06.03.2025
The Final Report of the Australian Law Reform Commission’s (ALRC) Inquiry into Justice Reponses to Sexual Violence has been tabled in parliament today. The report, Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence, and its 64 recommendations are the culmination of a 12-month Inquiry.
The ALRC has concluded that the justice system is currently failing to meet the twin goals of access to justice and accountability. The justice system is not supporting those who have experienced sexual violence to seek justice, nor holding those who use sexual violence to account.
Sexual violence is one of the most widespread and serious harms confronting Australia. One in 5 women and 1 in 16 men have experienced sexual violence since the age of 15. Despite this prevalence, fewer than 1 in 10 incidents of sexual violence are reported to police. Where there is engagement with the justice system it is usually short-lived. In at least some Australian jurisdictions, between 75-85% of reports to police do not proceed to charge, and even fewer reports proceed to court. Once in court, many people report experiencing the justice system as retraumatising.
The ALRC’s report shines a spotlight on under-engagement with the justice system as the primary issue that needs to be addressed. If people who have experienced sexual violence do not feel sufficiently safe, informed and supported to access and utilise the justice system, the justice system’s critical role in responding to and preventing sexual violence cannot be realised.
ALRC President the Hon Justice Mordy Bromberg has thanked Commission staff and the Commissioners for the Inquiry the Hon Marcia Neave AO and Judge Liesl Kudelka, and welcomed the tabling of the Inquiry’s final report.
Quote from ALRC President the Hon Justice Mordy Bromberg:
“Overwhelmingly, people who have experienced sexual violence do not engage with the justice system for understandable reasons including fear, lack of trust or lack of information and support. The community rightly expects, and the rule of law requires, a justice system that is safe and accessible, yet we heard time and again from people who do not trust the system enough to engage in the first place, or were let down when they did.
This Inquiry provides a critical national and system-wide view of the problems with the justice system’s response to sexual violence, and gives government a detailed roadmap for how to fix it. Our recommendations go to addressing barriers to engagement; increasing system accountability; avoiding retraumatisation; countering myths and misconceptions about sexual violence; and creating new justice options. Importantly, these reforms can be delivered without compromising the fundamental rights of an accused person to a fair trial.
“I acknowledge and welcome the Government’s announcement today of additional funding for measures in line with our report. Implementing the ALRC’s recommendations will better ensure that people who have experienced sexual violence are able to access the justice system in a way that is safe, informed and supported. Implementation will diminish retraumatisation and provide to people who have experienced sexual violence additional justice options that meet their individual needs and interests. The justice system must be reformed if it is to play its critical role in addressing and preventing sexual violence.”
The ALRC’s 64 recommendations would improve the justice system’s response to sexual violence by:
- Addressing barriers for people who have experienced sexual violence to access and engage with the justice system;
- Strengthening the justice system’s accountability and processes, including by avoiding retraumatisation and countering myths and misconceptions about sexual violence; and
- Expanding justice pathways and the remedies available, including through civil and restorative justice pathways.
BACKGROUND
The ALRC’s inquiry was established by the Attorney-General on 23 January 2024.
During the Inquiry, the ALRC received 220 submissions from individuals and organisations, and undertook 126 consultations, involving more than 384 consultees. The Inquiry was also supported by an Australian Government appointed Expert Advisory Group comprised of people with experience of sexual violence and advocates, providing critical input into this complex and sensitive Inquiry.
FURTHER INFORMATION
- Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence
- Inquiry into Justice Responses to Sexual Violence page: www.alrc.gov.au/inquiry/justice-responses-to-sexual-violence/
- Inquiry Terms of Reference: www.alrc.gov.au/inquiry/justice-responses-to-sexual-violence/terms-of-reference/
- Issues Paper: www.alrc.gov.au/publication/jrsv-issues-paper-2024/
- Submissions to the Inquiry: www.alrc.gov.au/inquiry/justice-responses-to-sexual-violence/submissions/
- Q and As about the Report are available here: https://www.alrc.gov.au/wp-content/uploads/2025/03/JRSV-Final-Report-FAQs.pdf
ENDS
For more information or to request interviews contact:
Jez Hunghanfoo
Director of Communications and Engagement
Australian Law Reform Commission
P: 03 9959 5313
E: comms@alrc.gov.au