CIJ Welcomes ALRC Report’s Recommendations for Reform for Greater Safety, Information and Support for Sexual Violence Survivors
The Centre for Innovative Justice (CIJ) today welcomed the Australian Law Reform Commission’s (ALRC) Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence report, which extensively cited two CIJ submissions, our wider program of work in relation to gender-based violence, and adopted several key recommendations.
These recommendations are vital in ensuring that survivors of sexual violence have access to safety, information, support and justice options that align with their diverse needs.
CIJ made two submissions to the ALRC. The first focused on restorative justice and drew on the work of Open Circle, CIJ’s restorative justice service. The second, Build it out or “burn it down”?, explored broader issues related to gender-based violence.
CIJ has long advocated for restorative justice as an essential alternative to the criminal justice system, offering survivors the chance to seek accountability, healing, and closure in ways that traditional legal pathways may not allow. As highlighted in the ALRC report,
“People who have experienced sexual violence have diverse justice needs. They may view access to ‘justice’ as something different from access to the criminal justice pathway… Having a range of justice pathways that can meet these different needs provides greater opportunity for people who have experienced sexual violence to access justice.”
The report’s recommendations (58–60) on expanding restorative justice options for sexual violence matters provide a crucial framework for change. These measures will not only make restorative justice more accessible but will also ensure that survivors can choose a pathway that best supports their recovery.
The CIJ is particularly encouraged by the ALRC’s recognition that restorative justice allows survivors to hold the person responsible accountable in ways that are meaningful to them, offering a more flexible and survivor-centred approach to justice.
Without legislative change and appropriate resourcing, many survivors will continue to face barriers to accessing justice that truly addresses their needs. Providing access to restorative justice for those who might benefit from it represents an essential shift towards a justice system that understands and responds to the lived experiences of survivors, ensuring they have a voice in their healing process.
Even with diverse justice options available, the criminal justice system should be available to survivors without risk of re-traumatisation. The CIJ was pleased to see that the report drew extensively on our work in relation to gender-based violence, particularly in its recommendations regarding the criminal justice system and related processes.
Recommendation 1 calls for national investment in Safe, Informed and Support services, providing combined access to Independent Legal Services, Justice Navigators and Safe Disclosure options. The CIJ has long recognised the benefits of legal advice for victims of crime, including sexual violence, as highlighted in Strengthening Victoria’s Victim Support System and This is my story. It’s your case, but it’s my story.
The latter report explored in detail the way in which the criminal legal system can often be a “whole new trauma” for survivors, leading many to conclude that we should just “burn it down”. Interactions with appropriately trained prosecutors, lawyers, and judiciary who understand the impacts of trauma on behaviour and memory, however, can make a significant difference.
The ALRC have addressed these findings through combined recommendations for a concerted increase in the education and training of justice stakeholders, and an investment in building the evidence-base and feedback from survivors about the impacts of trauma.
The ALRC also drew on CIJ’s research to dispel misconceptions about survivors’ readiness to participate in the prosecution process. Contrary to common assumptions, most survivors who report to police want to see action taken. Survivors often persist following up the investigation process at great cost to their wellbeing – with the CIJ’s research finding that “attrition” most likely to occur due to slow investigation and police failure to gather appropriate evidence.
This is my story found that only one of the 34 survivors interviewed had proactively withdrawn their complaint, with many expressing distress over the lack of information, transparency, and support. The ALRC’s recommendations (4-5) to increase transparency and accountability in police investigations are therefore particularly welcome, as greater scrutiny will help to ensure that survivors receive the response that they deserve.
The CIJ urges governments at all levels to act on the ALRC recommendations and ensure that survivors have access to information and support; that the impacts of trauma are understood across the justice system; that police are encouraged to be more proactive and transparent; and that restorative justice becomes a widely available and effective option for survivors of sexual violence.
You can find the ALRC media release, Final Report and Summary Report here: https://www.alrc.gov.au/publication/jrsv-report-143/
If you or someone you love has experienced sexual harm and wish to explore restorative justice options, or to find out more about our restorative justice practice arm, Open Circle, head to https://cij.org.au/opencircle/
For more information or to arrange an interview, please contact us at cij@rmit.edu.au
Supporting Documents
Submission to the Australian Law Reform Commission Inquiry into Justice Responses to Sexual violence # 1- Restorative justice in response to sexual violence Centre for Innovative Justice, RMIT University May 2024 – Read here: https://cij.org.au/cms/wp-content/uploads/2021/09/cij-rj-alrc-submission-220524.pdf
Submission to the Australian Law Reform Commission Inquiry into Justice Responses to Sexual Violence # 2 – Build it out or “burn it down”? Situating “justice” within the wider systemic response to sexual offences Centre for Innovative Justice, RMIT University June 2024 – Read here: https://cij.org.au/cms/wp-content/uploads/2021/09/build-it-out-or-burn-it-down.pdf
Submission to the Victorian Law Reform Commission Inquiry into Improving the Response of the Justice System to Sexual Offences Centre for Innovative Justice, RMIT University January 2021 – Read here: https://cij.org.au/cms/wp-content/uploads/2018/11/cij-submission-to-vlrc-january-2021.pdf
“This is my story. It’s your case, but it’s my story”, Interview study exploring justice system experiences of complaints in sexual offence matters Centre for Innovative Justice, RMIT University July 2023 – Read here: https://cij.org.au/cms/wp-content/uploads/2020/11/strengthening-victorias-victim-support-system-victim-services-review-centre-for-innovative-justice-november-2020.pdf
Strengthening Victoria’s Victim Support System: Victim Services Review Centre for Innovative Justice, RMIT University November 2020 – Read here:https://cij.org.au/cms/wp-content/uploads/2023/08/bocsar_experiences-of-complainants-final-report.pdf
Updated: 11 March 2025