IR

The recommendations in the Qld Industrial Relations and Workers’ Compensation scheme review are

Queensland Employment Standards

1 Consideration of National Employment Standards Inquiry outcomes That outcomes of the federal inquiry into the operation and adequacy of the National Employment Standards inform later consideration of the adequacy of the Queensland Employment Standards under the IR Act. 

2 Alignment of Queensland Employment Standards entitlements with federal jurisdiction That the Queensland Government consider aligning the entitlements in the Queensland Employment Standards to mirror those in the National Employment Standards as a priority. 

3 Continuous service – eligibility for long service leave That, on conclusion of the federal inquiry into the National Employment Standards, the Queensland Government consider if any amendments should be made to the long service leave provisions of the IR Act. 

4 Termination of employment arising from temporary absence That the Queensland Government consi der the interaction of the IR Act and Workers' Compensation and Rehabilitation Act 2003 (Qld) provisions in relation to temporary absence due to illness or injury to ensure sufficient and consistent protections across the legislative schemes. Any supplementary changes to the Industrial Relations Regulation 2018 (Qld) should be made to ensure consistency. 

5 Parental leave interactions That, on conclusion of the National Employment Standards Inquiry, the Queensland Government review the interaction of particular parental leave provisions of the IR Act, namely sections 73 and 87B. 

6 Flexible work requests That the Queensland Government consider amending the IR Act’s provisions relating to flexible work requests to align with the Fair Work framework. 

7 High income threshold That the IR Act be amended to exclude access to unfair dismissal protections for employees earning over the high -income threshold and covered by an award or agreement. 

8 Continuous service – casual employees That the IR Act be amended to c larify what is “continuous service” when calculating long service leave entitlements. In particular, it should be expressly clarified that a casual employee’s continuous service is broken for the purposes of calculating long service leave where there is a period of more than three months between the end of one casual engagement and the commencement of the next casual engagement. 

Freedom of association 

9 Registered organisations framework The IR Act’s registered organisations framework should be reviewed. 

10 Consideration of COI outcomes That the Queensland Government consider outcomes of the Commission of Inquiry into the CFMEU and Misconduct in the Construction Industry on its completion. The Queensland G overnment should consider any amendments to the IR Act to support the findings of the Commission of Inquiry into the CFMEU and Misconduct in the Construction Industry at this point in time. 

11 Whistleblower protections That the Queensland Government consider amending the IR Act to include protections for whistleblowers based on the protections in the Fair Work (Registered Organisations) Act 2009 (Cth). 

12 Review of 2022 amendments That the Queensland Government review the operation of the amendments made to the IR Act by the Industrial Relations and Other Legislation Amendment Act 2022 (Qld). This should include consideration of the IR Act’s treatment of incorporated entities with an industrial purpose, and the current definition of “industrial activities”. 

13 Union Encouragement Policy That the Queens land Government review its Union Encouragement Policy . 

Registered organisations 

14 Industrial organisations to represent eligible members Amend the relevant IR Act provisions to clarify that industrial organisations may only represent the interests of individuals who are members or eligible to be members of the industrial organisation. This change would reduce the prospect of demarcation dis putes and would clarify the operation of right of entry provisions, rights to inspect employee records, and other p rovisions of the IR Act. 

15 Publication of union rules That the IR Act be amended to provide that the rules of all organisations registered under the IR Act must be publicly accessible (on the Queensland Industrial Relations Commission website). The Queensland Industrial Relations Commission should maintain a publicly accessible register of all organisations registered under the IR Act and the rules of each organisation. 

16 Fit and proper person test That, as included in the Fair Work Act 2009 (Cth) , the IR Act be amended to provide that union officials must comply with a robust ‘fit and proper person’ test which requires them to act lawfully and in their members’ best interests, in order to exercise lawful right of entry powers. 

17 Right of entry – time and wages That the IR Act be amended to align the requirements for an exercise of an authorised officer’s right of entry with those in the Fair Work Act 2009 (Cth) . In particular, the following is to be required: • The authorised officer must have notifie d the employer or employer’s representative of an intention to enter the workplace; • The authorised officer must give the employer or employer’s representative written notice of intention to enter the workplace;  • Such notice must be provided during working hours and at least 24 hours, but not more than 14 days, before the entry; and • The notice must contain relevant particulars, including: the premises proposed for entry, the day of the entry, the name of the authorised officer and the employing organisation, and the provision of the IR Act under which entry is sought. 

18 Bargaining parties behaviour That the Queensland Government consider if measures should be provided for to bolster good faith bargaining requirements. 

19 Additional transparency measures That the Queensland Government consider introducing further measures to boost transparency in relation to public reporting obligations on registered organisations, including reporting obligations in relation to expenditure. 20 Conduct of industrial ballots That the IR Act be amended to provide for the Electoral Commission of Queensland to conduct all industrial ballots. 

21 Balloting methods That the IR Act be amended to allow for the use of postal, electronic or other appropriate voting methods in the conduct of union elections to improve flexibility, efficiency and engagement. 22 Time and wages records Clarify the policy intent underlying the broad right for an authorised officer to be provided access to time and wages records to ensure it is not used as a means of subverting existing mechanisms for access to information such as legal discovery processes. 

Collective Bargaining 

23 Balloting – ability to direct ballot employees That, similar to the Fair Work Act 2009 (Cth) , the IR Act be amended to provide that where an application for certification of a negotiated agreement is made to the Queensland Industrial Relations Commission , the agreement may be put to employee ballot without obtaining in -principle agreement from the union(s) party to the agreement. The ability to ballot employees in absence of in -principle agreement from the union/s party should be enlivened on conclusion of the peace obligation period. Parties should not be required to attend conciliation prior to balloting employees, but any ballot must occur prior to a decision being made to refer the negotiations to arbitration. 

24 Protected Industrial Action: Increased notice period That, similar to the Fair Work Act 2009 (Cth), the IR Act be amended to require that a person intending to take protected industrial action must give written notice of the intention to all of the negotiating parties for the proposed bargaining instrument at least three working days before the action is taken, where the industrial action is responding to or occurring after industrial action taken by another party to the proposed bargaining instrument. 

25 Consequences of protected industrial action That the Queensland Government consider harmonising the consequences of protected industrial action in the IR Act with the Fair Work Act 2009 (Cth) provisions, which mandate deductions of pay arising from the taking of protected industrial action. 

26 Payment for strikes That the Queensland Government consider amending the IR Act to provide that an employer must not pay an employee for a period where an employee engages in a strike. 

27 Protected Industrial Action: Ministerial declaration terminating industrial action That amendments to the IR Act be considered, similar to the Fair Work Act 2009 (Cth) , to enable the Minister to make a written declaration terminating protected industrial action for a proposed enterprise agreement if the Minister is satisfied that: a. the industrial action is being engaged in, or is threatened, impending or probable; and b. the industrial action is threatening, or would threaten to either endanger the life, the personal safety or health, or the welfare of the population or part of it; or to cause damage to the Queensland economy or an important part of it; or would be otherwi se contrary to the public interest; or c. that it is in the public interest that protected industrial action taken by frontline or critical service delivery workers be terminated on the basis of concerns about service delivery impacts on the population or part of it. The declaration will come into operation on the day that it is made. 

28 Applications for suspension or termination of protected industrial action That the IR Act be amended to reduce the burden on employer applicants and facilitate the granting of applications by the Que ensland Industrial Relations Commission for suspension or termination of protected industrial action for a proposed bargaining instrument, where the Queensland Industrial Relations Commission is satisfied the action is or may cause significant economic harm to an employer covered by the proposed instrument. Consideration should be given to lowering the threshold for imminent harm and protracted industrial action. 

29 Protected Industrial Action in conciliation That the IR Act be amended to disallow negoti ating parties to take protected industrial action in relation to a bargain once an application for conciliation has been made. 

30 Scope orders That the IR Act be amended to require, similar to the Fair Work Act 2009 (Cth) , that the Queensland Industrial Relations Commission consider the impacts of a proposed scope order on an employer when considering whether to make such an order. Specifically, the Queensland Industrial Relations Commission must be satisfied that the order will not adversely impact the business or operational needs of the employer, with regard given to the nature of the work performed, any budgetary consideration, and considerations on productivity. 

31 Interim wage increases in arbitration That the IR Act be amended to remove the ability for a party to apply for an interim wage increase in arbitration proceedings. 

32 Matters considered in making arbitration determination That the IR Act be amended to require the Queensland Industrial Relations Commission to consider particular matters when making an arbitration determination in proceedings for a negotiated agreement. The matters the Queensland Industrial Relations Commission must have regard to should align with the factors taken into account by the Fair Work Commission in making a workplace determination under the Fair Work Act 2009 (Cth). These include: a. the merits of the case; b. the interests of the employers and employees who will be covered by the proposed negotiated agreement; c. the significance of any arrangements or benefits in a cert ified agreement to the parties covered by it; d. the public interest; e. how productivity might be improved in the enterprise or enterprises concerned; f. the extent of which the conduct of the bargaining representatives for the proposed enterprise agreement concerned was reasonable during bargaining for the agreement; g. the extent to which the bargaining representatives for the proposed enterprise agreement have complied with good faith bargaining requirements; and h. incentives to bargain at a later time. In the alternative, that the Queensland Government consider amending the IR Act to require the Queensland Industrial Relations Commission to consider the following matters when making an arbitration determination: a. The fiscal position and strategy of the State of Queensland as employer and the impact of the decision on employment; b. Opportunities for mutual gains; c. Incentives to continue bargaining at a later time; d. the impact of any proposed change on government service delivery, particularly the delivery of essential services. 

33 Conciliation That the IR Act be amended to clarify that the date conciliation began is taken to be the day a negotiating party asks the Queensland Industrial Relations Commission to help the parties reach agreement. 

