Senate

Supplementary Explanatory Memorandum

(Circulated by authority of the Attorney-General, the Hon Mark Dreyfus KC MP)

AMENDMENTS TO THE CRIMES AMENDMENT (STRENGTHENING THE CRIMINAL JUSTICE RESPONSE TO SEXUAL VIOLENCE) BILL 2024

(Government)

GENERAL OUTLINE

1. The amendments to the Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024 (the Bill) address the recommendations of the Senate Legal and Constitutional Affairs Legislation Committee, contained in its April 2024 report on the Bill and issues raised by stakeholders through that process.

2. The amendments will amend the Bill and Crimes Act 1914 (the Act) to:

a.

include the offence of genocide against Division 268 of the Criminal Code 1995 to the list of offences to which Part IAD of the Act applies;

b.

remove offences that may only be perpetrated against children from the list of offences which apply to vulnerable adult complainants;

c.

amend the definitions of child complainant and child witness so that a person who is 18 years of age or older has the ability to opt out of the protections provided in Part IAD;

d.

clarify the scope of sexual experience evidence that may be adduced in proceedings under Part IAD;

e.

require that audio-only evidence should only be ordered or admitted by the court when there are extraordinary circumstances;

f.

prohibit unrepresented defendants from being able to cross examine vulnerable adult complainants;

g.

broaden the right to an interpreter to include persons with non-physical disabilities

h.

require that a practitioner's supporting statement, which is required for a child to consent to self-identifying information being published, contains details on the nature and duration of the professional relationship between the practitioner and the vulnerable person.

FINANCIAL IMPACT

3. Nil.

STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024

1. The amendments to the Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024 (the Bill) are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the amendments

2. The Bill amends the Crimes Act 1914 (the Act) to implement trauma-informed measures that better support vulnerable persons when appearing as complainants and/or witnesses in Commonwealth criminal proceedings, whilst maintaining appropriate criminal procedure safeguards. The amendments to the Bill will:

a.

include the offence of genocide against Division 268 of the Criminal Code 1995 to the list of offences to which Part IAD applies;

b.

amend the definitions of child complainant and child witness so that a person who is 18 years of age or older has the ability to opt out of the protections provided in Part IAD;

c.

remove offences that may only be perpetrated against children from the list of offences which apply to vulnerable adult complainants;

d.

clarify the scope of sexual experience evidence that may be adduced in proceedings under Part IAD;

e.

require that audio-only evidence should only be ordered or admitted by the court when there are extraordinary circumstances;

f.

prohibit unrepresented defendants from being able to cross examine vulnerable adult complainants; and

g.

broaden the right to an interpreter to include persons with non-physical disabilities.

h.

require that a practitioner's supporting statement, which is required for a child to consent to self-identifying information being published, contains details on the nature and duration of the professional relationship between the practitioner and the vulnerable person.

Human rights implications

1. This Statement of Compatibility with Human Rights considers how the amendments engage human rights. It is to be read in conjunction with the Statement of Compatibility with Human Rights introduced to Parliament on 7 February 2024, which outlines how the measures contained in the Bill engage relevant human rights.

2. The amendments may engage, directly or indirectly, with the following human rights:

•

the right to privacy, and right to protection against unlawful attacks on reputation, contained in article 17 of the International Covenant on Civil and Political Rights (ICCPR) and article 16 of the Convention on the Rights of the Child (CRC);

•

the right to freedom for women against any form of discrimination contained in article 2 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW);

•

the rights of the child contained in article 3 of the CRC;

•

the right to a fair hearing contained in article 14(1) of the ICCPR;

•

the right to criminal process contained in article 14(2)-(7) of the ICCPR; and

•

the right to equality and non-discrimination contained in article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) and article 16 of the ICCPR.

The right to privacy and right to protection against unlawful attacks on reputation

3. Article 17 of the ICCPR prohibits unlawful or arbitrary interferences with a person's privacy, family, home and correspondence. It also prohibits unlawful attacks on a person's reputation.

Broadening the scope for admission of sexual experience evidence

4. The amendments to sections 15YC and 15YCB clarify the scope of sexual experience evidence of a vulnerable child witness or complainant, or vulnerable adult complainant, that may be admitted in proceedings under Part IAD of the Act.

