Original drafting risked unintended legal problems
The sharpest criticism was that the government’s first draft was badly drafted and had unintended consequences serious enough to risk undermining prosecutions unless fixed by amendment.
Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence)
Current status
This bill became law on Dec 10th, 2024.
Policy area
Law, justice & rights
What does this bill do?
More Commonwealth criminal cases now get special protections for child witnesses and vulnerable adult complainants, including some international crimes and drug offences involving children.
Why was it introduced?
Commonwealth criminal proceedingsThese are criminal cases brought under federal law, not state or territory law. left some child witnesses and vulnerable adult complainants without strong enough protections, exposing them to retraumatisation and invasive sexual history or reputation evidence. The bill expands special protections to more offences, limits that evidence, allows recorded testimony, protects recordings, and clarifies when survivors can identify themselves.
Broader context
Since 2001, Commonwealth law had special protections for children in some sexual offence proceedings, but gaps remained so vulnerable adult complainants and some child witnesses in other Commonwealth cases could still face retraumatising courtroom processes and intrusive sexual history or reputation evidence. The bill was introduced in February 2024 to extend trauma-informed safeguards across more Commonwealth offences and, after Parliament passed it in November 2024 and it received Royal AssentThe final approval that turns a bill passed by Parliament into an Act of law. in December, those broader protections became law.
Key criticism
The main criticism was that the bill’s original drafting was flawed enough to create unintended consequences that could have weakened or complicated sexual offence prosecutions until it was corrected. That concern was raised most clearly by Coalition speakers and reflected the push for Senate committee scrutiny, but no party represented in the debate ultimately opposed the bill after amendments.
Who supported it?
Mark Dreyfus MP introduced this bill. It passed on the voices.
Introduced in House 07 Feb 2024
Passed House 15 Feb 2024
Passed Senate 28 Nov 2024
Became law 10 Dec 2024
Did it become law?
Yes
Became law 10 Dec 2024
Final passage
Passed without a counted vote
4 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.
Passage speed
307 days
From introduction to the latest recorded parliamentary step
Meaning
What does this bill do?
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More Commonwealth criminal cases now get special protections for child witnesses and vulnerable adult complainants, including some international crimes and drug offences involving children.
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Courts can no longer admit evidence about a vulnerable adult complainantAn adult complainant the court treats as needing extra protection because giving evidence could be especially harmful or distressing.’s sexual reputation in these proceedings.
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Courts can only admit evidence about a vulnerable adult complainantAn adult complainant the court treats as needing extra protection because giving evidence could be especially harmful or distressing.’s sexual history in limited cases when it is clearly relevant and worth the harm it may cause.
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Courts can let vulnerable people give recorded evidence, keep them from having to face the accused while doing it, and make it a crime to copy, damage, alter, possess or share the recordings.
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Victims and survivors can publicly identify themselves if they choose, and other people can identify them only under clarified consent rules.
Show source excerpts
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expanding the range of offences to which special rules for proceedings involving children and vulnerable adults in Part IAD of the Crimes Act apply, in order to more comprehensively protect vulnerable persons. The expanded offences include crimes against humanity, war crimes and drug offences involving children;
Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) explanatory memorandum -
Evidence of a vulnerable adult complainant’s reputation with respect to sexual activities is inadmissible in a vulnerable adult proceeding.
Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Act 2024 final Act text -
restricting the admissibility of sexual experience evidence of vulnerable adult complainants unless the court grants leave and considers specific criteria, including that the evidence is substantially relevant to the facts in issue. The court must also give regard to whether its probative value outweighs any distress, humiliation or embarrassment to the vulnerable person;
Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) explanatory memorandum -
The bill addresses barriers that may deter vulnerable witnesses from giving evidence. The new measures allow for a vulnerable person to give evidence by way of video or audio recording, and for evidence to be recorded for use at subsequent proceedings. Importantly, witnesses will not be required to see the defendant when giving recorded evidence, and it will be an offence to intentionally copy, damage, alter, possess or supply recordings of the evidence. This aims to reduce the risk of retraumatising victims and survivors and will enable vulnerable persons to give evidence in a safe, controlled format.