34 Referral to arbitration  That the IR Act be amended to provide that the conciliating member in a matter may refer the matter to arbitration either: a. three months from the nominal expiry date of certified agreement or bargaining award that applies to the parties; or b. If satisfied that the parties are unlikely to reach agreement, at any time from the day conciliation of the matter started. 

35 Procedure for agreement certification That the IR Act be amended to reduce the burden on the parties in an application for certification or termination of an agreement by allowing the Queensland Industrial Relations Commission to be satisfied that the requirements for deciding an application to certify or terminate an agreement have been met, in circumstances where no submission has been made that the requirements have not been met. In drafting for this, consideration should be given to treatment to restore limited coverage or provide transitional coverage to employees if it is later identified that there were still employees reliant on the terminated agreement. 

Wage -setting mechanisms 

36 Award variation and agreement rates That the Queensland Government consider amendments to the IR Act to: a. provide that the Queensland Industrial Relations Commission must not make an award variation where it pr oposes to incorporate certified agreement rates into the parent award; b. omit the ability of a party to apply to the Queensland Industrial Relations Commission for the inclusion of provisions from a directive into an award, despite current or prior application of the directive to the parties to the award. 

37 Interactions between awards and agreements That the IR Act be amended to: a. Include in its main purpose to ensure productive workplaces and adequate protections and fair conditions for employees; b. Reflect that the main purpose of the IR Act is to be achieved by ensuring productive workplaces and providing adequate protections and fair conditions for employees; c. Reflect that awards are a safety net rather than prevailing standards to clarify the interactions of awards and agreements. Recommendations 39 and 40 should be considered in making these amendments. 

38 Adopt outcome of Annual Wage Review The IR Act should be amended to allow the Full Bench of the Queensland Industrial Relations Commission to adopt th e outcome of the A nnual Wage Review in the S tate Wage Case without receiving evidence or submissions or conducting a hearing, in the absence of an objection from an interested party. If a party objects, the Queensland Industrial Relations Commission should hear the matter de novo. 

39 State Wage Case increases in awards and agreements a. That the Queensland Government consider repealing Directive No. 12/12: State Wage Case and Certified Agreements, noting it is inconsistent with the wage -setting model proposed in this Review . b.  That the Queensland Government consult with the Office of Industrial Relations  and key stakeholders in relation to an appropriate time to repeal this directive. 

40 Primary wage setting mechanism 1. That the Queensland Government consult with interested parties to explore interactions of the wage setting mechanisms in the Queensland industrial relations jurisdiction, with a view to identifying the most appropriate primary wage setting mechanism. This should occur on conclusion of the curren t bargaining cycle and may include consideration of the continuing need for both an Award and an Agreement, as well as Independent Remuneration Tribunals and Expert Wage Setting Panels. 2. That, in the interim the Queensland Government consider: a. Ensuring the State Wage Case continues to set wages for workers who are genuinely reliant on either award wages or the Queensland Minimum Wage; and b. Amending the IR Act such that, after 1 September 2026, award wages for Queensland state public sector workers covered by a certified agreement are not increased as a result of the State Wage Case, despite any provision in certified agreements and Ministerial Directives. Such amendments may include providing that the General Ruling made for the State Wage Case will specify the wage rates that increase for those reliant on Award wages or the Queensland Minimum Wage and not vary the award rates relevant to public sector work ers covered by certified agreements. Operation of the Industrial Court of Queensland and Queensland Indu trial Relations Commission 

41 Legal representation in the Queensland Industrial Relations Commission That the IR Act be amended to provide for legal representation in any proceeding before the Queensland Industrial Relations Commission including promoting freedom of choice by restoring a worker’s ability to choose their legal representative in proceedings and allowing a worker to choose to be represented by a private lawyer, a lawyer acting for the worker’s union, or a lawyer acting for another associati on or entity. 

42 Appeal from a Full Bench of the Queensland Industrial Relations Commission That the Queensland Government consider amending the IR Act so that an appeal from a Full Bench of the Queensland Industrial Relations Commission where at least one of the members is a presidential member lies directly to the Court of Appeal. 

43 Exercise of powers by Industrial Court of Queensland and Queensland Industrial Relations Commission – Decisions That the IR Act be amended to extend to the entire jurisdic tion of the Industrial Court of Queensland and Queensland Industrial Relations Commission to have the power, either on application or acting on its own volition, to dismiss a matter, or refrain from hearing a matter, further hearing, or deciding the matter, if the Industrial Court of Queensland or Queensland Industrial Relations Commission considers that further proceedings by the Industrial Court of Queensland or Queensland Industrial Relations Commission are not necessary or desirable in the public intere st. 

44 Recommendation to deal with vexatious litigants That the IR Act be amended to empower the Queensland Industrial Relations Commission to make orders to deal with vexatious litigants and improve efficiencies in relation to these matters. 

45 Paying out long service leave That consideration be given to amending the IR Act, which permits the payment of long service leave instead of taking leave, to provide that if no industrial instrument or federal industrial instrument provides for an employee to be paid for all or part of an entitlement to long service leave (instead of taking the leave), then an employee with an entitlement to long service leave should be able to make application to his or her employer to be paid the long service leave instead o f taking the leave; and that if there is a dispute, the dispute can be conciliated and arbitrated by the Queensland Industrial Relations Commission . 

46 Public Sector Appeals That the Queensland Government consider amending the IR Act to limit the jurisdic tion of the Queensland Industrial Relations Commission to hear appeals against employment -related decisions made under the Public Sector Act 2022 (Qld) to (only) disciplinary decisions. Status of the Industrial Court of Queensland , Queensland Industrial Relations Commission and its members 

47 References to members of the Industrial Court of Queensland That the IR Act be amended to clarify that the vice president or a deputy president of the Industrial Court of Queensland is a judge of the Industrial Cour t of Queensland . 

48 Appointments to the Industrial Court of Queensland and Queensland Industrial Relations Commission That the IR Act be amended to provide that a deputy president of the Industrial Court of Queensland may be appointed by way of commission by the Governor -in -Council. If accepted, the amendments should align the qualifications for appointment as a judge of the Industrial Court of Queensland to those of a judge of the Supreme and District Courts. 

49 Exercise of powers by Industrial Court of Queensland - Appointment of the Vice President and a Deputy President (Court) That amendments to the IR Act be considered to clarify the conditions and qualifications for appointment for members of the Industrial Court of Queensland . 

50 Exercise of powers by Industrial Court of Queensland – Acting President That the IR Act be amended to permit the Vice President to act as the president when the president is temporarily unable to perform the functions of the office. 

51 Exercise of powers by Industrial C ourt of Queensland – President That the IR Act be amended to clarify who is responsible for the administration of the Queensland Industrial Relations Commission , namely that the Vice President is responsible to the President for the administration of the Queensland Industrial Relations Commission and ensuring the orderly and expeditious exercise of the jurisdiction and powers of the Queensland Industrial Relations Commission . 

52 Renaming the Queensland Industrial Relations Commission That consideration be given to rename the Queensland Industrial Relations Commission to the Queensland Industrial Relations Court to ensure it clearly within the hierarchy of state courts and appropriately reflects the nature of its jurisdiction and the work it is now required to undertake. 

53 Review structure of the Queensland Industrial Relations Commission That consideration be given to a review of the structure of the Queensland Industrial Relations Commission including the appointment of additional commissioners to sup port operational efficiency 

54 Punishment of contempt That the IR Act be amended to empower the Queensland Industrial Relations Commission to punish a person for contempt of the tribunal. 

55 Discretion to award costs That the IR Act be amended to broaden the discretion of the Industrial Court of Queensland or Queensland Industrial Relations Commission to award costs, including where costs were incurred due to unreasonable acts or pursuit of proceedings without reasonable prospects of success. 

Other 

56 Industrial disputes and public sector appeals That the Queensland Government consider amending the IR Act to clarify that matters that are expressly non -appealable under the Public Sector Act 2022 (Qld ) cannot be subject of an industrial dispute under the IR Act. 

57 Concurrent statutory claims under related legislation That the Queensland Government consider if efficiencies can be improved in relation to the handling of concurrent or overlapping proceedings in the Queensland Industrial Relations Commi ssion made under multiple statutory claims, arising from the same factual matrix. In particular, consideration should be given to claims brought under the IR Act’s provisions for industrial disputes (section 261), unfair dismissal (section 317) and general protections (section 309), and parallel complaints under the Anti-Discrimination Act 1991 (Qld ), the Human Rights Act 2019 (Qld ) and the Public Sector Act 2022 (Qld ). 

58 Chapter 10A IR Act That the Queensland Government consider the status of Chapter 10 A of the IR Act, with regard given to the outcomes of the applications for relevant minimum standards orders before the Fair Work Commission. 

59 Public interest disclosures That recommendation 84 of the 2023 Final Report into the Review of the Public Interest Disclosure Act 2010 (Qld ) be given effect by clarifying that the Public Interest Disclosure Act 2010 (Qld ) is an industrial law, and a public officer’s eligibility to make a public interest disclosure is considered a workplace right. 

60 Public Sector Appeals – Queensland Police Service That the Queensland Government consider the most appropriate forum for determining disciplinary appeals for Queensland Police Officers. In doing so, regard List of recommendations IR Recommendations 2026 Industrial Relations and Workers’ Compensation Scheme Review Page 20 of 221 is to be given to the outcomes of the 2025 -26 Review of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). 

61 Remove outworkers and wages in rural mining industries divisions 

62 Boxed directives That the Queensland Government consider measures to address exceptional or emergency circumstances (e.g. i n the case of natural disasters and response to natural disasters, the 2032 Olympic and Paralympic Games). This could include, for example, reinstating “special/boxed directives” in relation to industrial relations entitlements so certain matters could be dealt with administratively in accordance with the Public Sector Act 2022 (Qld) . If it is considered necessary to, for example, change nominal expiry dates for agreements so that bargaining is delayed during the key delivery period for the Olympics, it is noted that this may require legislative change, noting appropriate safeguards for employees would also need to be considered. 

