Skip to main content
Home
  • The Legislative Assembly meets on 16/04/2024 (01:00 PM)
    Assembly sit 16/04/2024
  • The Legislative Council meets on 16/04/2024 (01:00 PM)
    Council sit 16/04/2024
  • The Public Administration meets on 08/04/2024 (10:00 AM)
    Committee meet 08/04/2024

Parliamentary Questions


Question Without Notice No. 97 asked in the Legislative Assembly on 24 February 2022 by Ms M.J. Hammat

Parliament: 41 Session: 1

SEXUAL ASSAULT LAWS — REFORM

97. Ms M.J. HAMMAT to the Minister for Women's Interests:

I refer to the McGowan Labor government's commitment to ensuring that all Western Australians are safe from sexual violence in their homes, workplaces and communities. Can the minister outline to the house how this government is prioritising reforms to prevent and respond to sexual violence in Western Australia?

Ms S.F. McGURK replied:

I thank the member for Mirrabooka for the question.

As I have raised in this chamber and publicly before, the reality is that this state has a significant problem when it comes to domestic violence and sexual violence. It is an issue in our city, in our suburbs and in our regional areas. In fact, most of us will know someone who has been affected by this sort of violence, and that is why we, as a government, have taken these issues very, very seriously. Of course, on the national stage, a number of women have been very, very determined to make their point clear, and we have seen an enormous amount of public support for their determination to get their perspectives heard, but it is important that we understand that this is not something that happens somewhere else; this is something that we in Western Australia, and throughout our community, need to be concerned about everywhere, as the member for Mirrabooka referred to in her question.

As the Minister for Women's Interests and Minister for Prevention of Family and Domestic Violence I am committed to making sure that we address this as comprehensively as we can. What has characterised us as a government—I certainly have appreciated it, and I think it has been noticed elsewhere—is the level of cooperation that we have had across ministries and different departments towards this effort. In a good demonstration of that, I was very proud to stand alongside the Attorney General and the Minister for Health when we announced the commissioning of Western Australia's first sexual violence prevention and response strategy. This piece of work will be done across those three areas and look at how we can not only prevent sexual violence but also respond to it effectively. This work will guide how government will prioritise its efforts to improve outcomes for victim survivors of sexual violence across the areas of, as I said, prevention, support for victims' recovery and holding perpetrators to account.

To complement this strategy, earlier this month the Attorney General and I announced two major reviews into WA's sexual assault laws. We recognise the need to modernise our laws and processes to assist victims to get justice, and we are committed to making that happen. First of all, the Law Reform Commission of Western Australia has been tasked with reviewing the sexual offence laws contained in the Criminal Code and providing advice on possible changes. This will include consideration of the concepts of affirmative consent—something that has recently been adopted in New South Wales; the mistake of fact defence; and how factors like stealthing, which is removing a condom without consent, might invalidate consent. This has been picked up in the ACT statutes. The commission will also consider the use of special verdicts in courts, which could be used to provide a victim with a better understanding of why a verdict has been reached. We know that, for many victims of sexual assault, the experience of the justice system can end up being nearly as traumatic as the offence itself, and we know that sexual assaults often go unreported because of that experience. The other thing the Attorney General and I announced was that the Department of Justice, through the office of the Commissioner for Victims of Crime, will undertake a separate project examining the end-to-and criminal justice process for victims of sexual offending, from reporting an offence to the release from custody of an offender.

All these projects will together ensure that our sexual offence laws are appropriate and that the experience of the victims who interact with the criminal justice system is as respectful, compassionate and empowering as possible. The state government also remains committed to implementing the Respect@Work: National inquiry into sexual harassment in Australian workplaces report. There are 18 recommendations in that report—12 for the state government and six that we will do jointly with the commonwealth. This builds on the strong record of our last term of government, when we passed the revenge porn legislation to criminalise non-consensual distribution of intimate images. Of course, we also delivered the Family Violence Legislation Reform Act, which gives WA the most progressive and significant law reform for family violence.

I have had the heavy responsibility but also the great privilege of holding the position of Minister for Women's Interests for the last five years, and I have heard countless stories from members of the public about harassment and assault. I am determined to bring about a safer Western Australia, and I know my colleagues in the McGowan government are also committed to doing that.

It is telling that, despite all the stories and media attention on this issue, particularly over the last couple of years, I have not been asked a single question by the opposition as Minister for Women's Interests in the last 1 000 days. For 1 000 days I have not been asked a question as the Minister for Women's Interests, and I think that speaks volumes. Fifty-two per cent of WA Labor representatives in this Parliament are women.

Ms L. Mettam interjected.

The DEPUTY SPEAKER: Deputy Leader of the Liberal Party!

Ms S.F. McGURK: We have women at leadership levels and we have women from a diverse range of backgrounds, but we have had no interest from the other side in asking questions in this chamber on these important issues facing the Western Australia community.

Several members interjected.

The DEPUTY SPEAKER: Leader of the Opposition! Deputy Leader of the Liberal Party! Members! Leader of the Opposition, your own member is trying to ask a question.