5. In particular, the amendments specify that evidence of sexual experience cannot be admitted unless the court grants leave. The amendments provide that the court must not grant leave unless satisfied that the evidence is both substantially relevant to the facts in issue and has substantial probative value, and that the evidence is of sexual activity that is either alleged to form part of a connected set of circumstances in which the alleged offence was committed, or with a defendant in the proceeding relates to sexual activity that occurred or was recent at the time of the commission of the alleged offence.

6. These amendments are compatible with the right to privacy and protection against unlawful attacks on reputation as there remains a presumption against the admissibility of sexual experience evidence unless there are specific, prevailing reasons that persuade the Court to grant leave.

Consent of children who seek to publish identifying information

7. The amendment to subsection 15YR(2B) adds an additional requirement to the supporting statement produced by a practitioner, which accompanies the consent of child seeking to publish self-identifying information. The statement will be required to include details on the nature and duration of the professional relationship between the practitioner and the vulnerable person.

8. This amendment requires the disclosure of information about the relationship between practitioner and child. The practitioner has discretion as to the level of detail provided and will not be compelled to provide information that undermines their right, or the child's right, to privacy. It balances the need for the practitioner's statement to transparently identify the nature of the professional relationship with the child to ensure the child's consent is informed, without prescribing that the practitioner provide specific details that will infringe upon their, or the child's, right to privacy.

The right to freedom for women against any form of discrimination

9. Article 2 of the CEDAW protects the right of women against discrimination in all its forms.

10. The amendments have a positive impact on the right set out in article 2 of the CEDAW by clarifying and enhancing the protections available to women engaging with the criminal justice system.

11. Although the amendments apply to all persons regardless of their sex or gender, the Commonwealth offences to which the protections apply include those for which women are more likely to be the victim. These include offences of sexual servitude, intimate image abuse and female genital mutilation.

12. The protections include: prohibiting unrepresented defendants from directly cross-examining vulnerable adults in proceedings to which Part IAD applies; ensuring appropriate safeguards are in place for child victims to speak about their experiences publicly, should they wish to do so, further empowering victims and survivors of sexual violence to tell their stories; and, broadening the right to an interpreter in criminal proceedings to which Part IAD applies to include persons with non-physical disabilities.

The rights of the child

13. Article 3 of the CRC requires countries to apply the principle of best interests of the child. The principle applies to all actions concerning children and requires active measures to protect their rights and promote their survival, growth, and wellbeing.

Consent of children who seek to publish identifying information

14. The amendment to subsection 15YR(2B) requires that practitioners, publishers and the court consider the circumstances and context of the child's informed consent to publish self-identifying information.

15. This additional requirement supports the principle of the best interests of the child by further safeguarding children. The amendment will encourage practitioners who prepare supporting statements to consider whether, given the nature and length of the relationship with the child, they are an appropriate person to provide the supporting statement. It will also require publishers to turn their minds to whether the practitioner's therapeutic relationship with the child equips them to make an assessment on the child's ability to provide consent to publishing self-identifying information.

16. This amendment enhances protections for vulnerable child complainants and witnesses whilst ensuring that a child is still empowered to tell their story should they wish to do so.

The right to a fair hearing and criminal process

17. Article 14 of the ICCPR provides for the presumption of innocence and sets out minimum guarantees in criminal proceedings, including, at paragraph 3(e), that a person charged with a criminal offence shall have the right to examine, or have examined, the witnesses against him or her, and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her.

Audio-only evidence is permitted in exceptional circumstances

18. The amendment to subsection 15YDD(1) of the Bill provides that all evidence in an evidence recorded hearing must be recorded. These recordings must be a video recording unless the court is satisfied that extraordinary circumstances require the use of audio-only recording. The Parliamentary amendments to section 15YM will also add a new subsection to clarify that an audio-only recording of an earlier interview that is being used as evidence-in-chief in a proceeding under Part IAD may only be admitted where the court is satisfied that extraordinary circumstances require the admission of the audio-only recording.