Psychological injuries 

1 Employment contribution for psychological injuries 1.1 That the WCR Act be amended to add ‘the major ’ as a qualifier for work’s ‘significant contribution ’ to a psychiatric or psychological injury, to increase the connection to employment for compensable psychiatric or psychological injuries. 

2 Reasonable Management Action 2.1 That the WCR Act be amended to provide greater clarity on the meaning of ‘reasonable management action’ by: • confirming that ‘management action’ need not be perfect, provided it is reasonable overall; and • confirming employer investigations of alleged misconduct are an example of a type of ‘management action’ which precludes entitlement. 2.2 The Workers’ Compensation Regulator review guidance material on reasonable management action for workers, employers and insurers. 

3 Code of Practice for Claims Management for insurers That the Minister make a Code of Practice for Claims Management to drive improved, consistent and timely claims decision making and management across the scheme with a focus on primary and secondary psychological injury claims. 

4 Independent review of impact of recommendations for psychological injuries That the Queensland Government, in consultation with the Workers’ Compensation Regulator, undertake an independent review to determine whether the implemented changes have addressed t he growth and impacts of psychological injuries within the scheme. 

5 Assessing degree of permanent impairment process for psychological injuries That the WCR Act be amended to require the degree of permanent impairment process for psychiatric or psychological injuries be aligned with the degree of permanent impairment process for physical injuries. 

6 Medical Expertise That WorkCover Queensland engage and actively utilise dedicated internal high level, centralised and specialist medical expertise (inclu ding psychiatric expertise) to strengthen claims management, clinical governance and staff capability. 

7 Uplift in insurer capability That the Workers’ Compensation Regulator consider the current practices of insurers in ensuring claims manager capability and whether guidance or a Code of Practice is required. 

Fraud 

8 Claims management responses where reasonable belief of fraud That the WCR Act be amended to: • Automatically stay a claim for compensation or damages on the commencement of a proceeding fo r fraud or attempted fraud offending under the WCR Act.  • Allow the authorised person to issue a direction that payment of lump sum compensation or claim for common law be stayed where there is a reasonable belief of fraud. • Allow an authorised person to issue a direction to stop compensation where there is a reasonable belief of fraud (similar to the model used by WorkSafe Victoria). 

9 Commencement of proceedings for fraud and related offending That the WCR Act be amended to: • allow proceedings for fraud to be taken, at the election of the prosecution, on indictment; and • have proceedings commenced in a summary way under the Justices Act 1886 (Qld), before a Magistrate. 

10 Maximum penalties for fraud and related offending That the WCR Act be amended to increase the penalty for fraud offences with consideration given to greater consistency with fraud and related offending under the Queensland and Commonwealth Criminal Codes. 

11 Notification of return to work (engaging in a calling) 11.1 That the WCR Act be amended to: • require a worker declaration in an approved form be provided to an insurer on a regular basis; and • clarify that workers are required to notify insurers of any return to work. 11.2 That the State Penalties Enforcement Regulation 2014 be amended to allow authorised persons of the Workers’ Compensation Regulator to issue an infringement notice for failure to notify of an engagement in a calling. 

12 Limitation period for fraud and related offending That the WCR Act be amended to extend the current timeframe to commence a proceeding: • for fraud only to regardless of when the matter of complaint arose • for other offences to one year after the commission of the offence comes to the knowledge of the Workers’ Compensation Regulator. 

13 Formal record of convictions for fraud and related offending That the Minister engage with the Attorney -General and Minister for Justice on including convictions for workers compensation fraud and related offending as Disclosable Court Outcomes on individual National Pol ice Certificates. 

Self -insurance 

14 Self -insurer licence renewal period The WCR Act be amended to extend the maximum self -insurance licence renewal period from four to five years for demonstrated very high performing insurers. 

15 Self -insurer health and safety management system auditing framework That the Workers’ Compensation Regulator, review the current work health and safety audit requirement and framework to evaluate its ongoing efficiency, effectiveness and alignment with scheme objectives. 

16 Liabilities at time of transfer between self -insurer and WorkCover Queensland That the Workers’ Compensation Regulator review the current requirements under the WCR Act and WCR Regulation for the transfer of liabilities between insurers to ensure adequacy and appropriate avenues of dispute resolution for any disagreement. 

17 Specialised Insurance That the Queensland Government, in consultation with the Workers’ Compensation Regulator, conduct a feasibility study including consideration of a pilot, to evaluate the financial, operational and regulatory impact for introducing specialised insurance into the Queensland workers’ compensation scheme. 

18 Self -insurers as a party to reviews and appeals That the Queensland Government, in consultation with the Workers’ Compensation Regulator, undertake a review to consider whether self -insurers should be a party for a review or subsequent appeal conducted by the Workers’ Compensation Regulator. Claims management and rehabilitation and return to work 

19 Guid ance and Code of Practice about rehabilitation and return to work for insurers 19.1 That the Workers’ Compensation Regulator review the current Rehabilitation and return to work plan guideline – for insurers and Accredited rehabilitation and return to work program guideline – for insurers to ensure that the expectations are appropriate for the stage of the claim and to ensure there is strong communication between stakeholders and quality, meaningful planning. 19.2 That the Minister make a Code of Practice for Rehabilitation and Return to Work for insurers to promote consistent, proactive and effective return to work outcomes across the scheme. This should have a focus on psychological injuries. 

20 Guidance about rehabilitation and return to work for employers 20.1 Review the Guideline for Standard for Rehabilitation (Scheme Direction). 20.2 Review other current guidance and support available to employers to support them to meet their obligations for rehabilitation and return to work including consideratio n of the need for a Code of Practice. This should have a focus on psychological injuries. 

21 Workplace Rehabilitation Service providers That the Workers’ Compensation Regulator consider whether a scheme direction should be made to ensure that each provider of workplace rehabilitation services meets certain requirements for their services including competency and professional standards and service delivery. 

Insurer performance and compliance 

22 Issuing of compliance notices That the WCR Act be amended t o ensure compliance notices can be effectively used to address and enforce systemic non -compliance by insurers. 

23 Enforceable undertakings for insurers That the WCR Act be amended to introduce enforceable undertakings as a regulatory tool for insurer non -compliance. 

24 Insurer compliance with document requests That the WCR Act be amended to broaden sections 93 and 94 to apply to all insurers operating within the Queensland workers' compensation scheme. 

25 Prosecutions to be managed by the Workers’ C ompensation Regulator That the WCR Act be amended to mandate that all prosecutions within the scheme be initiated, managed and directed exclusively by the Workers’ Compensation Regulator. 

26 Publication of insurer performance and regulatory action That the Workers’ Compensation Regulator expand the public disclosure of insurer performance information by publishing the specific licence durations and performance assessments, conditions and regulatory or enforcement actions taken. 

Compensation 

27 Modern isation of calculation of weekly compensation That the Queensland Government, in consultation with the Workers’ Compensation Regulator, conduct an evidence -based review to determine whether weekly compensation calculations can be simplified and modernised. 

28 Basic weekly payments That the Queensland Government, in consultation with the Workers’ Compensation Regulator, conduct an evidence -based review of basic weekly payments to ensure the payments remains reasonable and fair for workers, employers and i nsurers. 

Scheme coverage 

29 Gig economy workers That the Queensland Government consider the status of section 11(1)(b), with regard given to the outcomes of the applications for relevant minimum standards orders before the Fair Work Commission. 

30 Extend presumptive coverage to Queensland Parks and Wildlife Service firefighters That the WCR Act be amended to extend presumptive firefighter coverage to Queensland Parks and Wildlife Service employees who perform firefighting duties. Governance of independ ent medical examiners and assessments 

31 Strengthen governance of independent medical examiners and assessors 31.1 That the WCR Act be amended to establish a register of authorised independent medical examiners and assessors able to provide services to the scheme. The register is to be managed by the Workers’ Compensation Regulator. 31.2 That the Queensland Government, in consultation with the Workers’ Compensation Regulator and WorkCover Queensland, consider the most effective way to transition to the ne w model for independent medical examiners under the scheme. 

32 Queensland’s Guidelines for evaluation of permanent impairment That the Queensland Government, in consultation with the Workers’ Compensation Regulator, review whether Queensland’s Guidelines for evaluation of permanent impairment remains the most contemporary, appropriate and evidence -based tool for assessing degrees of permanent impairment. 

33 Interstate rehabilitation and return to work coordinators and claims managers That the WCR Act be amended to remove the Queensland -based requirement for rehabilitation and return to work coordinators and for persons who perform self - insurer functions. 

Review and appeal of insurer decisions 

34 Timeframe to lodge disputes That the WCR Act be amended to update the timeframe to lodge an application for review to 20 business days and the timeframe to lodge an appeal to 30 business days.  

35 Decision making timeframes for Review Unit That the Workers’ Compensation Regulator, continue to focus on opera tional reforms to reduce the timeframes for the Workers’ Compensation Review Unit to determine review applications, while maintaining procedural fairness and quality decision - making. 

36 Decisions to be referred to Review Unit by insurers That the WCR Act be amended to enable insurers to refer decisions to the Workers’ Compensation Regulator for review within 20 business days of becoming aware there was a mistake of fact that was not reasonably available to the insurer at the time of their decision. 

37 Appeals for policy and premium matters That the WCR Act be amended to move appeals for premium and policy matters to the Queensland Industrial Relations Commission. 

Other 

38 Insurer access to medical information That the Queensland Government, in consultation with the Workers’ Compensation Regulator, review insurers’ statutory power to access and obtain medical information. 

39 Access to worker’s claims history That the WCR Act be amended to allow prospective employers to request a prospective workers’ claims history summary from the Workers’ Compensation Regulator for a fee. 

