ↑

48. Oona Brooks-Hay et al, Evaluation of the Rape Crisis Scotland National Advocacy Project (Briefing No 01/2018, Scottish Centre for Crime and Justice Research, January 2018) 3–4 <https://www.sccjr.ac.uk/publications/evaluation-of-the-rape-crisis-scotland-national-advocacy-project-summary-report-jan-2018/>; Victims’ Commissioner for England and Wales, Victim Advocates: A Rapid Evidence Assessment (Report, February 2019) 12 <https://victimscommissioner.org.uk/published-reviews/victim-advocates-a-rapid-evidence-assessment/>.

    ↑

49. Consultation 31 (Geraldine, Deputy Chairperson of the Victim Survivors’ Advisory Council).

    ↑

50. Oona Brooks-Hay et al, Evaluation of the Rape Crisis Scotland National Advocacy Project (Briefing No 01/2018, Scottish Centre for Crime and Justice Research, January 2018) <https://www.sccjr.ac.uk/publications/evaluation-of-the-rape-crisis-scotland-national-advocacy-project-summary-report-jan-2018/>.

    ↑

51. Home Office (UK), The Role of the Independent Sexual Violence Adviser: Essential Elements (Report, September 2017) <https://www.gov.uk/government/publications/the-role-of-the-independent-sexual-violence-adviser-isva>.

    ↑

52. See ibid; Marianne Hester and Sarah-Jane Lilley, ‘More than Support to Court: Rape Victims and Specialist Sexual Violence Services’ (2018) 24(3) International Review of Victimology 313, 324.

    ↑

53. Marianne Hester and Sarah-Jane Lilley, ‘More than Support to Court: Rape Victims and Specialist Sexual Violence Services’ (2018) 24(3) International Review of Victimology 313, 315, 324.

    ↑

54. Susan Lea et al, An Audit of Independent Sexual Violence Advisors (ISVAs) in England and Wales (Report, February 2015).

    ↑

55. Ministry of Justice (UK), The End-to-End Rape Review Report on Findings and Actions (Consultation Paper No 437, June 2021) [55]–[60] <https://www.gov.uk/government/publications/end-to-end-rape-review-report-on-findings-and-actions>.

    ↑

56. Ravi KS Kohli et al, Evaluation of Independent Child Trafficking Advocates Trial: Final Report (Research Report No 86, Home Office UK, 17 December 2015) <https://www.gov.uk/government/publications/evaluation-of-independent-child-trafficking-advocates-trial-final-report>; ‘UK Victim Navigator Pilot’, Justice and Care (Web Page, 2018) <https://justiceandcare.org/uk-victim-navigator-pilot/>.

    ↑

57. Ravi KS Kohli et al, Evaluation of Independent Child Trafficking Advocates Trial: Final Report (Research Report No 86, Home Office UK, 17 December 2015) 6 <https://www.gov.uk/government/publications/evaluation-of-independent-child-trafficking-advocates-trial-final-report>.

    ↑

58. Victims’ Commissioner for England and Wales, Victim Advocates: A Rapid Evidence Assessment (Report, February 2019) 1 <https://victimscommissioner.org.uk/published-reviews/victim-advocates-a-rapid-evidence-assessment/>.

    ↑

59. Consultation 15 (Child Witness Service).

    ↑

60. See, eg, Consultation 23 (Sexual Assault Services Victoria Specialist Children’s Services).

    ↑

61. The program has supported people coming from 48 different countries: Australian Red Cross, Support for Trafficked People Program—Data Snapshot: 2009 to 2019 (Report, November 2019) 4 <https://www.redcross.org.au/getmedia/7a957782-a7a1-4b25-97c0-86930dbf0f53/ARC-Support-For-Trafficked-People-Program-Data-Snapshot-2009-to-2019-small.pdf.aspx>.

    ↑

62. Consultation 44 (Red Cross Support for Trafficked Persons Program).

    ↑

63. Vivien Stern, The Stern Review: An Independent Review into How Rape Complaints Are Handled by Public Authorities in England and Wales (Report, Home Office (UK), 2010) 105.

    ↑

64. Elaine Wedlock and Jacki Tapley, What Works in Supporting Victims of Crime: A Rapid Evidence Assessment (Report, Victims’ Commissioner for England and Wales and University of Portsmouth, March 2016) 5 <https://victimscommissioner.org.uk/published-reviews/what-works-in-supporting-victims-of-crime-a-rapid-evidence-assessment/>.

