Counsellors, friends and family of adults who disclose sexual and domestic violence will no longer face prosecution for respecting a victim’s wishes on whether to report the crime under an amendment introduced into Parliament last week.
Minister for the Prevention of Domestic Violence, Mark Speakman said that while it was important to report crime to the Authorities, the legislation didn’t address circumstances where an adult victim may not consent to a report being made.
“We want to ensure that victims receive the support they need without fearing that the person helping them may act against their wishes or face criminal prosecution,” Mr Speakman said.
“The Bill amends section 316 of the Crimes Act 1900, which requires a person who knows or believes that a serious indictable offence has been committed to report it to the police,” he said.
“Under the current legislation, failure to do so without reasonable excuse is an offence, and carries a maximum penalty of between two and five years imprisonment.”
Mr Speakman said this could put people in a terrible predicament and possibly drive a wedge between those who needed help and the people who were there to help them.
“Worst of all, it may even deter victims from seeking support if they fear their confidentiality may be broken when they share their story,” he said.
“Currently the legislation does not specify what might constitute a ‘reasonable excuse’ for failing to bring relevant information to the attention of Authorities.”
He said the amendment proposed that a person would have a reasonable excuse where the information related to a sexual offence or domestic violence offence; the alleged victim was an adult at the time that they had the information; and the person believed, on reasonable grounds, that the alleged victim didn’t wish to have the information reported to Authorities.
“There is no indication that people meeting the proposed criteria are being charged under the current legislation; however, this amendment will dispel any concerns,” Mr Speakman said.
