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Sexual Violence Specialist Courts
Proposal Summary
Specialist SV Court with: Specialist magistrates trained in sexual violence, Independent legal advocates), limits to cross-examination, timeline to reduce prolonged proceedings
In the same way there are Specialist FV Courts, we should haveSpecialist Sexual Violence Courts with:
- Specialist magistrates trained in sexual violence and trauma.
- Independent legal advocates for victim-survivors (not just court support workers).
- Consistent use of intermediaries to support communication.
- Limits on cross-examination practices that cause secondary victimisation.
- A mandated trauma-informed practice framework for prosecutors and defence counsel.
- Timeliness targets to reduce prolonged proceedings.
Law Reform Commission has written about this previously and looks like NZ has had a trial of this approach - https://www.lawreform.vic.gov.au/publication/improving-the-justice-system-response-to-sexual-offences-report/18-specialisation-and-sexual-offence-trials/
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Don't have defined milestones
Many domestic and sexual violence victims require the same set of rules set out in the Disability Discrimination Act. We need to first fix the core issue. The intake phone handlers. These are unknowledgeable. Under trained staff the gate keep. Then we need to look at a) what’s the main purpose of the FVP Act. If an applicant has made an application. And has an interim order in place. At no point should a magistrate have any sort of power to strike out. And personal opinions should be kept to themselves. The act is misunderstood. And those enacting the act are fundamentally failing the entire premise. Safety and protection.