Community Legal Centres NSW was invited to make a submission for comment on the draft amendment to the Model Uniform Evidence Bill by the Department of Justice. The resulting submission endorsed the Women's Legal Service NSW submission regarding the consultation on the immunity for sexual assault counselling communications. The Community Legal Centres NSW submission also provided a case study by the Redfern Legal Centre.
The case study highlights:
- The importance of a process whereby the alleged victim (and their advocate) receive a timely notice that their personal records may be produced in court;
- The importance of legal representation with standing to effectively represent the victim's views and interests in relation to the sexual assault communications privilege;
- The importance of free legal representation to assist an alleged victim, including through adequately-funded Community Legal Centres, Legal Aid, Aboriginal Legal Service, and other public legal service providers;
- That an express exemption for medical counselling, therapy or treatment is not appropriate;
- That preliminary examination should be mandatory;
- The importance of conducting these issues with an appropriate level of sensitivity for the impact of the argument on the complainant.
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