19. The amendments confirm that audio-visual evidence is the preferred form of recorded evidence whilst ensuring the court has the discretion to admit audio-only recordings in extraordinary circumstances. What constitutes an extraordinary circumstance is for the court to determine but may include, for example, that the vulnerable person's trauma relates specifically to being recorded by video.

20. The existing safeguards in the Bill ensure procedural fairness for the defendant, including that defendants must be able to see and/or hear the vulnerable person giving evidence in an evidence recording hearing (section 15YDC) and that defendants must be given reasonable access to the original recording in order to be able to view or listen to it (s 15YDF). Through these safeguards, any impact on the defendant is appropriately mitigated.

Prohibition of unrepresented defendants cross-examining vulnerable adult complainants

21. Restrictions placed on the ability of the accused to call and examine witnesses must be the same as those placed on witnesses against them. As a fundamental rule, in calling and examining witnesses, criminal courts must not violate the principles of fairness and equality of parties.

22. The Parliamentary amendments will introduce new section 15YFA to the Act, which will prohibit unrepresented defendants from directly cross-examining vulnerable adult complainants, mirroring existing protections for vulnerable children in section 15YF of the Act.

23. This restriction is mitigated by a guarantee that the defendant will be appointed a person to cross-examine the vulnerable adult complainant on their behalf. Except as specified, the amendment will not affect the general power of a court to control the conduct of a proceeding, including the power of the court to control the questioning of witnesses. Moreover, the amendment will not limit the ability of the defendant's representative to test evidence put before the court by way of cross-examination.

The rights of persons with disability

24. Article 16 of the ICCPR provides that everyone should have the right to recognition as a person before the law. Article 12(4) of the CRPD provides that all measures that relate to the exercise of legal capacity of persons with disability should provide for appropriate and effective safeguards to prevent abuse.

Right to an interpreter for persons with non-physical disabilities

25. The amendment to section 15YOA of the Bill extends the right to an interpreter to people with non-physical disabilities. This ensures a consistent and equal approach for victims and survivors who have disabilities, and ensures that victims and survivors have the ability to understand, and be understood, in the course of proceedings.

Conclusion

26. The amendments are compatible with Australia's human rights obligations because they promote rights, and to the extent that they may limit human rights, those limitations are reasonable, necessary and proportionate.

NOTES ON AMENDMENTS

Amendment 1: Items 1 and 2

1. This amendment expands the list of offences to which the special rules apply to include the offence of genocide.

2. Item 1 inserts a new subparagraph (ia) into paragraph of 15Y(1)(ba) the Crimes Act 1914 (the Act). This amendment expands the application of special rules for children involved in proceedings to include the offence of genocide against Division 268 of the Criminal Code 1995 (Criminal Code).

3. Item 2 inserts a new subparagraph (ia) into paragraph 15Y(2)(ab) of the Act. This amendment expands the application of special rules for adult complainants to include the offence of genocide against Division 268 of the Criminal Code.

4. These amendments are consistent with the Bill's introduction of the other offences against Division 268 of the Criminal Code. Offences against Division 268 are offences of the most serious kind with significant and long-lasting impacts on victims and survivors. Proceedings for these offences must attract the protections in Part IAD to ensure vulnerable persons are supported to give their best evidence and minimise re-traumatisation when engaging with the criminal justice system.

Amendment 2: Items 3 and 4

5. This amendment limits the list of offences to which vulnerable adult protections apply to offences involving adults only.

6. Items 3 and 4 will amend subsection 15Y(2) of the Act as amended by item 6 of the Bill to remove all child-specific offences from the list of offences to which Part IAD applies.

7. Examples of the of the types of offences being removed by this amendment include child sex offences against Division 272 of the Criminal Code and child abuse material offences against Division 273 of the Criminal Code.

8. These amendments implement recommendation 3 of the Senate Legal and Constitutional Affairs Legislation Committee (the Committee) by clarifying the interaction of, and different protections available to, vulnerable child complainants and adult complainants.

Amendment 3: Items 5 to 7

9. This amendment modifies the definitions of child complainant and child witness in section 15YA of the Act as amended by the Bill to provide that a person who is 18 or over has the ability to 'opt out' of the protections available to them under Part IAD of the Act.

