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What Qld’s updated legislation means for criminal trials
In addition to allowing the public naming of Queenslanders accused of rape and other sexual offences, the state has made a number of updates to a handful of other legislation.
Naomi Neilson
From 3 October, a restriction in the Criminal Law (Sexual Offences) Act 1978 will be removed, allowing for media to report the identity of accused rapists and defendants charged with other prescribed sexual offences prior to the committal stage of the proceedings.
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This change brings Queensland in line with other Australian jurisdictions, except the Northern Territory.
Under the changes, the defendant, an alleged victim, or the prosecution can apply for a non-publication order, but the court will now need to consider other matters, including an alleged victim’s views.
The change is a direct response to a recommendation made by the Women’s Safety and Justice Taskforce.
Attorney-General and Minister for Justice Yvette D’Ath said those accused of a sexual offence will now be “treated the same as any other individual charged with an offence in Queensland”.
“We hope by modernising these laws, even more victim-survivors will be encouraged to report their experience to police,” Ms D’Ath said.
She added there is also work underway to assist journalists and media organisations with their obligations when reporting on sexual violence matters that are before the state’s courts.
The new laws have also amended the Criminal Code, the Penalties and Sentences Act 1992, the Youth Justice Act 1992, and the Victims of Crime Assistance Act 2009 as part of the state’s commitment to recognising the loss of an unborn child due to criminal conduct.
“This will ensure courts treat such tragic deaths as an aggravating factor during sentencing,” Ms D’Ath explained.
In addition, provisions for the qualifications and disqualification of justices of the peace and commissioners for declaration have been clarified to provide the community with further protections.
“The Palaszczuk government will continue to look at how we can further strengthen our justice system so it will hold offenders accountable and increase the transparency of sentencing decisions to meet community expectations,” Ms D’Ath said.
