Zali Steggall (Warringah, Independent) Share this | Link to this | Hansard source

My question is to the Attorney-General. Media publication of leaked private material produced for a police investigation undermines trust and confidence in the criminal justice system for victims. Both the Privacy Act review and the Australian Law Reform Commission have recommended strengthening the privacy standards that media organisations should consider prior to publication. What steps are the government taking to review the exception to the Privacy Act for journalism, as journalists have an inadequate, self-regulated code of ethics and Australia does not have a statutory tort for the breach of privacy?

Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

I thank the member for Warringah for raising some very important questions, particularly her question concerning the Privacy Act review. The review made a range of recommendations for law reform, as did the Australian Law Reform Commission. Both of those have been subject to a further consultation process, and the government is now considering all of that.

As Attorney-General, I am deeply concerned about the apparent unauthorised publication of material produced as a result of a subpoena in the criminal trial of Mr Bruce Lehrmann. Material produced to a court in response to a subpoena is subject to an implied undertaking from the parties who receive it that it won't be used for purposes other than for those court proceedings. It's a rule known as the Harman rule or the Harman undertaking. To breach it may constitute a contempt of court. I do understand that the Australian Federal Police has received a complaint in respect of this matter and that the AFP is currently assessing that complaint.

In terms of my own portfolio, I'd say this: it's vital that victims of alleged sexual assault have confidence that, if they come forward and report what happened to them, they will be treated fairly by our justice system. And I would add that all who come forward are entitled to be treated with complete respect by everyone. We know that rates of reporting sexual assault are low, and conviction rates are even lower. Many victims are deterred from ever talking about what happened to them, which means that perpetrators are more likely to escape responsibility.

It's an issue that the Albanese government takes extremely seriously. In the most recent budget, we announced $6.5 million for measures in my portfolio to strengthen responses to sexual violence. It'll include an Australian Law Reform Commission inquiry into justice responses to sexual violence, with a focus on law reform proposals to strengthen sexual assault laws and improve experiences of victims and survivors in the justice system. It'll include a ministerial-level national round table on addressing sexual assault, which will bring together victims-survivors, relevant services and advocates, and state and territory ministers. It's in addition to other work which is underway in the Standing Council of Attorneys-General with the National Plan to End Violence against Women and Children. We all have a responsibility—those of us in this parliament and in the media—to discuss this issue in a careful and responsible way which properly respects the interests of victims.