- Law Reform Commission is conducting a review of sexual offence laws
- Volume 2 of Discussion Paper released, open for submissions
- Issues raised include substantive offences and maximum penalties
The Law Reform Commission of Western Australia is seeking feedback about updating the State's sexual offence laws and their maximum penalties.
The independent Commission is calling for public submissions in response to the second volume of a Discussion Paper released today as part of its review of these laws.
Attorney General John Quigley last year requested the Commission to consider potential reforms and make recommendations about modernising the State's approach to sexual offending.
The Commission in December released Volume 1 of the Discussion Paper and a Background Paper.
Volume 2 of the Discussion Paper:
- considers the definitions of terms used in sexual offence laws and asks whether they should be modernised or amended;
- examines the substantive sexual offences currently contained in WA law and asks whether these provide sufficient protection;
- considers whether any existing sexual offences are outdated and should be modernised or amended; and
- examines the maximum penalties for sexual offences and asks whether they should be amended.
The document includes preliminary views from a range of stakeholders on relevant issues.
Volume 1 considers objectives, consent and mistake of fact.
Both volumes and the Background Paper, as well as information on making a submission, can be accessed at the Commission's website.
This includes an online survey that guides people through selected questions from Volume 1 of the Discussion Paper.
The deadlines for submissions are Friday, 17 March 2023 for Volume 1, and Thursday, 6 April 2023 for Volume 2.
The Commission will make recommendations in its final report, expected to be completed by 1 July 2023. The Government considers the recommendations of the Commission but is not bound by them.
As stated by Attorney General John Quigley:
"The Discussion Paper discusses concerns raised by the community.
"I thank the Law Reform Commission for its efforts scrutinising existing laws and look forward to receiving its recommendations."
As stated by Women's Interests Minister Sue Ellery:
"This review is an important opportunity for Western Australians to play a part in deciding how our laws can be amended to reflect changes in social expectations.
"Considering these issues and providing feedback is an important step towards achieving just outcomes for victim-survivors of sexual violence."
As stated by Law Reform Commission Chair the Hon Lindy Jenkins:
"Publication of the Discussion Paper is a vital part in the consultative process of this review.
"We're grateful for the submissions received from stakeholders and the community so far and look forward to further contributions."