40 Use of workers’ compensation documents for employment purposes That the Queensland Government, in consultation with the Workers’ Compensation Regulator, review employers’ permissible access and use of workers’ compensation information. 

41 Provision of information statements That the WCR Act be amended to remove the requirement that employers provide an information statement on commencement of employment. 

42 Collaboration betw een the workers’ compensation scheme, Workplace Health and Safety Queensland and industry That the leadership of the Office of Industrial Relations investigate and consider the systems, practices and policies necessary to maximise coordination between workers’ compensation, workplace health and safety and industry, without compromising the obje ctives of either system.

Overrated

The NBER working paper (33777) 'Large Language Models, Small Labor Market Effects' by Anders Humlum and Emilie Vestergaard comments 

We examine the labor market effects of AI chatbots using two large-scale adoption surveys (late 2023 and 2024) covering 11 exposed occupations (25,000 workers, 7,000 workplaces), linked to matched employer-employee data in Denmark. AI chatbots are now widespread—most employers encourage their use, many deploy in-house models, and training initiatives are common. These firm-led investments boost adoption, narrow demographic gaps in take-up, enhance workplace utility, and create new job tasks. Yet, despite substantial investments, economic impacts remain minimal. Using difference-in-differences and employer policies as quasi-experimental variation, we estimate precise zeros: AI chatbots have had no significant impact on earnings or recorded hours in any occupation, with confidence intervals ruling out effects larger than 1%. Modest productivity gains (average time savings of 3%), combined with weak wage pass-through, help explain these limited labor market effects. Our findings challenge narratives of imminent labor market transformation due to Generative AI. ...

the broader labor market implications of Generative AI remain unclear for at least three reasons. First, while workers have embraced AI chatbots for their low costs and ease of use, we lack evidence on whether firms are making meaningful investments in integrating these tools into workplace processes (Bonney et al., 2024). Second, RCTs show that the effects of AI chatbots can turn negative if applied to the wrong tasks (Dell’Acqua et al., 2023; Otis et al., 2024b), raising caution in extrapolating effects from controlled settings to the broader economy. Third, while studies have documented effects on productivity, it remains unclear how these translate into earnings and hours, as high-quality microdata on such outcomes is rarely available. ... 

Despite rapid adoption and substantial investments by both workers and firms, our key finding is that AI chatbots have had minimal impact on productivity and labor market outcomes to date. Moreover, we find no evidence of differential trends over time, suggesting that the limited effects are not merely a very short-run phenomenon. In this sense, our results echo Robert Solow’s famous observation about the IT revolution: “You can see the computer age everywhere but in the productivity statistics” (Solow, 1987).

ALRC Report

The ALRC report Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence out yesterday states - 

Recommendation 1 

In the context of the significant under-reporting of sexual violence, and to ensure people who have experienced sexual violence are able to engage with the justice system in a safe, informed, and supported way, the Australian Government, together with state and territory governments, should fund relevant organisations (including sexual violence services, community legal centres, Aboriginal Community Controlled Organisations, Legal Aid Commissions, and participating legal firms) to provide the following three services (Safe, Informed, and Supported Services, or SIS Services): a. Independent Legal Services — for every person who has experienced sexual violence, the provision of a free and confidential legal advice session that enables informed decision-making about whether or not to engage with the justice system and, if so, which justice pathways best suit their needs, including referral to any chosen pathway. For ongoing legal advice and representation in the criminal justice context, see Recommendation 9. b. Justice System Navigators — for every person who has experienced sexual violence, support to access any chosen justice pathway; and for people who choose to pursue a criminal justice pathway, the provision of a trained support person to advocate and provide support in initial and ongoing interactions with police, prosecutors, the court, and related systems. c. Safe Places to Disclose — for every person who has experienced sexual violence, the ability to disclose the harm to trauma-informed professional staff, receive support and assistance to access relevant health and social services, and be referred to the Independent Legal Services. To diminish barriers to engagement, increase accessibility and address diverse needs, SIS Services should be provided through a network or other form of coordination, and be available when and where they are needed, including in-person, via telephone, online, and through outreach services. 

Recommendation 2 

The Australian Government should commission a national inquiry to address the impact of factors such as: a. mandatory sentencing provisions; b. sentencing discount regimes; and c. consequences following conviction (such as sex offender registration) on sexual offence matters proceeding to trial rather than resolving via guilty pleas, and measures that may promote early resolution. The inquiry should have regard to the importance of just outcomes for accused persons, people who have experienced sexual violence, and the broader community. 

Recommendation 3 

The National Judicial College of Australia should be funded to manage and staff an ongoing research team and, in consultation with heads of jurisdiction in each of the trial courts that hear most sexual offence matters (District Courts in New South Wales, Queensland, South Australia and Western Australia; the County Court in Victoria; and the Supreme Courts in the Australian Capital Territory, Northern Territory and Tasmania), locate a member of the research team in each of the trial courts to coordinate the building of a shared evidence base by supporting the evaluation of reform measures implemented in trial courts to improve responses to sexual violence, including: a. research and evaluation projects regarding reform measures implemented in trial courts to improve responses to sexual violence, including: i. jury directions to address myths and misconceptions (including the implementation of the Model Jury Directions Bill) (Chapter 8, Recommendation 21); ii. the calling of expert evidence to address myths and misconceptions (Chapter 8, Recommendations 23–25); iii. iv. v. vi. vii. viii. recorded police statements (Chapter 9, Recommendation 29); pre-recorded evidence hearings (Chapter 9, Recommendations 28–30); intermediaries (Chapter 10, Recommendation 31); ground rules hearings (Chapter 10, Recommendation 32); specialist lists (discussed in Chapter 4); measures to reduce delays (such as case management programs) (discussed in Chapter 4); and ix. measures to support the delivery of victim impact statements (Chapter 10, Recommendation 34); b. c. d. e. research and evaluation projects regarding the practical operation of relevant legislative provisions, including provisions that address: i. access to a complainant’s personal, sensitive, or confidential information (including access to a complainant’s sexual assault counselling communications) (Chapter 12, Recommendation 43) and the involvement of an independent legal representative to represent complainants in applications for access to that information (Chapter 6, Recommendation 9); ii. the cross-examination of complainants by unrepresented accused persons (Chapter 12, Recommendation 42); iii. the admissibility and use of complaint evidence and distress evidence (discussed in Chapter 19); iv. the admissibility and use of tendency and coincidence evidence (discussed in Chapter 19); v. vi. the availability and use of interpreters (Chapter 10, Recommendation 33); the admissibility and use of sexual history and sexual reputation evidence (Chapter 12, Recommendation 44–45); and vii. elections for juryless trials in sexual assault trials (discussed in Chapter 19); research and evaluation projects regarding: i. the impact of vicarious trauma upon trial judges who preside over sexual assault matters, including measures to address that trauma (discussed in Chapter 4); ii. affirmative models of consent (to be conducted by the Australian Institute of Criminology) (Chapter 11, Recommendations 35–37); iii. section 41 of the Evidence Act 1995 (Cth) and whether it is reducing improper questioning and increasing appropriate judicial intervention (as commissioned by the Standing Council of Attorneys-General) (Chapter 12, Recommendation 41); and iv. the practical operation of confidential communication and sexual assault counselling privilege provisions (including the adequacy of current subpoena processes) and identification of areas of improvement (as commissioned by the Standing Council of Attorneys-General); nationally standardised and ongoing data collection and statistical analysis on sexual violence matters in the courts (Chapter 5, Recommendation 5); the involvement of the courts in consultations to formulate a Model Jury Directions Bill addressing myths and misconceptions in sexual violence trials (Chapter 8, Recommendation 21); f. g. the analysis of annual reports tabled in parliament regarding feedback made by complainants of sexual violence about their experiences of the criminal justice process for the information of judicial officers (Chapter 5, Recommendation 6); court responses to requests from Attorneys-General for feedback on proposed legislative amendments relating to sexual violence laws and court processes; and h. court responses to requests from law reform bodies about sexual violence. The National Judicial College of Australia should convene national meetings of the research officers, nominated judicial officers from each of the trial courts, and representatives of the Judicial Commission of New South Wales and the Judicial College of Victoria, to ensure effective research planning, judicial education delivery, information sharing, and best practice identification. Note: The National Judicial College of Australia and its research team may conduct some of the research and evaluation projects listed above, but will primarily support other research organisations or individuals to conduct those projects, including by being their principal point of contact with the courts and, for example, facilitating requests to the court for access to information (including access to data, transcripts, and hearings). 

Recommendation 4 

State and territory governments should each establish and fund an independent taskforce within 12 months of this Report to: a. undertake an initial review of all reports of sexual violence made to police within the prior 12 to 18 months that did not progress to charge and publish a report of its findings and recommendations (modelled largely on the Sexual Assault (Police) Review in the Australian Capital Territory); b. develop a model for an independent, ongoing review mechanism for all reports of sexual violence that the police do not progress to charge that publishes reports at appropriate intervals (and the model to be implemented within 24 months of the report published by the initial taskforce); and c. develop a model for an independent, ongoing, and complainant-initiated review mechanism to enable complainants of sexual violence to seek a review of the police decision not to progress to charge in their case (and the model to be implemented within 24 months of the report published by the initial taskforce). The taskforce and models should include specialist and diverse sector expertise (including sexual violence services, representatives from Aboriginal Controlled Community Organisations, and researchers with a mixed set of disciplinary skills and expertise) as part of its membership.  The initial review will, among other things: identify systemic reasons for attrition and make recommendations to address those reasons; identify and recommend any individual cases to be further investigated; and accept self-referrals from complainants whose matters did not proceed to charge at any time up to the commencement of the review. The ongoing review mechanism, for all reports of sexual violence that the police do not progress to charge, will operate as a rolling review of all reports of sexual violence which the police do not progress to charge; monitor attrition levels, systemic reasons for attrition and compliance with recommendations; make ongoing recommendations to address systemic issues; and recommend any specific cases be re-investigated. Governments should ensure information-sharing frameworks are in place to enable the reviews and respond to the initial review report and ongoing reports released by that review mechanism. 