    ↑

65. Julian Molina and Sarah Poppleton, Rape Survivors and the Criminal Justice System (Report, 20 October 2020) 7, 26, 42, 56, 59, 64 <https://victimscommissioner.org.uk/published-reviews/rape-survivors-and-the-criminal-justice-system/>.

    ↑

66. Oona Brooks-Hay et al, Evaluation of the Rape Crisis Scotland National Advocacy Project (Briefing No 01/2018, Scottish Centre for Crime and Justice Research, January 2018) <https://www.sccjr.ac.uk/publications/evaluation-of-the-rape-crisis-scotland-national-advocacy-project-summary-report-jan-2018/>.

    ↑

67. Nicole Bluett-Boyd and Bianca Fileborn, Victim/Survivor-Focused Justice Responses and Reforms to Criminal Court Practice (Research Report No 27, Australian Institute of Family Studies (Cth), April 2014) xi–xiii, 46 <https://aifs.gov.au/publications/victimsurvivor-focused-justice-responses-and-reforms-criminal-court-practice>.

    ↑

68. Isabel Randell et al, Young Witnesses in New Zealand’s Sexual Violence Pilot Courts (Report, New Zealand Law Foundation, May 2020) 62 <https://www.lawfoundation.org.nz/wp-content/uploads/2020/05/2018_45_10_Young-Witnesses-in-NZs-Sexual-Violence-Pilot-Courts-final-research-report-rcvd-7.5.2020.pdf>.

    ↑

69. Quoted in Marianne Hester and Sarah-Jane Lilley, ‘More than Support to Court: Rape Victims and Specialist Sexual Violence Services’ (2018) 24(3) International Review of Victimology 313, 318.

    ↑

70. D Cody Gaines and William Wells, ‘Investigators’ and Prosecutors’ Perceptions of Collaborating with Victim Advocates on Sexual Assault Casework’ (2017) 28(6) Criminal Justice Policy Review 555, 560–4; Marianne Hester and Sarah-Jane Lilley, ‘More than Support to Court: Rape Victims and Specialist Sexual Violence Services’ (2018) 24(3) International Review of Victimology 313, 319–21.

    ↑

71. Marianne Hester and Sarah-Jane Lilley, ‘More than Support to Court: Rape Victims and Specialist Sexual Violence Services’ (2018) 24(3) International Review of Victimology 313, 324–5.

    ↑

72. Oona Brooks-Hay et al, Evaluation of the Rape Crisis Scotland National Advocacy Project (Briefing No 01/2018, Scottish Centre for Crime and Justice Research, January 2018) 4–5 <https://www.sccjr.ac.uk/publications/evaluation-of-the-rape-crisis-scotland-national-advocacy-project-summary-report-jan-2018/>.

    ↑

73. Sarah-Jane Lilley Walker et al, ‘Rape, Inequality and the Criminal Justice Response in England: The Importance of Age and Gender’ (2021) 21(3) Criminology & Criminal Justice 297, 304. The research defined specialist support services as including both independent advisers and Rape Crisis Centres (voluntary organisations similar to our centres against sexual assault).

    ↑

74. Victims’ Commissioner for England and Wales, Victim Advocates: A Rapid Evidence Assessment (Report, February 2019) 12–13 <https://victimscommissioner.org.uk/published-reviews/victim-advocates-a-rapid-evidence-assessment/>.

    ↑

75. Julian Molina and Sarah Poppleton, Rape Survivors and the Criminal Justice System (Report, 20 October 2020) 42 <https://victimscommissioner.org.uk/published-reviews/rape-survivors-and-the-criminal-justice-system/>.

    ↑

76. Debra Parkinson, Supporting Victims through the Legal Process: The Role of Sexual Assault Service Providers (ACSSA Wrap No 8, Australian Institute of Family Studies (Cth), 2010) 6–7 <http://www.aifs.gov.au/acssa/pubs/wrap/wrap8/index.html>.

    ↑

77. See, eg, Natalie Slade, Literature Review on International Best Court Support Models for Victim-Survivors of Sexual Violence (Report, Ministry of Social Development (NZ), January 2020) 18–19 <https://msd.govt.nz/documents/about-msd-and-our-work/publications-resources/literature-reviews/literature-review-on-international-best-court-support-models-for-victim-survivors-of-sexual-violence.pdf>.

