The Hon. Marcia Neave AO, and Judge Liesl Kudelka of the South Australian District Court will lead the ALRC’s Justice’s Response to Sexual Violence inquiry which was announced this week by Attorney General Mark Dreyfus KC MP. Both appointees bring with them deep expertise and experience of the justice system, particularly as it relates to issues involving sexual violence.
Hon. Marcia Neave AO
Marcia Neave has had a distinguished career having served as a judge, commissioner, law reformer, public policy maker, and academic. After nine years on the Supreme Court of Victoria, Court of Appeals Division, she was appointed to the role of Commissioner of the Victorian Royal Commission into Family Violence. In 2021 she was named as President and Commissioner of the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings.
She was the inaugural Chair of the Victorian Law Reform Commission which in 2004 recommended substantial changes to criminal laws and procedures dealing with sexual assault. She has also been Professor at ANU, Adelaide, and Monash Universities.
Judge Liesl Kudelka
Judge Kudelka was appointed as a Judge of the District Court of South Australia in October 2017. She has 25 years of experience in the criminal jurisdiction as a judge, barrister, and prosecutor.
In 2020, Judge Kudelka prepared a detailed written proposal for a pilot Priority Programme in the District Court of South Australia to improve justice responses for alleged victims of sexual assault and domestic violence by implementing new processes to reduce delays in proceedings. Judge Kudelka implemented the programme and has been managing it since May 2021.
Amongst her many professional achievements, Judge Kudelka was a prosecutor in the Office of The Director of Public Prosecutions in South Australia, as well as working on the discussion paper ‘Review of South Australian Rape and Sexual Assault Law’ in 2006. She also acted as Counsel Assisting ‘the Children in State Care Commission of Inquiry: Allegations of Sexual Abuse & Death from Criminal Conduct’ (SA) in 2007 – 2008.
Marcia Neave AO (left) and Judge Liesl Kudelka (right) will lead the inquiry for the ALRC.
Inquiry into Justice Responses to Sexual Violence
The ALRC will take a take a trauma-informed, holistic, whole-of-systems, and transformative approach to its inquiry, whilst considering matters raised for reform and detailed in prior reports and inquiries.
The inquiry will consult with relevant stakeholders across Australia, including but not limited to:
- people who have experienced sexual violence.
- people and organisations representing population cohorts that are overrepresented in sexual violence statistics.
- state and territory government and law enforcement agencies.
- policy and research organisations.
- community service providers; and
- the legal profession including prosecution and defence lawyers.
The inquiry is due to provide its final report to the Attorney-General in January of 2025.
Further information on the work of the ALRC: https://www.alrc.gov.au/
The Australian Law Reform (ALRC) has begun its inquiry into the justice system’s response to sexual violence.
Attorney-General, the Honourable Mark Dreyfus KC MP, has referred the inquiry to the ALRC with the aim of strengthening and harmonising sexual assault and consent laws.
The referral asks the ALRC to promote and consider just outcomes for people who have experienced sexual violence, including minimising re-traumatisation.
The inquiry’s terms of reference require the ALRC to examine a range of issues including:
- Laws and frameworks about evidence, court procedures/processes and jury directions.
- Laws about consent.
- Policies, practices, decision-making, and oversight and accountability mechanisms for police and prosecutors.
- Training and professional development for judges, police, and legal practitioners to enable trauma-informed and culturally safe justice responses.
- Support and services available to people who have experienced sexual violence, from the period prior to reporting to the period after the conclusion of formal justice system processes.
- Alternatives to criminal prosecution, including restorative justice, civil claims, compensation schemes, and specialist court approaches.
The ALRC will take a take a trauma-informed, holistic, whole-of-systems, and transformative approach to its inquiry, whilst considering matters raised for reform and detailed in prior reports and inquiries.
The inquiry will consult with relevant stakeholders across Australia, including but not limited to:
- people who have experienced sexual violence.
- people and organisations representing population cohorts that are overrepresented in sexual violence statistics.
- state and territory government and law enforcement agencies.
- policy and research organisations.
- community service providers; and
- the legal profession including prosecution and defence lawyers.
The ALRC has been asked to provide its final report to the Attorney-General by 22 January 2025.
You can find the Terms of Reference for the inquiry here: https://www.alrc.gov.au/inquiry/justice-responses-to-sexual-violence/terms-of-reference/
Further information on the work of the ALRC: https://www.alrc.gov.au/