List of recommendations
Recommendation 1
5.7The committee recommends that, in all responses to sexual violence, governments and non-government organisations ensure that the agency of victim-survivors is paramount, actively respected and upheld.
Recommendation 2
5.17The committee recommends that Australian jurisdictions that have recently legislated an affirmative consent model, design and implement a framework for the evaluation of that standard, with outcomes to be reported to the Standing Council of Attorneys-General and the Australian Law Reform Commission, to inform all Australian governments about the impacts of an affirmative consent model in sexual consent laws and to assist the Australian Law Reform Commission in conducting its review process (referred to below).
Recommendation 3
5.18The committee recommends that state and territory evaluations of the impact of affirmative consent models is an annual standing item on the agenda of the Standing Council of Attorneys-General.
Recommendation 4
5.29The committee recommends that the Australian Law Reform Commission includes an affirmative consent standard in any proposal to harmonise Australia’s sexual consent laws and taking into account the evidence of the operation of recently adopted affirmative consent laws.
Recommendation 5
5.30The committee recommends that the Commonwealth government responds to recommendations made by the Australian Law Reform Commission, within six months of the Commission presenting its report.
Recommendation 6
5.36The committee recommends that the Commonwealth government provides ongoing funding for research into the prevalence of sexual violence in Australia and the impact of responses to it, including through regular surveys of students (including those living in university residences) and young people.
Recommendation 7
5.43The committee recommends that state and territory governments, in collaboration with relevant stakeholders, develop and deliver materials to provide people who report sexual assaults with appropriate guidance and information, including:
an explanation of how a complaint will be investigated;
an explanation of how the criminal justice system operates;
the purpose of giving evidence-in-chief and cross examination;
the level of detail required for evidential purposes; and
the obligation on the accused’s legal representative to challenge evidence.
Recommendation 8
5.45The committee recommends that the Commonwealth government assess the success of pilot projects for specialised and trauma-informed legal services and, if successful, fund an expansion of the provision of such services for the benefit of victim-survivors.
Recommendation 9
5.52The committee recommends that the state and territory governments consider establishing a restorative justice pilot program and a specialist sexual violence court pilot for sexual offending, to explore more sensitive and trauma-informed approaches to sexual violence in the criminal justice system.
Recommendation 10
5.59The committee recommends that the Commonwealth government, through the Police Ministers Council, develops principles to guide ongoing specialist education and training to state and territory law enforcement officers, to ensure culturally appropriate and trauma-informed responses to victim‑survivors of sexual assault.
Recommendation 11
5.69The committee recommends that the Attorney-General’s Department, in collaboration with the Australian Institute of Judicial Administration and other relevant stakeholders, develops and delivers a National Sexual Violence Bench Book, to assist judicial officers to recognise and respond to sexual violence in a culturally appropriate and trauma-informed manner. This resource should specifically address rape myths and misconceptions.
Recommendation 12
5.73The committee recommends that the Australian Law Reform Commission considers whether model jury directions should be developed as part of any initiative to harmonise Australia’s sexual consent laws. This model should include express requirements as to the timing and circumstances in which jury directions must be given.
Recommendation 13
5.85The committee recommends that the Commonwealth government, through the Education Ministers Meeting and in consultation with relevant stakeholders, develops a strategy and delivers funding (in conjunction with the states and territories) for upskilling the education workforce, to achieve the consistent and effective delivery of comprehensive Respectful Relationships Education in Australian schools. This should include consideration of mandatory education in the Initial Teacher Education Curriculum.
Recommendation 14
5.87The committee recommends that the Commonwealth government considers ongoing funding as a National Partnership Payment, to sufficiently resource those elements of Australian Curriculum 9.0 that provide for Respectful Relationships Education, including through a strategic investment in workforce development. Particular consideration should be given to addressing long-standing concerns about under-funding in public schools and the need to additionally resource specialist third-party providers.
Recommendation 15
5.97The committee recommends that Universities Australia conducts a second National Student Safety Survey, with survey results made publicly available no later 2025, and commits to conducting a national student safety survey on an ongoing basis every three years, to provide all stakeholders with up-to-date and accurate information about sexual violence on campus. This survey should encompass students of all ages on campus, including 17-year-old students who are at no less risk of sexual harm by virtue of not yet being 18.
Recommendation 16
5.119The committee recommends that the Commonwealth government implements an independent taskforce with strong powers, to oversight universities’ policies and practices to prevent and respond to sexual violence on campus and in residences. The committee recommends that the taskforce provides:
an effective and accessible complaints process;
meaningful accountability for both universities and residences if standards are not met; and
transparency around which institutions are providing appropriate and effective responses and prevention initiatives.
Recommendation 17
5.121The committee recommends that the Commonwealth government commissions an independent review of the Tertiary Education Quality and Standards Agency’s response to sexual violence on university campuses.