    ↑

78. Victims’ Commissioner for England and Wales, Victim Advocates: A Rapid Evidence Assessment (Report, February 2019) 11 <https://victimscommissioner.org.uk/published-reviews/victim-advocates-a-rapid-evidence-assessment/>.

    ↑

79. James Herbert and Leah Bromfield, Multiagency Investigation & Support Team (MIST) Pilot: Evaluation Report (Report, Australian Centre for Child Protection, July 2017) 114–15.

    ↑

80. Margaret Camilleri, ‘[Dis]Abled Justice: Why Reports of Sexual Assault Made by Adults with Cognitive Impairment Fail to Proceed through the Justice System’ (PhD, University of Ballarat, 2009) 200, 209 <https://core.ac.uk/reader/212996548>.

    ↑

81. Consultation 23 (Sexual Assault Services Victoria Specialist Children’s Services).

    ↑

82. Consultation 71 (Magistrates’ Court of Victoria (No 1)).

    ↑

83. Victorian Law Reform Commission, Sexual Offences: Key Issues in the Criminal Justice System (Issue Paper B, October 2020) Question 6.

    ↑

84. Submissions 7 (Dr Bianca Fileborn, Dr Rachel Loney-Howes, Dr Tully O’Neill and Sophie Hindes), 9 (Djirra); Consultations 56 (Cecilia, a victim survivor of sexual assault), 58 (Victims of Crime Consultative Committee representatives), 77 (Witness J).

    ↑

85. Submission 45 (Victims of Crime Commissioner).

    ↑

86. Ibid.

    ↑

87. Consultation 58 (Victims of Crime Consultative Committee representatives).

    ↑

88. Submission 9 (Djirra).

    ↑

89. Ibid.

    ↑

90. Consultation 29 (Safe Pathways to Healing Working Group (North Metropolitan Aboriginal Sexual Assault Prevention and Healing Advisory Group)).

    ↑

91. Submission 20 (Anonymous member of Aboriginal community).

    ↑

92. Consultation 60 (Flat Out).

    ↑

93. Consultation 63 (A victim survivor of sexual assault, name withheld).

    ↑

94. See, eg, Consultation 56 (Cecilia, a victim survivor of sexual assault).

    ↑

95. Victorian Law Reform Commission, Improving the Response of the Justice System to Sexual Offences: Summary of Responses to Online Feedback Form from People with Experience of Sexual Assault (Report, April 2021).

    ↑

96. Ibid.

    ↑

97. Consultation 69 (Deborah, a victim survivor of sexual assault).

    ↑

98. Victorian Law Reform Commission, Improving the Response of the Justice System to Sexual Offences: Summary of Responses to Online Feedback Form from People with Experience of Sexual Assault (Report, April 2021).

    ↑

99. Submission 37 (Madison).

    ↑

100. Consultation 64 (Marie (a pseudonym)).

     ↑

101. Submission 68 (Victoria Police).

     ↑

102. Ibid.

     ↑

103. Submission 59 (County Court of Victoria).

     ↑

104. Consultation 71 (Magistrates’ Court of Victoria (No 1)).

     ↑

105. Victims’ Commissioner for England and Wales, Victim Advocates: A Rapid Evidence Assessment (Report, February 2019) 17–18 <https://victimscommissioner.org.uk/published-reviews/victim-advocates-a-rapid-evidence-assessment/>.

     ↑

106. Amanda L Robinson, Independent Sexual Violence Advisors: A Process Evaluation (Final Evaluation Report, Home Office (UK), 24 November 2009) 16 <http://orca.cf.ac.uk/24241/1/isvareport.pdf>.

     ↑

107. For example, the need for role clarity was identified by some advisers in the UK: ibid 39–40.

     ↑

108. D Cody Gaines and William Wells, ‘Investigators’ and Prosecutors’ Perceptions of Collaborating with Victim Advocates on Sexual Assault Casework’ (2017) 28(6) Criminal Justice Policy Review 555, 564–5.

     ↑

109. Submission 57 (Commission for Children and Young People (Vic)). See also Commission for Children and Young People (Vic), Neither Seen nor Heard: Inquiry into Issues of Family Violence in Child Deaths (Report, December 2016) <https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/neither-seen-nor-heard/>; Commission for Children and Young People (Vic), Lost, Not Forgotten: Inquiry into Children Who Died by Suicide and Were Known to Child Protection (Report, 2019).