Recommendation 5 

The Standing Council of Attorneys-General should commission the Australian Bureau of Statistics, or other appropriate body, to devise a nationally consistent data collection framework for reports of sexual violence as they progress through the criminal justice system, and provide appropriate funding and support to police agencies, Offices of the Directors of Public Prosecutions, and courts to implement that framework to obtain nationally consistent data regarding sexual violence cases that: a. b. c. are reported to the police; do not proceed to charge; are charged but otherwise discontinued by police before referral to Offices of the Directors of Public Prosecutions; d. are discontinued by Offices of the Directors of Public Prosecutions; e. f. g. h. are resolved by guilty plea; are the subject of convictions following trial; are the subject of acquittals following trial; and are the subject of an appeal against conviction, including the outcomes of those appeals. The data should: i. identify the reasons for reports not proceeding to charge or discontinuance of j. k. proceedings; capture timeframes on the progression of the reports through the system; include demographic information about groups who are disproportionately reflected in sexual violence statistics; and l. be published online annually. 

Recommendation 6 

Each state and territory government should establish and fund an independent centralised feedback mechanism for complainants of sexual violence to report their experience of the criminal justice system. The methods and formats (such as questionnaire development) for obtaining feedback should be considered in consultation with relevant stakeholders including Victims of Crime Commissioners, sexual violence service providers (including from Aboriginal Controlled Community Organisations), and people who have experienced sexual violence. The mechanism should be managed by Victims of Crime Commissioners, or an equivalent independent body. Victims of Crime Commissioners (or an equivalent independent body) should collate feedback with a view to identifying systemic issues in the criminal justice system and making recommendations to be published in an annual report which must be tabled in parliament. Each state or territory government should be required to respond to the annual report in their jurisdiction within a prescribed period. 

Chapter 6 

Recommendation 7 

The Commonwealth, and those states and territories that do not currently have a legislated victims’ charter, should enact such a charter. 

Recommendation 8 

The Standing Council of Attorneys-General should commission an appropriately funded national review of victims’ charters to identify and consolidate a key set of rights for victims of sexual violence which should then be legislated in victims’ charters in the Commonwealth and all states and territories. Subject to the review, the key set of rights should include: a. Where police decide not to investigate or lay charges: i. the right to be informed by police about the right to seek reasons, and a review, of the decision; b. ii. the right to reasons for the decision; and iii. the right to a review of the decision. Where prosecutors decide to withdraw or otherwise discontinue all charges in relation to a prosecution: i. the right to be informed by prosecutors about the right to seek reasons, and a review, of the decision;  ii. the right to reasons for the decision; and iii. the right to review of the decision. c. The right to request that the person interviewing them is of a particular gender, and to have that request accommodated where possible. d. The right to be informed of, and make use of, available flexible evidence measures and flexible arrangements for giving a police statement, evidence, and a victim impact statement. e. The right to be informed of alternative justice options (including civil justice, restorative justice, conciliation, and victims of crime schemes). f. The right to interpretation and translation, including for First Nations people who speak a language other than English. Victims’ charters should also require justice agencies to take into account, refrain from discriminating on the basis of, and be responsive to, the particular needs of groups who are disproportionately reflected in sexual violence statistics. 

Recommendation 9 

As a component of the Independent Legal Services recommended in Recommendation 1, the Australian Government, together with state and territory governments, should fund and support independent legal advisers who will be available to: a. provide complainants of sexual violence with legal advice as required during the criminal justice process; and b. represent complainants in court when applications are made to subpoena or inspect materials which may contain a complainant’s personal, sensitive, or confidential information (including sexual assault counselling communications). 

Recommendation 10 

The Commonwealth, states, and territories should amend relevant legislation to provide that independent legal advisers have standing to appear in court on behalf of complainants of sexual violence in applications to subpoena or inspect materials directed to third parties which may contain a complainant’s personal, sensitive, or confidential information, including sexual assault counselling communications. The legislative changes should include a mechanism which ensures the complainant is notified that a subpoena has been sent to a third party to produce personal, sensitive, or confidential information, including sexual assault counselling communications, relating to the complainant. 

Chapter 7 

Recommendation 11 

People who work in the criminal justice system and have relevant involvement in sexual violence matters, including judicial officers (magistrates, trial judges, and appellate judges); court staff; prosecutors and in-house witness assistance officers; defence lawyers; and police officers, should receive: a. education about myths and misconceptions that utilises research on: i. trauma, memory, and responsive behaviour of complainants of sexual offences; and ii. sexual offending, grooming behaviour, and coercive control; and b. training about trauma-informed and culturally safe practices, including: i. best practice communication and engagement with complainants (including working with intermediaries and interpreters); ii. supporting the informed choices of complainants, including in relation to giving statements, flexible evidence measures, and giving evidence; iii. minimising retraumatisation in the justice system, including during questioning by police, prosecutors in witness conferences, and parties in court; iv. v. victims’ rights, including their rights to privacy and laws and processes about sexual assault counselling communications; responding with an understanding of the intersection between family violence and sexual violence; and vi. practices which address the experiences and needs of groups who are disproportionately reflected in sexual violence statistics. The education and training should: c. be evidence-based; d. e. inform and address the relevant organisation’s guidelines about myths and misconceptions and trauma-informed and culturally safe practices; and be developed with input from experts on trauma; memory and responsive behaviour of complainants of sexual offences; people who have experienced sexual violence; sexual assault services; and representatives of groups who are disproportionately reflected in sexual violence statistics. 

Recommendation 12 

Police agencies should mandate and be funded to ensure all police officers receive the education and training described in Recommendation 11, but tailored to reflect the tasks performed by specialist police officers and general duty police officers. 

Recommendation 13 

Commonwealth, state, and territory Offices of the Directors of Public Prosecutions should mandate and be funded to ensure that all employed solicitors, prosecutors, and witness assistance officers who work on sexual violence matters receive the education and training described in Recommendation 11 (tailored to reflect the tasks performed). 

Recommendation 14 

All courts should strongly encourage the education and training described in Recommendation 11 for court staff who work on sexual violence matters (tailored to reflect the tasks they perform). 

Recommendation 15 

State and territory bar associations and law societies should: a. strongly encourage barristers and solicitors who work on sexual violence matters to complete the education and training described in Recommendation 11 as part of ongoing professional development and training requirements; b. be funded to enable the provision of this education and training to barristers and solicitors for free or at a discounted rate; and c. collect and publish data on the number of participants who undertake this education and training. 

Recommendation 16 

Each court, through its head of jurisdiction, should strongly encourage all judicial officers (magistrates, trial judges, and appellate judges) who sit on sexual violence matters to undertake the education and training described in Recommendation 11. The National Judicial College of Australia, the Judicial Commission of NSW, and the Judicial College of Victoria should be funded to provide that education and training and keep records of attendances. Levels of attendance of judicial officers at education and training programs described in Recommendation 11 should be included in court annual reports. 

Recommendation 17 

The Law Admissions Consultative Committee (LACC) should ensure that education about myths and misconceptions research and trauma-informed and culturally safe responses to sexual violence (as described in Recommendation 11) are part of the current discussions between the six peak bodies (the Council of Australian Law Deans, LACC, Legal Services Council, Australian Law Students’ Association, Law 24 Justice Responses to Sexual Violence Council of Australia and the Australasian Professional Legal Education Community Ltd) around reforming legal education with a view to embedding that education within the curriculum of all law schools and practical legal education providers. 

Recommendation 18 

Federal, state, and territory police agencies should prepare or review and update their guidelines on responding to complainants of sexual violence to ensure that their guidelines address, at a minimum, the following matters: a. b. a requirement to log all complaints of sexual violence; processes for responding to complainants of sexual violence, including complainants who are within groups that are disproportionately reflected in sexual violence statistics; c. advising complainants prior to a formal interview of their right to seek independent legal advice and the availability of supports, including referrals to the Independent Legal Services, a Justice System Navigator, and support services; d. e. criteria for making decisions regarding investigations or laying charges; processes for interviewing complainants, including processes for taking a written statement or making an audiovisual recording; f. communicating with complainants, including keeping complainants informed and updated; g. timeframes; h. the use of communication assistance, including interpreters and intermediaries; i. the intersection between family violence and sexual violence; and j. review and complaint processes. The police guidelines (which are not operationally sensitive) should be made publicly available, published online and subject to ongoing review. 

Recommendation 19 

Offices of the Directors of Public Prosecutions should review and update their guidelines on responding to complainants of sexual violence to ensure their guidelines address, at a minimum, the following matters: a. b. the decision to prosecute or not prosecute; communicating with complainants, including keeping complainants informed and updated; c. processes for responding to complainants of sexual offences, including complainants who are within groups that are disproportionately reflected in sexual violence statistics;  d. e. f. advising complainants of their right to seek independent legal advice and the availability of supports, including referrals to (where applicable) Independent Legal Services, a Justice System Navigator, witness assistance services, and support services; meeting with complainants before trial; preparation for trial, including the process of proofing complainants and court familiarisation; g. the trial process generally; h. i. j. k. the option of a pre-recorded evidence hearing; the availability of flexible evidence measures; the use of communication assistance, including interpreters and intermediaries; applications for access to a complainant’s personal, sensitive or confidential information, including sexual assault counselling communications; l. sentencing and victim impact statements; m. appeals; n. timeframes; o. resolving charges before trial; p. decisions to discontinue the prosecution; and q. review and complaint processes. The prosecution guidelines should be made publicly available, published online, and subject to ongoing review. 