10. Item 5 omits the definition of child complainant introduced by item 10 of the Bill and substitutes it with a consequential reference to new section 15YAC introduced by item 7.

11. Item 6 omits the definition of child witness introduced by item 11 of the Bill and substitutes it with a consequential reference to new section 15YAD introduced by item 7.

12. Item 7 introduces new section 15YAC, which contains a new definition of child complainant in relation to a child proceeding under the Act. A child complainant is defined as a child who is, or is alleged to be, a victim of an offence referred to in sub-subsection 15Y(1) of the Act, whether or not the child is involved in the proceeding or was involved in the initiation of the proceeding. It also includes a person who was a child at the time the offence was alleged to have been committed. The definition provides that a person who is 18 or over is not a child complainant if they inform the court they do not wish to be treated as such.

13. Item 7 also introduces new section 15YAD, which contains a new definition of child witness in relation to a child proceeding under the Act. A child witness is defined as a child (including a child complainant) who is a witness in the proceeding and includes a witness who was a child at the time the offence concerned was alleged to have been omitted. The definition provides that a person who is 18 or over is not a child witness if they inform the court they do not wish to be treated as such.

14. This amendment is consistent with the approach taken for vulnerable adult complainants in subsection 15YAA(2) of the Act, who can decide whether they wish to be treated as a vulnerable person in the relevant proceeding.

15. These items also implement recommendation 3 of the Committee's report by clarifying the interaction of, and different protections available to, vulnerable child complainants and adult complainants.

Amendment 4: Items 8 to 16

16. This amendment clarifies the scope of sexual experience evidence that may be admitted to proceedings under Part IAD of the Act for both vulnerable children and vulnerable adults.

17. Item 8 omits items 23 and 24 in the Bill, replacing them with new items.

18. The new item 23 amends the chapeau in subsection 15YC(1) of the Act by removing the word "unless" and substituting this with "unless the court gives leave." The new item 24 makes a consequential amendment to remove paragraphs 15YC(1)(a) and (b) of the Act, to reflect the new chapeau in subsection 15YC(1).

19. Item 9 amends the Bill by inserting items 24A to 24E after item 24.

20. New item 24A omits "or" and substitutes it with "and" at the end of paragraph 15YC(2)(a). This amendment will require that the court not grant leave unless it is satisfied that both paragraphs (2)(a) and (b) apply.

21. New item 24B omits "if the evidence relates to the credibility of a child witness and is to be adduced in cross examination of the child-" from the beginning of paragraph 15YC(2)(b). This amendment requires that the court not grant leave to admit evidence of sexual experience of any kind, whether concerned with credibility of the child witness or otherwise, unless the court is satisfied that the evidence has substantial probative value.

22. New item 24C inserts new paragraph (c) after paragraph 15YC(2)(b). This new paragraph provides two alternative subparagraphs, which detail circumstances that the court must be satisfied of if it is to grant leave to admit sexual experience evidence. The court is only required to be satisfied of one of these subparagraphs to grant leave to admit the evidence of sexual experience.

23. New subparagraph 15YC(2)(c)(i) requires that the evidence of sexual activity is alleged to form part of a connected set of circumstances in which the alleged offence was committed. This is intended to include evidence of the vulnerable child's sexual activities with a person other than the defendant where that evidence goes some way to proving the commission of the offence. For example, in a proceeding for an offence against Division 273 of the Criminal Code (offences involving child abuse material outside Australia), evidence of sexual activities with a person other than the defendant may be admitted if that evidence proves the existence of a fact relevant to establishing that the offending occurred. Evidence may also be admitted by the defence where the evidence suggests that the person who engaged in the sexual activities with the vulnerable person (where the sexual activities were related to the Commission of the offence) was a person other than the defendant - that is, in circumstances of alleged mistaken identity.

24. New subparagraph 15YC(2)(c)(ii) requires that, if the sexual experience evidence is of sexual activities with the defendant, that the evidence relates to sexual activity that was recent at the time of the commission of the offence.