     ↑

110. Submission 14 (Gatehouse Centre, Royal Children’s Hospital).

     ↑

111. Consultation 85 (Roundtable on the experience of children and young people).

     ↑

112. New South Wales Ombudsman, The JIRT Partnership—20 Years On (Report, August 2017) 47–8 <https://www.ombo.nsw.gov.au/news-and-publications/publications/reports/child-protection/the-jirt-partnership-20-years-on>.

     ↑

113. Submission 38 (Bravehearts).

     ↑

114. New South Wales Ombudsman, The JIRT Partnership—20 Years On (Report, August 2017) 47 <https://www.ombo.nsw.gov.au/news-and-publications/publications/reports/child-protection/the-jirt-partnership-20-years-on>.

     ↑

115. James Leslie Herbert and Leah Marie Bromfield, ‘A Quasi-Experimental Study of the Multi-Agency Investigation & Support Team (MIST): A Collaborative Response to Child Sexual Abuse’ (2021) 111 Child Abuse and Neglect 1, 11–12; James Herbert and Leah Bromfield, Multiagency Investigation & Support Team (MIST) Pilot: Evaluation Report (Report, Australian Centre for Child Protection, July 2017) 110.

     ↑

116. Consultation 15 (Child Witness Service).

     ↑

117. Consultation 65 (Commission for Children and Young People).

     ↑

118. Submission 40 (Law Institute of Victoria). The advocate model proposed in that report is more limited, and would include presenting the views of the child to an expert placement panel and hearing complaints from children: Commission for Children and Young People (Vic), “…As a Good Parent Would…” (Final Report, August 2015) 110, 117 <https://ccyp.vic.gov.au/upholding-childrens-rights/systemic-inquiries/as-a-good-parent-would/>.

     ↑

119. Jan Breckenridge and Gabrielle Flax, Service and Support Needs of Specific Population Groups That Have Experienced Child Sexual Abuse: Report for the Royal Commission into Institutional Responses to Child Sexual Abuse (Report, Gendered Violence Research Network, University of New South Wales, July 2016) 38–9 <https://apo.org.au/node/67423>; Law Reform Committee, Parliament of Victoria, Inquiry into Access to and Interaction with the Justice System by People with an Intellectual Disability and Their Families and Carers (Parliamentary Paper No 216, March 2013) 27–8 <https://www.parliament.vic.gov.au/57th-parliament/lawreform/inquiries/article/1461>; JaneMaree Maher et al, Women, Disability and Violence—Barriers to Accessing Justice (Horizons Research Report No 02/2018, ANROWS Australia’s National Research Organisation for Women’s Safety, April 2018) <https://apo.org.au/node/173826>; Victorian Equal Opportunity and Human Rights Commission, Beyond Doubt: The Experiences of People with Disabilities Reporting Crime—Research Findings (Report, July 2014) <https://www.humanrights.vic.gov.au/resources/beyond-doubt-the-experiences-of-people-with-disabilities-reporting-crime-jul-2014/>.

     ↑

120. See, eg, Margaret Camilleri and Cassie Pedersen, Hear Us: The Experiences of Persons with Complex Communication Needs in Accessing Justice (Report, Federation University, 2019) 77.

     ↑

121. Consultation 32 (Anonymous member, Victim Survivors’ Advisory Council).

     ↑

122. Submission 64 (Victorian Advocacy League for Individuals with Disability).

     ↑

123. Submission 17 (Sexual Assault Services Victoria).

     ↑

124. Patsie Frawley, Making Rights Reality (Final Evaluation Report, La Trobe University, 2014) 33–4.

     ↑

125. Ibid 10–11.

     ↑

126. Submission 9 (Djirra).

     ↑

127. Consultation 40 (Roundtable consultation with Transgender Victoria, Bisexual Alliance and Drummond Street Services).

     ↑

128. For example, Targeted Care Packages fund transitions for children and young people out of residential care but attach the funding to the person, with a ‘key worker’ typically funded as part of that package: Department of Health and Human Services (Vic), Targeted Care Packages (Implementation Manual, January 2020) 9–10 <https://fac.dhhs.vic.gov.au/tcp-implementation-manual>.