Recommendation 20 

Federal, state, and territory police agencies, the Offices of the Directors of Public Prosecutions, and state and territory courts should ensure their online information on processes about sexual offence matters: a. is easy to find; b. c. explains to complainants what they can expect from the process; provides information about all trauma-informed and culturally-informed processes, including the availability of flexible evidence measures; d. is accessible to screen readers; e. f. g. is available in an accessible format, including in easy read and audio or video format with captioning; is available in multiple languages; and is kept up to date. 

Chapter 8 

Recommendation 21 

The Standing Council of Attorneys-General should establish an appropriately funded expert multi-disciplinary working group to produce a model bill containing judicial directions to address myths and misconceptions in sexual offence trials, to be enacted by each state and territory (the Model Jury Directions Bill). The multi-disciplinary working group should include experienced criminal trial judges and consult nationally with criminal trial judges, researchers, and stakeholders about the Model Jury Directions Bill. Once adopted by states and territories, the effectiveness of the directions in the Model Jury Directions Bill should be subject to ongoing evaluation, including a review within five years after enactment. 

Recommendation 22 

The National Judicial College of Australia, the Australasian Institute of Judicial Administration, the Judicial College of Victoria, and the Judicial Commission of New South Wales, in collaboration with relevant experts, should be funded to publish a National Judicial Bench Book, to support and complement the Model Jury Directions Bill (Recommendation 21). 

Recommendation 23 

Relevant Commonwealth, state, and territory legislation should be amended, where necessary, to make admissible expert evidence about the impact of sexual violence on child and adult complainants. 

Recommendation 24 

The Standing Council of Attorneys-General should commission the establishment of an appropriately funded governing body of expert witnesses in sexual violence matters to: a. b. c. compile and maintain a panel of expert witnesses as an accessible resource for prosecution and defence who are seeking opinions, reports, and evidence from qualified experts about myths and misconceptions, including the impact of trauma on memory, responsive behaviour of complainants, and related topics; prepare materials for a flexible approach to expert evidence, including audiovisual recordings of experts giving evidence in the form of modules which address research on the impact of trauma on memory and responsive behaviour of complainants with a view to those recordings being admissible as part of the prosecution case; prepare summaries of those modules which may be used as the basis for agreed facts between prosecution and defence in sexual assault trials; and  d. be a resource for the education of people who work in the criminal justice system, including by producing training videos for police, prosecutors, and defence counsel on myths and misconceptions and trauma-informed practice (discussed in Recommendation 11) and contributing to programs organised by the National Judicial College of Australia, Australasian Institute of Judicial Administration, judicial colleges, Offices of the Directors of Public Prosecutions, Legal Aid Commissions, Aboriginal and Torres Strait Islander legal services, bar associations, law societies, and police. Membership of the governing body should include experts and academics specialising in: memory, including the impacts of trauma on memory; responsive behaviour of people who have experienced sexual violence; sexual offences; and jury research. Members of the governing body should undertake this work in consultation with experienced trial judges; academics who specialise in jury research; counsel experienced in conducting sexual violence trials; and other relevant stakeholders. 

Recommendation 25 

The Commonwealth, and each state and territory, should enact legislation to provide that the evidence of an expert on sexual violence (see Recommendation 24) may be admissible in the form of an audiovisual recording, but the expert (or another expert who adopts the video) must be available for cross-examination if required. 

Chapter 9 

Recommendation 26 

The Standing Council of Attorneys-General should establish an appropriately funded national taskforce to develop a national quality assurance framework for police interviewing of complainants of sexual violence. a. The national taskforce should, in relation to the police agency in each jurisdiction: i. use the quality assurance framework to review agency interviewing guidelines and work with the agency to ensure they are founded upon generally accepted evidence-based practices for interviewing complainants; ii. evaluate agency implementation of those guidelines, including by objectively evaluating interviewer and organisational performance; iii. provide feedback to the police agency, which would include communicating key elements of the research and identifying areas for improvement; and iv. receive reports back from the police agency in response to the feedback and areas identified for improvement.  b. The taskforce should include: i. members with extensive high-level police governance experience; and c. ii. experts in the field of investigative interviewing of complainants of sexual violence and in the evaluation of interviewer training. As required, the taskforce should consult with relevant stakeholders, including: i. experts on the impact of trauma; ii. iii. iv. people who have experienced sexual violence; representatives from groups who are disproportionately reflected in sexual violence statistics and other experts who can advise on cultural sensitivity with respect to police investigations; experienced prosecution and defence counsel; and v. trial judges experienced in conducting sexual assault trials. 

Recommendation 27 

Federal, state, and territory police agencies should ensure that trauma-informed environments are available for interviewing complainants of sexual violence, including the provision of: a. a comfortable space; b. privacy; c. the ability to accommodate a support person or victim advocate; and d. disability access. Arrangements should be put in place to allow for statements to be taken from outside police premises, including at culturally appropriate locations. 

Recommendation 28 

The Commonwealth, states, and territories should enact or amend legislation, where necessary, to provide all adult complainants of sexual offence proceedings in County, District, or Supreme Courts with the option of giving their evidence (evidence-in- chief, cross-examination, and any re-examination) at a pre-recorded evidence hearing (recorded in the absence of a jury). Offices of the Directors of Public Prosecutions in each jurisdiction should adopt guidelines which ensure: a. an adult complainant is: i. ii. given a choice to give evidence either at a pre-recorded evidence hearing or at the time of trial; given information relevant to making that choice; and iii. advised that to help make the choice, they may speak with a Justice System Navigator or obtain advice from the Independent Legal Services (see Recommendations 1 and 9); and b. the prosecution will not make an application for a pre-recorded evidence hearing unless the complainant has been consulted and made an informed choice to proceed in that way. 

Recommendation 29 

The Australian, state, and territory governments should ensure that the use of recorded police statements and pre-recorded evidence hearings is monitored and reviewed, by collaborating to commission and fund relevant empirical research projects. 

Recommendation 30 

The Australian, state and territory governments should ensure that adequate technology, suitable for recording and playing evidence, is available to police agencies and courts, including in regional and remote areas. 

Chapter 10 

Recommendation 31 

The Commonwealth, states, and territories should each legislate, establish, maintain and fund an intermediary scheme which ensures an intermediary is available in sexual violence matters for child complainants and complainants with communication needs at the police interview, pre-recorded evidence hearing, and trial stages. The Standing Council of Attorneys-General should establish an appropriately funded peak body to support the recruitment, professional development, and provision of intermediaries across Australia by: a. developing national accreditation standards for intermediaries (in consultation with Aboriginal Community Controlled Organisations) which respects and includes competency in working with First Nations complainants; b. c. creating an inter-jurisdictional register of intermediaries; and providing national professional development opportunities and access to vicarious trauma support. 

Recommendation 32 

Trial courts should extend ‘ground rules’ hearings about the evidence of complainants of sexual violence as an available option in all sexual offence trials, to be held on application by prosecution or defence or on the court’s own motion prior to the complainant giving evidence. Where necessary, the Commonwealth, states, and territories should enact legislation to facilitate this. 

Recommendation 33 

The Standing Council of Attorneys-General should: a. develop a strategy to address the national shortage of interpreters to assist complainants of sexual violence in the criminal justice system; and b. coordinate the Australian, state and territory governments to: i. ensure interpreters are consistently, efficiently, and appropriately engaged by justice agencies for complainants of sexual violence, from the point of police reporting to finalisation of the criminal process (including considering the mechanisms for engagement of interpreters by courts and tribunals as identified by the Judicial Council on Cultural Diversity in the ‘Recommended National Standards for Working with Interpreters in Courts and Tribunals’); ii. develop national standards for working with interpreters on sexual violence matters at the police and prosecution stage (in consultation with relevant stakeholders, including police agencies, interpreting agencies and services, people who have experienced sexual violence, and Aboriginal Community Controlled Organisations); and iii. provide for vicarious trauma support and training in trauma-informed principles for interpreters who work with complainants of sexual violence. 

Recommendation 34 

The Commonwealth, states, and territories should review and where necessary amend legislation, and courts should amend court rules, to implement flexible measures for victims of sexual offences to make and deliver their victim impact statements: a. in a flexible format, including written, pre-recorded audio, or pre-recorded audio-visual statements; b. utilising illustrative formats, such as drawings and photographs; c. for written statements: d. i. read aloud by the victim in an open or closed court (with or without a screen) or via remote witness facilities and with a support person; or ii. iii. read aloud by someone nominated by the victim; or tendered without being read aloud; and for pre-recorded audio or pre-recorded audio-visual statements: i. ii. iii. played in an open court; or played in a closed court; or tendered without being played in court. 

Chapter 11 

Recommendation 35 

1. 2. 3. Jurisdictions that have recently adopted affirmative models of consent, or that are proposing to do so, should evaluate these reforms within five years of the reforms commencing. Tasmania (which has had an affirmative model of consent since 2004) should also conduct a review, within a reasonable timeframe. The purpose of the evaluation is to ensure that a best practice affirmative model of consent is identified for the purposes of national harmonisation. The Standing Council of Attorneys-General should commission, and ensure appropriate funding for, the Australian Institute of Criminology to prepare the evaluation criteria and conduct the evaluation. The evaluation should assess whether the reforms are: a. operating in a trauma-informed manner for complainants and consistently with the accused person’s right to a fair trial; and b. having any impact on: i. jury directions; ii. the presentation of prosecution and defence cases at trial; iii. cross-examination of complainants and accused persons; and iv. community understandings of consent. 4. The Australian Institute of Criminology should liaise with court researchers (see Recommendation 3) to obtain data for the evaluation process. 5. People who have experienced sexual violence, police, prosecutors, defence lawyers, and judicial officers should be consulted as part of the evaluation process. 6. The Australian Institute of Criminology should provide the results of the evaluation to the Standing Council of Attorneys-General to consider the adoption of a nationally harmonised affirmative model of consent. 