Second reading speech -
The bill supports the voices of victims and survivors by ensuring they are empowered to speak out, if they choose to do so. The bill makes it clear that the current restriction on publishing material that identifies another person as a child witness, child complainant or vulnerable adult complainant in a proceeding does not apply to a person who publishes material that identifies themselves. The bill will also remove the requirement for the proceedings to be finalised before such a publication may occur, and clarifies the law that there is no restriction on identifying a vulnerable person who is deceased.
Second reading speech
Context
Broader context for this bill
Since 2001, Commonwealth law had special protections for children in some sexual offence proceedings, but gaps remained so vulnerable adult complainants and some child witnesses in other Commonwealth cases could still face retraumatising courtroom processes and intrusive sexual history or reputation evidence. The bill was introduced in February 2024 to extend trauma-informed safeguards across more Commonwealth offences and, after Parliament passed it in November 2024 and it received Royal AssentThe final approval that turns a bill passed by Parliament into an Act of law. in December, those broader protections became law.
- 2001
Commonwealth adds special protections for children in some sexual offence cases
A later parliamentary speech said the bill built on measures first introduced in 2001 to protect children in Commonwealth sexual offence proceedings.
Hansard ↗ - 07 Feb 2024
Government introduces the bill to widen protections in Commonwealth cases
The second reading speech said the bill would strengthen trauma-informed protections for vulnerable people in Commonwealth criminal proceedingsThese are criminal cases brought under federal law, not state or territory law. because existing arrangements were not strong enough across all relevant offences.
Hansard ↗ - 29 Nov 2024
Parliament passes the bill
Both Houses agreed on the same text, clearing the way for the expanded witness protections and tighter rules on sexual history and reputation evidence to become law.
Parliamentary timeline ↗ - 10 Dec 2024
Bill receives Royal AssentThe final approval that turns a bill passed by Parliament into an Act of law.
Royal AssentThe final approval that turns a bill passed by Parliament into an Act of law. turned the bill into an Act, formally enacting the broader Commonwealth protections for child witnesses and vulnerable adult complainants.
Parliamentary timeline ↗
Legislative route
How did it move through Parliament?
House Senate
Introduced 07 Feb 2024
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 07 Feb 2024
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Second reading debate 13 Feb 2024
The bill reached this recorded parliamentary step.
Sent to Federation Chamber for debate 13 Feb 2024
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
Second reading debate 15 Feb 2024
The bill reached this recorded parliamentary step.
House second reading agreed 15 Feb 2024
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Returned from Federation Chamber 15 Feb 2024
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
House third reading agreed 15 Feb 2024
The chamber agreed to the bill at third reading, which completed passage through that chamber. Later message exchanges with the other chamber were still recorded afterwards.
Third reading agreed to
Introduced 26 Feb 2024
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
Second reading opened 26 Feb 2024
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Legal and Constitutional Affairs Legislation Committee; Committee report (24/04/2024) review 29 Feb 2024
Referred to Committee (29/02/2024): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (24/04/2024)
Referred to committee
APH bill page notesSecond reading debate 27 Nov 2024
The bill reached this recorded parliamentary step.
Senate second reading agreed 27 Nov 2024
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Senate agreed to amendment packages 27 Nov 2024
The chamber considered amendments before the bill moved to the next stage.
Committee of the Whole debate
Senate third reading agreed 28 Nov 2024
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
House agreed to Senate amendments 29 Nov 2024
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
Consideration of Senate message
Passed both houses 29 Nov 2024
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
Assent 10 Dec 2024
The Governor-General gave Royal AssentThe final approval that turns a bill passed by Parliament into an Act of law., turning the bill into an Act.
Key criticism
The main case against this bill
The main criticism was that the bill’s original drafting was flawed enough to create unintended consequences that could have weakened or complicated sexual offence prosecutions until it was corrected. That concern was raised most clearly by Coalition speakers and reflected the push for Senate committee scrutiny, but no party represented in the debate ultimately opposed the bill after amendments.
Criticism focused on drafting quality and the need for scrutiny, not on the bill’s overall goal.
The bill needed committee scrutiny before a final position
A key reservation was that technical and procedural changes of this kind should be tested through parliamentary committee review and stakeholder input before the parliament settled its final position, to ensure the law matched the problem it was trying to fix.