     ↑

129. Consultation 67 (Loddon Mallee Regional Aboriginal Justice Advisory Committee).

     ↑

130. Submission 2 (Dr Kerstin Braun).

     ↑

131. Victorian Government, ‘Keeping Women and Children Safe’, Victorian Budget 21/22 (Web Page, 20 May 2021) <http://www.budget.vic.gov.au/keeping-women-and-children-safe>.

     ↑

132. Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process (Report No 34, August 2016) Recommendation 23.

     ↑

133. Centre for Innovative Justice, RMIT University, Strengthening Victoria’s Victim Support System: Victim Services Review (Final Report, November 2020) 147–155 <https://cij.org.au/cms/wp-content/uploads/2020/11/strengthening-victorias-victim-support-system-victim-services-review-centre-for-innovative-justice-november-2020.pdf>.

     ↑

134. A case-management function was included as part of the proposal for a reformed victims of crime compensation scheme: Victorian Law Reform Commission, Review of the Victims of Crime Assistance Act 1996 (Report No 36, July 2018) Recommendation 16.

     ↑

135. Sentencing Advisory Council (Vic), Restitution and Compensation Orders (Report, 25 October 2018) Recommendation 8 <https://www.sentencingcouncil.vic.gov.au/publications/restitution-and-compensation-orders-report>. The Coronial Council has also recommended a victims’ service for families involved in coronial processes: Coronial Council of Victoria, Coronial Council Appeals Review (Report, November 2017) Recommendation 6 <https://engage.vic.gov.au/coronialappeals>.

     ↑

136. Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process (Report No 34, August 2016) 122–3 [6.95]–[6.103], Recommendation 23. The recommendation also extended to asserting a human right or protecting vulnerable people, in exceptional circumstances.

     ↑

137. Evidence Act 2008 (Vic) s 18. The person is not required to give evidence if a court finds that the likelihood of harm to the relationship between the person and the accused outweighs the desirability of having the evidence given.

     ↑

138. Ibid s 128. The court must determine whether the person has reasonable grounds for this belief, and it can only require the witness to give evidence if satisfied the evidence is not likely to incriminate the person. If so, the person must be given a certificate that can be used to prevent the evidence being used in any other proceeding, other than for proceedings in respect of the falsity of the evidence.

     ↑

139. Sentencing Act 1991 (Vic) s 85B. See also Submission 14 (Gatehouse Centre, Royal Children’s Hospital).

     ↑

140. Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process (Report No 34, August 2016) 122 [6.96], Recommendations 23, 32.

     ↑

141. Ibid Recommendation 23.

     ↑

142. ‘Sexual Assault Counselling Privilege (Counselling Notes Protect)’, Legal Aid Queensland (Web Page, 2020) <https://www.legalaid.qld.gov.au/About-us/Policies-and-procedures/Grants-Handbook/What-do-we-fund/Civil-law/Sexual-Assault-Counselling-Privilege-Counselling-Notes-Protect>; Evidence Act 1977 (Qld) Div 2A.

     ↑

143. The research is discussed by Submission 23 (Dr Mary Iliadis).

     ↑

144. Submission 14 (Gatehouse Centre, Royal Children’s Hospital).

     ↑

145. Consultation 15 (Child Witness Service).

     ↑

146. Submission 59 (County Court of Victoria).

     ↑

147. Submissions 27 (Victoria Legal Aid), 45 (Victims of Crime Commissioner).

     ↑

148. Submission 55 (Springvale Monash Legal Service).

     ↑

149. Submission 45 (Victims of Crime Commissioner).

     ↑

150. Submission 23 (Dr Mary Iliadis). See also Mary Iliadis, ‘The Prospect of ILR for Sexual Assault Victims within Victoria’s Criminal Prosecution Process’ in Adversarial Justice and Victims’ Rights (Routledge, 2020) 126; Mary Iliadis, Kate Fitz-Gibbon and Sandra Walklate, ‘Improving Justice Responses for Victims of Intimate Partner Violence: Examining the Merits of the Provision of Independent Legal Representation’ (2019) 45(1) International Journal of Comparative and Applied Criminal Justice 105.