Recommendation 36 

The Commonwealth, states, and territories, with the assistance and oversight of the Standing Council of Attorneys-General, should review their legislation to ensure there is broad national consistency in the list of matters that do not, on their own, constitute consent (negative indicators of consent). Examples (based on existing legislation across the jurisdictions) include: a. previous consent to a sexual act, of that kind or any other kind, either with the accused person or someone else; and b. absence of resistance to sexual activity.  Note: These are expressed as general terms. The ALRC seeks to achieve broad consistency nationally, rather than being prescriptive about how such negative indicators should be expressed in legislation. 

Recommendation 37 

1. 2. The Commonwealth, states, and territories, with the assistance and oversight of the Standing Council of Attorneys-General, should review relevant legislation, and amend that legislation where necessary, to ensure there is broad national consistency in the list of circumstances where there is no consent. The circumstances where there is no consent should be considered and agreed upon, in respect of each of the following categories: a. b. where the person does not do or say anything to communicate consent; where the person has no capacity to consent, for example because they were: asleep, unconscious, or incapable of understanding the nature of the act; or because the person was incapacitated by drugs or alcohol; c. where the person participates because of: i. threats or use of force or harm (including economic or financial harm) to themselves, another person, an animal, or property; ii. intimidation or coercion, including in the context of domestic or family violence; iii. unlawful detainment; or iv. an abuse of a position of authority, trust, or dependency; d. where the person has a mistaken belief as to the identity of the other person or as to the nature or the purpose of the act; e. where the person participates because of a fraudulent inducement or deception; or f. where, contrary to an agreement that a condom would be used, there was intentional non-use, removal of, or tampering with, a condom. Note: The ALRC seeks to achieve broad consistency nationally. The ALRC emphasises that the descriptions given in (2)(a)–(f) are descriptions of categories (which are based on existing legislation across the jurisdictions). It is for the states and territories, through the Standing Council of Attorneys-General, to try to ensure consistency of categories. 

Recommendation 38 

The Australian Government should resource and support ongoing public education about consent. The Australian Government should build upon existing initiatives, with an emphasis on identifying gaps and meeting the needs of different communities.  a. Education programs should seek to explain: i. the importance of consent; ii. who can consent; iii. iv. v. vi. vii. viii. that consent requires free and voluntary agreement; that not doing or saying anything to communicate consent is not consent (and include examples of ways that consent can be communicated); that steps should be taken by each participant to see if other participants are consenting (and include examples of steps that could be taken); that consent is required every time for every type of sexual activity (see Recommendation 36); that there are circumstances in which there is no consent (see Recommendation 37); and that sexual activity with a person who does not consent is a criminal offence. b. Education programs should be: i. ii. informed by international technical guidance on sexuality education; informed by evidence-based research on primary prevention of gender- based violence (consistent with the National Plan to End Violence Against Women and Children 2022–2032) and on how best to generate lasting social change; iii. accessible and up to date; and iv. specific to their context and audience (rather than general). c. Education programs should be tailored to reach all groups in the community, with a focus on: i. boys and young men; ii. specific age groups including children at different developmental stages, young people, and older people; iii. neurodiverse people; iv. people with communication difficulties (who may have difficulties communicating consent); v. vi. people with impaired capacity to consent; people with impaired capacity to understand whether or not other participants are consenting; vii. First Nations people;   d. viii. ix. people in remote, rural, and regional communities; and people working in institutional settings with children, people with disabilities, and people in aged care. Education programs should be developed through a process of participatory design, which includes children and young people, older people, First Nations communities, LGBTQIA+ communities, neurodiverse people, people with disabilities, and culturally and linguistically diverse communities. 

Chapter 12 

Recommendation 39 

Each state and territory should amend relevant legislation, where necessary, and enact a provision that fully adopts section 41 of the Evidence Act 1995 (Cth). 

Recommendation 40 

Judicial education should cover the duty to intervene imposed by section 41 of the Evidence Act 1995 (Cth), to ensure its requirements are well understood and consistently applied. 

Recommendation 41 

The Standing Council of Attorneys-General should commission and ensure appropriate funding for research, within five years of all jurisdictions adopting section 41 of the Evidence Act 1995 (Cth), to evaluate whether the provision, combined with judicial education, is reducing improper questioning and increasing appropriate judicial intervention. 

Recommendation 42 

The Commonwealth, states, and territories should amend relevant legislation, where necessary, to adopt a consistent approach to cross-examination by unrepresented accused persons in criminal proceedings by: a. prohibiting unrepresented accused persons from personally cross-examining any complainant or family member of the complainant (a protected witness), in all sexual offence proceedings, in all courts; b. providing that unrepresented accused persons are only permitted to cross- examine a protected witness through a person appointed by the court to ask questions on their behalf; c. providing that if unrepresented accused persons wish to cross-examine a protected witness, the court must order that a person be appointed to ask questions on behalf of the accused person for the purposes of cross- examination only; d. providing that any person appointed by the court for this purpose: i. must be a legal practitioner; and   ii. is indemnified when providing such a service, provided they act in ‘good faith’; e. f. g. providing that Legal Aid Commissions are funded and required in each jurisdiction to provide this service, irrespective of the accused person’s capacity to pay for representation; providing that appointed persons must not put improper questions to the protected witness on behalf of the accused person; providing that judicial officers must advise accused persons of: i. ii. their right to a court-appointed legal practitioner; and the consequences (in terms of being able to lead evidence which contradicts, challenges, or discredits a witness) if they decline and decide not to cross-examine a witness; h. providing that judicial officers must inform juries that: i. it is normal process for protected witnesses not to be questioned by an accused person directly and for legal practitioners to be appointed for that purpose; and ii. no inference (against or in favour of the accused person or protected witness) may be drawn from this process. 

Recommendation 43 

The Standing Council of Attorneys-General should commission and ensure appropriate funding for the Australian Institute of Criminology to conduct research: a. on how confidential communication and sexual assault counselling privilege provisions are operating in practice (including the adequacy of current subpoena processes); and b. to identify areas for improvement, consistent with the underlying public interest rationale for the provisions. The Standing Council of Attorneys-General should, on the basis of that evaluation, consider whether sexual assault counselling communications should be absolutely privileged or admissible with the leave of the court (and if so, what the criteria for granting leave should be). 

Recommendation 44 

Section 4(1) of the Sexual Offences (Evidence and Procedure) Act 1983 (NT), dealing with sexual reputation, should be amended to provide that evidence of a complainant’s sexual reputation is not admissible in a sexual offence proceeding. This absolute prohibition should extend to all sexual offence complainants. The availability of leave (in respect of section 4(1)(a)) and the term ‘chastity’ should be removed. 

Recommendation 45 

New South Wales should introduce a discretionary leave model for the admission of sexual history evidence, consistent with the approach adopted in all other jurisdictions. 

Chapter 13 

Recommendation 46 

1. Commonwealth, state, and territory laws relating to civil proceedings, as well as court and tribunal processes (including processes relating to their conciliation, mediation, and hearing functions) should be amended, where reasonably practicable, so that the following measures, mechanisms, and evidentiary rules are available in any civil proceeding in which an allegation of sexual violence is raised: Delay a. Prioritise for hearing (and for any pre-recorded evidence hearing) matters involving children, or people with a cognitive impairment, who allege they have experienced sexual violence. Flexible evidence measures b. c. d. e. Establish ‘ground rules’ for appropriate questioning of witnesses, and appropriate flexible evidence measures, as part of case management hearings. Record evidence given at trial by witnesses who allege having experienced sexual violence to avoid the need for that evidence to be given again on any re-trial. Any person who alleges they have experienced sexual violence should have access to the following flexible evidence measures: i. giving evidence with a one-way screen or other device to avoid visual contact with the person alleged to have used sexual violence; ii. giving evidence from a remote location within the court precinct via video link; iii. giving evidence from a remote location outside the court precinct via video link; iv. v. having a support person present while giving evidence; and having a canine companion present while giving evidence. A court should have explicit discretion to close the court when a person who alleges having experienced sexual violence gives evidence, and  f. the court should give significant weight to the potential for the person to experience trauma if they were to give evidence in open court. Make available Indigenous Liaison Officers to assist courts to operate in culturally safer ways, and to assist First Nations people to engage with court proceedings, whether as a party, witness, or otherwise, in relation to matters in which sexual violence is a relevant issue. Interpreters g. Where necessary, make available an appropriately qualified interpreter trained in trauma-informed principles (see Recommendation 33) to interpret for a person who alleges sexual violence. Intermediaries h. Make available an intermediary for witnesses who are a child or have a communication difficulty and allege having experienced sexual violence. Improper questioning i. Relevant evidence legislation should be amended to introduce a provision equivalent to section 41 of the Evidence Act 1995 (Cth) (where not already enacted in the particular jurisdiction), requiring a court to intervene when an improper question is put to a witness. Cross-examination j. Prohibit personal cross-examination by an unrepresented person of a witness when there is an allegation of sexual violence between the unrepresented person and the witness (or an allegation of violence against a family member of the witness) and provide for any cross- examination to be conducted by a legal practitioner who is made available without cost to the unrepresented person. Admissibility of evidence k. Require that the leave of the court or tribunal be obtained to compel the production of, or to produce, or to adduce, evidence of confidential sexual assault counselling communications made by a party or witness who alleges having experienced sexual violence, unless the party or witness has waived confidentiality. In considering whether leave should be granted, the court or tribunal should take into account the probative value of the evidence and the prejudice or harm that would be caused by the loss of confidentiality. l. Exclude evidence of the sexual reputation of a witness who alleges having experienced sexual violence and require that the leave of the court be obtained for the admission of evidence about that person’s sexual history.  m. Provide for admissibility of expert evidence regarding the nature and effects of sexual violence upon a person alleging having experienced sexual violence (including effects on memory, the nature and effects of trauma, and the nature of sexual violence), to be used for the purpose of assessing the credibility and reliability of the person’s evidence. The measures or mechanisms outlined above should, unless the court or tribunal otherwise determines, be made available only when the alleged sexual violence is capable of constituting a criminal offence. 2. Training and education should be made available to judges, tribunal members, court and tribunal staff, and lawyers involved in civil proceedings involving allegations of sexual violence in relation to: a. Trauma-informed practice, including cultural competence and cultural safety. b. c. d. Working with interpreters in sexual violence matters. Working with intermediaries in sexual violence matters. The duty to intervene to prevent improper questioning, to ensure that the requirements of a provision equivalent to section 41 of the Evidence Act 1995 (Cth) are well understood and consistently applied. 3. Courts and tribunals should, where appropriate, publish a bench book relating to civil matters involving allegations of sexual violence. 