Further sources
Votes
Recorded votes
How the bill itself passed
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
Passed House passed the bill
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed
House passed the bill
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Passed Senate passed the bill
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed
Senate passed the bill
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments at a glance
Amendments grouped by chamber. These cards include amendment outcomes recorded without a counted division.
House
Carried House accepted all Senate amendments
The House agreed to the amendments made by the Senate, so the bill could pass both chambers in the same form.
Carried
House accepted all Senate amendments
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
Senate
Tied Note bill flaws fixed by inquiry
Decided 31 to 31. Support came from Liberal Party, Nationals, One Nation, UAP, and minor parties and independents. Opposition came from Labor and Greens. Minor-party and independent votes were split.
Tied
Note bill flaws fixed by inquiry
The amendment was defeated, so the bill kept its original second-reading wording without the Opposition's criticism being attached to the motion.
Party Aye / No
Labor 0 / 19
Liberal Party 16 / 0
Greens 0 / 11
Unknown 5 / 1
Nationals 5 / 0
Independent 2 / 0
One Nation 2 / 0
UAP 1 / 0
Defeated Call for ban on personal cross-examination
Defeated 13 to 26. Support came from Greens and minor parties and independents. Opposition came from Labor, Liberal Party, One Nation, UAP, and minor parties and independents.
Defeated
Call for ban on personal cross-examination
The amendment was defeated, so the second-reading motion was not altered to include the Greens' call for a ban on accused-person cross-examination of victim-survivors.
Party Aye / No
Labor 0 / 19
Greens 11 / 0
Unknown 0 / 3
Independent 2 / 0
Liberal Party 0 / 2
One Nation 0 / 1
UAP 0 / 1
Carried Tighten sexual experience evidence exceptions
Passed 32 to 24. Support came from Labor, Greens, Australia's Voice, and minor parties and independents. Opposition came from Liberal Party and Nationals. Minor-party and independent votes were split.
Carried
Tighten sexual experience evidence exceptions
The question carried, so the Senate accepted the government change that sharpened the admissibility rules while preserving narrow exceptions for connected or recent sexual activity evidence.
Party Aye / No
Labor 16 / 0
Liberal Party 0 / 14
Greens 11 / 0
Unknown 2 / 5
Nationals 0 / 5
Independent 2 / 0
Australia's Voice 1 / 0
Tied Government evidence amendment tied and lost
Decided 27 to 27. Support came from Liberal Party, Nationals, Australia's Voice, and One Nation. Opposition came from Labor and Greens. Minor-party and independent votes were split.
Tied
Government evidence amendment tied and lost
The vote was about government changes to the sexual-activity evidence rules, not the separate Opposition proposal for a one-year review.
Party Aye / No
Labor 0 / 14
Liberal Party 13 / 0
Greens 0 / 11
Unknown 7 / 1
Nationals 3 / 0
Independent 1 / 1
Australia's Voice 1 / 0
One Nation 1 / 0
UAP 1 / 0
Carried Government sexual-violence amendments accepted
The Senate accepted 21 Government amendments on voices after committee scrutiny of the bill.
Carried
Government sexual-violence amendments accepted
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
The parliamentary record also shows 21 Government amendments agreed without a counted division.
Parliamentary debate
Who spoke, and what they said
Start here — lead voices
Sponsor speech Supports
Mark Dreyfus
Dreyfus supports the bill and says it will strengthen protections for vulnerable people in Commonwealth criminal proceedingsThese are criminal cases brought under federal law, not state or territory law., reduce retraumatisation, and improve how sexual violence evidence is handled.
Read in Hansard ↗ Lead supporting voice Supports
Michaelia Cash
Michaelia Cash says the coalition will support the bill because its changes to sexual offence procedure are broadly consistent with coalition policy.
Read in Hansard ↗ Lead non-major voice Supports
Zali Steggall
Steggall supports the bill as a positive first step toward a more victim-centred justice system for sexual assault survivors, because it strengthens protections for vulnerable complainants and improves how evidence is handled.
Read in Hansard ↗ Lead voice Supports
Carol Brown
Brown supports the bill, saying it will strengthen protections for vulnerable people in Commonwealth criminal proceedingsThese are criminal cases brought under federal law, not state or territory law. and reduce the risk of re-traumatising victims and survivors.
