The Australian Law Reform Commission has delivered a sweeping blueprint to overhaul how the justice system responds to sexual violence, finding it is failing on both access to justice and accountability. The Final Report, Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence, was tabled in federal parliament and sets out 64 recommendations following a 12‑month inquiry.
The Commission says sexual violence remains one of the country’s most pervasive harms, with one in five women and one in 16 men experiencing sexual violence since the age of 15. Despite the prevalence, fewer than one in 10 incidents are reported to police. In several jurisdictions, between 75–85% of reports do not proceed to charge, with an even smaller proportion reaching court. Those who do engage with the courts often report the experience as retraumatising.
ALRC President the Hon Justice Mordy Bromberg said: “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 report identifies under‑engagement with the justice system as the central problem to solve, arguing the system cannot fulfil its role in responding to and preventing sexual violence unless people feel safe, informed and supported to use it.
Its recommendations focus on:
– Removing barriers that prevent people who have experienced sexual violence from accessing and staying engaged with the system.
– Strengthening accountability and processes, including measures to avoid retraumatisation and counter myths and misconceptions.
– Expanding pathways and remedies, including civil options and restorative justice.
The inquiry, established by the Attorney‑General on 23 January 2024, received 220 submissions and conducted 126 consultations with more than 384 participants. An Expert Advisory Group of people with lived experience and advocates provided further input.
The Final Report and summary are available on the ALRC website.