Recommendation 47 

Commonwealth, state, and territory complaint bodies and regulators (such as the Commonwealth Ombudsman, Australian Human Rights Commission and Fair Work Ombudsman), non-tribunal government services, and private mediators and arbitrators should review their processes to: a. enhance trauma-informed practice; b. avoid perpetuating or giving effect to myths and misconceptions about sexual violence; c. train staff in trauma-informed practice (including cultural competence and cultural safety) and common myths and misconceptions about sexual violence; and d. facilitate the communication needs of people who have experienced sexual violence. 

Chapter 14 

Recommendation 48 

The Sex Discrimination Act 1984 (Cth) should be amended so that the prohibitions on sexual harassment (as defined in s 28A of the Act) apply beyond those areas of activity specified by ss 28B–28L of the Act to all areas of public activity. 

Recommendation 49 

The Australian Government should consider within 24 months of this Report whether, and how best, to amend the Sex Discrimination Act 1984 (Cth) so that the prohibitions on sexual harassment apply universally. 

Recommendation 50 

The remedies available under the Australian Human Rights Commission Act 1986 (Cth) for addressing a contravention of the prohibition on sexual harassment in the Sex Discrimination Act 1984 (Cth) should be clarified or extended to include the capacity for the court to make orders where appropriate: a. restraining a respondent from engaging in particular conduct (such as approaching the applicant, or attending a particular place); b. requiring a respondent to take part in a program of counselling, training, mediation, rehabilitation, or assessment; c. requiring a respondent, conducting the business or undertaking in which the sexual harassment has occurred, to take corrective action to prevent further sexual harassment in the business or undertaking; and d. requiring a respondent to pay a civil penalty in relation to a breach of a prohibition on sexual harassment in the Sex Discrimination Act 1984 (Cth). 

Recommendation 51 

The Australian Human Rights Commission Act 1986 (Cth) should be amended such that a person found to have contravened the positive duty in s 47C of the Sex Discrimination Act 1984 (Cth) may be ordered to pay a civil penalty. 

Chapter 15 

Recommendation 52 

Section 570 of the Fair Work Act 2009 (Cth) should be amended for sexual harassment proceedings, such that it is equivalent to s 46PSA of the Australian Human Rights Commission Act 1986 (Cth), which is the provision that applies to the recovery of legal costs in sexual harassment proceedings under the Sex Discrimination Act 1984 (Cth). 

Recommendation 53 

The Fair Work Act 2009 (Cth) should be amended to include a provision (equivalent to that contained in the Sex Discrimination Act 1984 (Cth)) imposing a positive duty on an employer, or a person conducting a business or undertaking, to take reasonable and proportionate measures to eliminate, as far as possible, the sexual harassment of workers. A person who breaches the positive duty should be liable for payment of a civil penalty. 

Recommendation 54 

The remedies available under the Fair Work Act 2009 (Cth) for a breach of the prohibition on sexual harassment should be clarified or extended to include capacity for a court or the Fair Work Commission (in arbitration or when making a stop sexual harassment order) to make orders, where appropriate: a. restraining a respondent from engaging in particular conduct (such as approaching the applicant, or attending a particular place); b. requiring a respondent to take part in a program of counselling, training, mediation, rehabilitation, or assessment; and c. requiring a respondent, conducting the business or undertaking in which the sexual harassment has occurred, to take corrective action to prevent further sexual harassment in the business or undertaking. 

Recommendation 55 

The Australian Government should, within 24 months of this Report, conduct a review of the operation of the regime in the Fair Work Act 2009 (Cth) addressing sexual harassment. Subject to the outcome of that review, a regime incorporating tribunal, court, and regulatory processes like those provided for in the Fair Work Act 2009 (Cth) should be made available in other sectors (for example, in the higher education sector) or across all areas of activity in which sexual harassment is prohibited in the Sex Discrimination Act 1984 (Cth).

Chapter 16 

Recommendation 56 

Each state and territory victims of crime scheme should, where necessary, be amended in relation to sexual violence matters to: a. extend time limits for applications to be at least 10 years from the date of the most recent act of violence for which assistance is sought, and provide a discretion to accept applications made outside the time limit based on a low threshold; b. remove any requirement for an applicant to have disclosed the violence to another person, or to have formally reported or cooperated with authorities, as a condition of receiving financial assistance or as a basis for any reduction in the financial assistance provided, and not use non-reporting as determinative of, or necessarily essential to, the assessment of whether the violence occurred; c. d. remove requirements to prove injury as a condition of making a recognition payment, and provide access to a recognition payment as an alternative to proving injury in order to obtain a compensation payment. Injury should be presumed in relation to medical, counselling, and related expenses; not notify the person alleged to have used sexual violence that an application has been made, or that a financial assistance payment has been made, where the applicant has a genuine belief of a risk of harm to the applicant or to a person associated with the applicant; e. not reduce any payment on the basis that the person alleged to have used sexual violence may benefit, and instead use other measures to safeguard payments made to an applicant; and f. introduce recognition statements and recognition meetings. 

Recommendation 57 

Each state and territory government should conduct a review of its victims of crime scheme to consider the following (where applicable) in relation to all applications (including, but not limited to, sexual violence matters): a. ensuring that the process is victim-centred and trauma-informed, including by: i. ensuring that decision-makers are appropriately trained; ii. reducing complexity of the application process; and iii. reducing the time taken to process applications; b. c. setting out guiding principles for the operation of the scheme; with the assistance and oversight of the Standing Council of Attorneys-General, providing equality of access across all victims of crime schemes and providing for more equitable and consistent awards of compensation or financial assistance across all jurisdictions; d. applying the standard of proof that ‘on the balance of probabilities’ the wrongdoing occurred, rather than any higher standard; e. prohibiting any criminal activity by the applicant being used as a ground for refusal or reduction of an award, and ensuring that any discretion to refuse or reduce an award by reason of any contributory conduct is not misused; f. on request, requiring decision-makers to provide written reasons for decisions; and g. recognition payments. 

Chapter 18 

Recommendation 58 

The Commonwealth, states, and territories should, where necessary, adopt, or review and amend, legislation to make restorative justice for sexual violence widely available. 

Recommendation 59 

Restorative justice legislation should provide clarity about: a. its aims, which should include: i. empowering people who have been harmed and responding flexibly to their needs; ii. respecting all participants and ensuring their safety; and iii. repairing harm; b. the voluntary nature of restorative justice — no one is under any obligation to participate; c. d. the confidentiality of the restorative justice process and limits on confidentiality; its availability in cases involving children and young people, and the additional screening and supports that must be provided in these cases; e. the relationship between restorative justice and other justice processes, including: i. when and how matters that are the subject of criminal charges can be referred for restorative justice, and how restorative justice outcomes may influence criminal justice outcomes in these cases (Recommendation 60); ii. recognition that restorative justice can happen independently of other justice processes; f. the obligation on providers of restorative justice for sexual violence to work within national guidelines (Recommendation 61); and g. the bodies responsible for oversight of restorative justice (Recommendation 62). 

Recommendation 60 

Restorative justice legislation should specify that restorative justice is available: a. where a person who has experienced sexual violence has not reported the violence to the police; b. where a person who has experienced sexual violence has reported to police, but there were insufficient grounds to file charges or the prosecution was discontinued, subject to safeguards to ensure the charging and prosecution process is fair and transparent; c. during criminal proceedings as part of the accused person being referred to a diversionary program that provides for a restorative justice process; d. e. after a guilty plea or conviction and before sentencing; and at any time after sentencing, including as part of parole proceedings. 

Recommendation 61 

The Australian Government, together with state and territory governments, should develop national guidelines for the safe delivery of restorative justice for sexual violence, drawing on the guidelines used in the Australian Capital Territory, New Zealand; and in Victoria for family violence. The national guidelines should be developed with input from people who have experienced sexual violence, sexual violence services, Aboriginal Community Controlled Organisations, community organisations (including those representing groups who are disproportionately reflected in sexual violence statistics), and restorative justice researchers and providers. 

Recommendation 62 

The Commonwealth, states, and territories should ensure designated bodies are responsible in each jurisdiction for providing oversight of restorative justice, including consistent implementation of the national guidelines (Recommendation 61). The oversight bodies should include First Nations representatives and representatives from groups who are disproportionately reflected in sexual violence statistics. The Commonwealth oversight body should: a. b. c. establish and publish national training standards; establish and publish national accreditation criteria; and provide national coordination and support national information sharing, knowledge building networks, and communities of practice. The Commonwealth, state, and territory oversight bodies should: d. e. establish and manage complaints processes in their jurisdiction; ensure transparency and accountability in relation to the funding of restorative justice; and f. evaluate programs and collect and publish data to provide transparency and inform program and policy development. How programs are evaluated, and data is collected and published, should be consistent with principles of Indigenous data sovereignty. 

Recommendation 63 

The Australian, state, and territory governments should jointly provide funding to support First Nations communities to design, build, and deliver accredited restorative justice programs for First Nations people. First Nations people should be free to access restorative justice at any restorative justice service. 

Recommendation 64 

The Australian, state, and territory governments should make sure restorative justice is well resourced and supported by ‘wrap around’ services, including therapeutic treatment programs for people responsible for sexual violence.