Read in Hansard ↗All speeches by bloc
Labor
7 speakers · 7 support
Labor
7 speakers · 7 support
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Carol Brown ★ Brown supports the bill, saying it will strengthen protections for vulnerable people in Commonwealth criminal proceedingsThese are criminal cases brought under federal law, not state or territory law. and reduce the risk of re-traumatising victims and survivors.
“This Bill is an important step toward creating better outcomes for vulnerable persons in Commonwealth criminal proceedings through strengthened protections and enhanced safeguards. The amendments aim to minimise the risk of re-traumatisation, and provide greater assurance that vulnerable persons will be treated with appropriate sensitivity when appearing as witnesses or complainants in criminal proceedings.”
Read the full speech in Hansard ↗ -
Graham Perrett Perrett supports the bill and says it will better protect sexual violence victims and survivors by reducing retraumatisation, allowing recorded evidence, and strengthening trauma-informed court processes.
“This bill has my full support.”
Read the full speech in Hansard ↗ -
Sharon Claydon Claydon supports the bill and says it will strengthen the criminal justice response for sexual violence by helping victims and survivors avoid repeating their evidence and by making pre-recorded testimony admissible.
“Taking up those remaining recommendations that go to assisting vulnerable people to not have to repeat their story again and again and instead allow for pre-recordings of that evidence to be used throughout criminal proceedings is a great step forward. It has been one that survivors and victims have asked for for a long time now, and it is great to see this Albanese Labor government putting that into law.”
Read the full speech in Hansard ↗ -
Justine Elliot Justine Elliot strongly supports the bill, saying it will improve criminal justice responses for sexual violence victims-survivors by expanding protections, tightening rules on sensitive evidence, and making it easier for vulnerable witnesses to give evidence safely.
“Today's bill is another example of a further significant step being taken by the Commonwealth to address these very important issues within our criminal justice system and ensure that those voices of victims-survivors are central to that. I commend the bill to the House.”
Read the full speech in Hansard ↗ -
Libby Coker Libby Coker supports the bill and says it will make Commonwealth sexual violence proceedings more compassionate by strengthening protections for victim-survivors, including pre-recorded evidence and tighter limits on inadmissible sexual history material.
“For all those brave women and all women across the nation I stand today to support this bill. Like our Attorney-General, I recognise and thank all victims-survivors who have advocated for this much-needed reform. These efforts build upon the extensive work undertaken by our government since taking office, leading national discussions on strengthening responses to sexual assault.”
Read the full speech in Hansard ↗ -
Mark Dreyfus ★ Dreyfus supports the bill and says it will strengthen protections for vulnerable people in Commonwealth criminal proceedingsThese are criminal cases brought under federal law, not state or territory law., reduce retraumatisation, and improve how sexual violence evidence is handled.
“This bill is an important step towards creating better outcomes for vulnerable persons in Commonwealth criminal proceedings through strengthened protections and enhanced safeguards. The amendments aim to minimise the risk of retraumatisation, and provide greater assurance that vulnerable persons will be treated with appropriate sensitivity when appearing as witnesses or complainants in criminal proceedings. I commend the bill to the House.”
Read the full speech in Hansard ↗ -
Malarndirri McCarthy McCarthy supports the bill, saying it strengthens protections for vulnerable complainants and witnesses in Commonwealth criminal cases.
“These reforms better support victims and survivors engaged in the Commonwealth criminal justice system, whilst maintaining due process protections and ensuring that defendants continue to be tried fairly and impartially.”
Read the full speech in Hansard ↗
Coalition
2 speakers · 1 support · 1 unclear
Coalition
2 speakers · 1 support · 1 unclear
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Michaelia Cash ★ Michaelia Cash says the coalition will support the bill because its changes to sexual offence procedure are broadly consistent with coalition policy.
“The four matters I have just spoken to are broadly consistent with coalition positions, so we will be supporting the bill. I say quite clearly that there has never been doubt about the actual intention of this bill. We have said from the very beginning, as the Attorney-General knows, that we, as the coalition, support the intent of this legislation. However, yet again, as with so many bills—in fact, I would say it is now almost every bill the Attorney-General brings before the Australian parliament—the sloppy drafting but in particular the extraordinary failures of drafting procedure and process that are inherent in this particular bill would, if passed in its current form, have devastating consequences.”