     ↑

151. Submission 45 (Victims of Crime Commissioner).

     ↑

152. Submission 2 (Dr Kerstin Braun). See also Kerstin Braun, ‘Legal Representation for Sexual Assault Victims—Possibilities for Law Reform?’ (2014) 25(3) Current Issues in Criminal Justice 819.

     ↑

153. Victorian Law Reform Commission, Improving the Response of the Justice System to Sexual Offences: Summary of Responses to Online Feedback Form from People with Experience of Sexual Assault (Report, April 2021).

     ↑

154. Submission 2 (Dr Kerstin Braun).

     ↑

155. Submission 62 (Shine Lawyers (on behalf of Ms Kim Elzaibak)).

     ↑

156. Submissions 2 (Dr Kerstin Braun), 23 (Dr Mary Iliadis).

     ↑

157. Submission 2 (Dr Kerstin Braun).

     ↑

158. Ibid.

     ↑

159. Ibid.

     ↑

160. Ibid.

     ↑

161. This is also called independent legal representation. See, eg, Kelly Alison Behre, ‘Ensuring Choice and Voice for Campus Sexual Assault Victims: A Call for Victims’ Attorneys’ (2017) 65 Drake Law Review 293; Kerstin Braun, ‘Legal Representation for Sexual Assault Victims—Possibilities for Law Reform?’ (2014) 25(3) Current Issues in Criminal Justice 819; Mary Iliadis, ‘The Prospect of ILR for Sexual Assault Victims within Victoria’s Criminal Prosecution Process’ in Adversarial Justice and Victims’ Rights (Routledge, 2020) 126; Mary Iliadis, Kate Fitz-Gibbon and Sandra Walklate, ‘Improving Justice Responses for Victims of Intimate Partner Violence: Examining the Merits of the Provision of Independent Legal Representation’ (2019) 45(1) International Journal of Comparative and Applied Criminal Justice 105; Fiona E Raitt, Independent Legal Representation for Complainers in Sexual Offence Trials (Research Report, Rape Crisis Scotland, 2010).

     ↑

162. For example, there are well-established schemes in Denmark, Sweden and Germany. These are discussed in Submission 2 (Dr Kerstin Braun).

     ↑

163. John Gillen, Gillen Review: Report into the Law and Procedures in Serious Sexual Offences in Northern Ireland (Report, 9 May 2019) 167–9, 171 <https://www.justice-ni.gov.uk/sites/default/files/publications/justice/gillen-report-may-2019.pdf>.

     ↑

164. Submissions 2 (Dr Kerstin Braun), 23 (Dr Mary Iliadis); Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process (Report No 34, August 2016).

     ↑

165. Submission 23 (Dr Mary Iliadis).

     ↑

166. Charter of Human Rights and Responsibilities Act 2006 (Vic) s 13. See generally Victorian Law Reform Commission, The Role of Victims of Crime in the Criminal Trial Process (Report No 34, August 2016) 200 [8.126]–[8.130].

     ↑

167. Olivia Smith and Ellen Daly, Evaluation of the Sexual Violence Complainants’ Advocate Scheme (Final Report, December 2020) 43–5 <http://www.northumbria-pcc.gov.uk/v2/wp-content/uploads/2020/12/SVCA-Evaluation-Final-Report-2.pdf>. The pilot ran from September 2018 to December 2019: Ministry of Justice (UK), The End-to-End Rape Review Report on Findings and Actions (Consultation Paper No 437, June 2021) [61] <https://www.gov.uk/government/publications/end-to-end-rape-review-report-on-findings-and-actions>.

     ↑

168. Olivia Smith and Ellen Daly, Evaluation of the Sexual Violence Complainants’ Advocate Scheme (Final Report, December 2020) 8 <http://www.northumbria-pcc.gov.uk/v2/wp-content/uploads/2020/12/SVCA-Evaluation-Final-Report-2.pdf>.

     ↑

169. Ministry of Justice (UK), The End-to-End Rape Review Report on Findings and Actions (Consultation Paper No 437, June 2021) [61] <https://www.gov.uk/government/publications/end-to-end-rape-review-report-on-findings-and-actions>.

     ↑

170. John Gillen, Gillen Review: Report into the Law and Procedures in Serious Sexual Offences in Northern Ireland (Report, 9 May 2019) ch 5 <https://www.justice-ni.gov.uk/sites/default/files/publications/justice/gillen-report-may-2019.pdf>.

     ↑

171. Ibid [5.103].

     ↑