25. New item 24D is a consequential amendment to aid readability and provide guidance to the reader of the sequencing of decisions to be made when determining whether evidence may be admitted. It will amend subsection 15YC(3) of the Bill to omit "The" and substitute it with "For the purposes of paragraph (2)(a)".

26. New item 24E is also a consequential amendment to aid readability and provide guidance to the reader of the sequencing of decisions to be made when determining whether evidence may be admitted. It will amend subsection 15YC(4) to add "for the purposes of paragraph (2)(b)" after "value".

27. The amendments in items 8 and 9 streamline the sexual experience provisions to aid readability and provide clearer guidance to the courts and practitioners on the sequencing of considerations in determining whether evidence of sexual experience of a vulnerable child may be admitted. They also ensure that evidence relevant to the proceedings - including facts that may prove the commission of the alleged offence - can be adduced, whilst maintaining the existing safeguards in the Bill that restrict the circumstances in which the court may admit evidence of sexual activity of the vulnerable child.

28. The amendments in items 10 to 16, described below, mirror the amendments in items 8 and 9 for section 15YCB of the Bill as it relates to vulnerable adults. This ensures a consistent and streamline approach to sexual experience evidence for vulnerable persons. The reasoning for including these provisions reflects the reasoning for the amendments to section 15YC described in paragraphs 16-27 above.

29. Item 10 amends the chapeau in subsection 15YCB(1) of the Bill by removing the word "unless" and substituting this with "unless the court gives leave."

30. Item 11 makes a consequential amendment to remove paragraphs 15YCB(1)(a), (b) and (c) of the Bill, to reflect the new chapeau in subsection 15YCB(1).

31. Item 12 omits "or" and substitutes it with "and" at the end of paragraph 15YCB(2)(a). This amendment will require that the court not grant leave unless it is satisfied that both paragraphs (2)(a) and (b) apply.

32. Item 13 omits "if the evidence relates to the credibility of the vulnerable adult complainant and is to be adduced in cross examination of the complainant-" from the beginning of paragraph 15YCB(2)(b). This amendment reflects that the court should not grant leave to admit evidence of sexual experience of any kind, whether concerned with credibility of the child witness or otherwise, unless the court is satisfied that the evidence has substantial probative value.

33. Item 14 inserts new paragraph (c) after paragraph 15YCB(2)(b). This new paragraph provides two alternative subparagraphs, which detail circumstances that the court must be satisfied of if it is to grant leave to admit sexual experience evidence. The court is only required to be satisfied of one of these subparagraphs to grant leave to admit the evidence of sexual experience.

34. New subparagraph (i) requires that the evidence of sexual activity is alleged to form part of a connected set of circumstances in which the alleged offence was committed. This is intended to include evidence of the vulnerable adult's sexual activities with a person other than the defendant where that evidence goes some way to proving the commission of the offence.

35. New subparagraph (ii) requires that, if the sexual experience evidence is of sexual activities with the defendant, that the evidence relates to sexual activity that was recent at the time of the commission of the offence.

36. Item 15 is a consequential amendment to aid readability and provide guidance to the reader of the sequencing of decisions to be made when determining whether evidence may be admitted. It will amend subsection 15YCB(3) of the Bill to omit "The" and substitute it with "For the purposes of paragraph (2)(a)".

37. Item 16 is a consequential amendment to aid readability and provide guidance to the reader of the sequencing of decisions to be made when determining whether evidence may be admitted. It will amend subsection 15YCB(4) to add "for the purposes of paragraph (2)(b)" after "value".

Amendment 5: Items 17 and 19

38. This amendment provides that audio-only evidence may only be admitted to a proceeding under Part IAD of the Act if the court is satisfied that extraordinary circumstances require the use of audio-only recordings.

39. Item 17 relates to recording evidence given in 'evidence recording hearings' in accordance with Division 2A of the Act. Item 17 will omit subsection 15YDD(1) as introduced by item 27 of the Bill and substitute it with new subsections 15YDD(1) and (1A).

40. New subsection 15YDD(1) will require that a recording must be made of the evidence given at an evidence recording hearing. Consistent with the intention of the Bill, this amendment ensures that evidence given at an evidence recording hearing can be used in subsequent proceedings to attempt to reduce the instances in which a vulnerable person has to recount potentially traumatic details related to the alleged offending.

