The state’s Attorney-General Mark Speakman said an amendment would be introduced in Parliament soon to exempt adult cases of sexual violence and family violence where the individual does not want the matter reported to police. Offences relating to children and youth offenders will still need to be reported to authorities under the changes. 

“[These laws] can put people in a terrible predicament and drive a wedge between the people who need help and the people who are there to help them,” Mr Speakman said, adding that worst of all, it may deter victims from seeking support if they fear that their confidentiality “may be broken when they share their story” to a counsellor. 

The reforms will create a “reasonable excuse” for not informing the authorities when a counsellor has a reasonable belief that the alleged victim does not want to report. This will also apply to other people with knowledge of the offences, including family, friends, colleagues, sexual violence service workers and educational institutions. 

Law Society of NSW president Richard Harvey welcomed the reforms, adding that the Law Society’s view is “it is appropriate that these people are not committing an offence merely by complying with the alleged victim’s wishes” to keep it to themselves. 

“The amendment should reflect a trauma-informed approach,” Mr Harvey added. “This is where an adult victim of a sexual or family violence offence is empowered to decide what action should be taken in response to the offence against them.”

Rape & Domestic Violence Services Australia executive officer Karen Willis said these reforms are very important for those who have experienced sexual, domestic or family violence to control their stories, which is a “crucial autonomy for victims”.

Mr Speakman said there is no indication that people meeting the proposed criteria have been charged under the current legislation, but this amendment will dispel concerns. 

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“This amendment will also assist the prosecution when considering whether to charge a person for this offence,” Mr Speakman said. “This strikes the right balance between ensuring people are able to respect the wishes of victims while continuing to encourage the community to report serious offences.”