Read the full speech in Hansard ↗ -
Paul Fletcher Fletcher says the bill makes technical and procedural changes to Commonwealth sexual offence law, but he wants it examined by a parliamentary committee before the House takes a final position.
“Initial feedback from stakeholders is that these measures are broadly in line with criminal procedure provisions in the various state and territory jurisdictions. However, the bill is technical in nature, and a close analysis is warranted, informed by the expertise of the legal profession. It is highly desirable that the parliament should, before arriving at a final position, allow the legal profession and other stakeholders to provide input through a parliamentary committee process so as to allow the parliament to be satisfied that the bill is well adapted to the problems it seeks to address. I thank the House.”
Read the full speech in Hansard ↗
Greens
1 speaker · 1 support
Greens
1 speaker · 1 support
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Larissa Waters Waters says the Greens support the bill because it strengthens protections and criminal justice outcomes for victims-survivors of sexual violence, including by improving witness protections and limiting damaging evidence.
“The Greens welcome the reforms in this bill, which seek to strengthen protections and criminal justice outcomes for victims-survivors of sexual violence, particularly women and children. We support the changes that will enhance protections for vulnerable witnesses, make sexual reputation evidence inadmissible, and place greater restrictions on sexual experience evidence.”
Read the full speech in Hansard ↗
Minor parties and independents
4 speakers · 4 support
Minor parties and independents
4 speakers · 4 support
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Zali Steggall ★ Steggall supports the bill as a positive first step toward a more victim-centred justice system for sexual assault survivors, because it strengthens protections for vulnerable complainants and improves how evidence is handled.
“Overall, this bill is a step in the right direction for a more victim-centred justice system for those who suffer the trauma of sexual assault. But I urge the government to remain open-minded on further reforms as needed, particularly to ensure greater streamlining between federal and state jurisdictions.”
Read the full speech in Hansard ↗ -
Kate Chaney Chaney supports the bill and says it will give vulnerable complainants better protection and a fairer chance to give their best evidence.
“I support this amendment and encourage the government to continue to progress and implement all recommendations in the 2017 royal commission report.”
Read the full speech in Hansard ↗ -
Zoe Daniel Zoe Daniel supports the bill and commends the government for fixing gaps in Commonwealth criminal proceedingsThese are criminal cases brought under federal law, not state or territory law..
“I commend the government, particularly the Attorney-General and his team, for this bill. It fixes some of the existing gaps in Commonwealth criminal proceedings. But, today, I call on the government and, indeed, all of us to do more to address sexual violence.”
Read the full speech in Hansard ↗ -
Monique Ryan Ryan supports the bill and says it will make the criminal justice process less traumatising for sexual violence victim-survivors by tightening evidence rules, expanding recorded hearings and giving victims more control over identifying information.
“I rise today to support the introduction of the Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024.”
Read the full speech in Hansard ↗
Record
Full record
- Act title
- Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Act 2024
- Act number
- Act No. 114, 2024
- Became law
- 10 Dec 2024
- Takes effect
- The whole of this Act 11 Dec 2024
- Registered
- 13 Dec 2024
- Administered by
- Attorney-General's Department
- Final law metadata was collected from the APH progress table; commencement rows were parsed from the bill text.
- Status
- Act -- Collected from the APH bill page.
- Originating house
- House of Representatives
- 07 Feb 2024
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 07 Feb 2024
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 13 Feb 2024
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 13 Feb 2024
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
- 15 Feb 2024
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 15 Feb 2024
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 15 Feb 2024
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
- 15 Feb 2024
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 26 Feb 2024
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
- 26 Feb 2024
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
- 27 Nov 2024
Senate · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
- 27 Nov 2024
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
- 27 Nov 2024
Senate · Committee of the whole: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
- 28 Nov 2024
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
- 29 Nov 2024
House · Consideration of Senate message
House agreed to Senate amendments
The House dealt with Senate amendments or requests so both chambers could settle the bill in the same form.
- 29 Nov 2024
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
- 10 Dec 2024
Assent · Assent
Assent
The Governor-General gave Royal AssentThe final approval that turns a bill passed by Parliament into an Act of law., turning the bill into an Act.
Senate Legal and Constitutional Affairs Legislation Committee; Committee report (24/04/2024)
Referred to committee
Referred to Committee (29 Feb 2024): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (24 Apr 2024)
APH bill page notes