41. New subsection 15YDD(1A) will provide that the recording must be a video recording unless the court is satisfied that extraordinary circumstances require the use of audio recording only. Extraordinary circumstances may include circumstances where the use of video recording poses an unacceptable risk of retraumatising the victim - for example, this may arise where the alleged offending or related conduct involved recording the victim by video. Extraordinary circumstances may also include circumstances where the court is not equipped to record the evidence by video but determines that it is in the public interest to record this evidence by way of audio-only - for example, where the evidence is relevant to subsequent proceedings and the vulnerable person is unable to provide that evidence in-person in those proceedings.

42. Item 19 will insert new subsection 15YM(2) to provide that pre-recorded evidence must be a video recording (which includes audio) unless the court is satisfied that extraordinary circumstances require the use of audio recording only. Pre-recorded evidence may include interviews with police prior to the commencement of proceedings. Consistent with the intention of the Bill, this amendment ensures that pre-recorded evidence can be admitted to proceedings as evidence-in-chief to reduce the instances in which a vulnerable person has to recount potentially traumatic details related to the alleged offending.

43. Extraordinary circumstances for the purposes of new subsection 15YM(2) are similar to those described in item 17. They may include circumstances where the particular trauma of the vulnerable person prevented the video recording of evidence at the time of police interview. They may also include circumstances where policing authorities were unable to record the evidence by video but the court determines it is in the public interest to admit the audio-only evidence - for example, where there is no other available evidence on the fact in issue in the proceeding to which the evidence allegedly relates.

Amendment 6: Item 18

44. This amendment prohibits self-represented defendants from directly cross-examining vulnerable adult complainants and requires the court to appoint a person to ask the vulnerable adult questions on behalf of the defendant.

45. Item 18 introduces section 15FYA. New subsection 15FYA(1) provides that a defendant in a vulnerable adult proceeding is not to cross-examine a vulnerable adult complainant. A note is contained in the amendments to clarify that section 15YHA of the Act also provides that a person is not to cross-examine certain persons at committal proceedings or proceedings of a similar kind.

46. New subsection 15FYA(2) provides that the court must appoint a person to ask the vulnerable adult complainant any questions that the defendant requests them to ask. The court should appoint an appropriate person to ask the questions, such as a lawyer or officer of the court. The court should not appoint a person who would prevent the vulnerable adult complainant from giving their best evidence, such as a person known personally to the vulnerable adult.

47. Item 18 also makes a consequential amendment to repeal paragraph 15YG(1A)(b) of the Act, which prevents cross-examination of vulnerable adult complainants by unrepresented defendants unless the court grants leave. This provision is no longer applicable as new subsection 15FYA(1) will ban cross-examination by unrepresented defendants in all circumstances.

48. These amendments will mirror the prohibition against defendants cross-examining child witnesses in section 15YF of the Act. They will support vulnerable adult complainants to give their best evidence whilst minimising the risk of re-traumatisation due to engagement with the defendant.

Amendment 7: Item 20

49. This amendment will broaden the right to an interpreter to include vulnerable persons with non-physical disabilities.

50. Item 20 removes the word "physical" in subsection 15YOA(1) introduced by item 50 of the Bill.

51. Amended subsection 15YOA(1) will require the court to arrange an interpreter for a proceeding involving a vulnerable person (as defined in section 15YOA(2) of the Bill), to assist the vulnerable person to understand and participate in the proceeding if the court is satisfied of relevant matters. Those matters are set out in subsection 15YOA(1) and include if the court is satisfied that the person in question has inadequate knowledge of the English language, or a disability that would prevent them from exercising reasonable fluency in the English language.

52. The term disability in subsection 15YOA(1) is undefined, however the amendment is intended to reflect that disability is not confined to physical disabilities and may include intellectual disabilities or cognitive impairments where the use of an interpreter will assist the vulnerable person's engagement in the proceedings.

53. This amendment implements recommendation 2 of the Committee's report by broadening the provision to include persons with intellectual disability or other communication difficulties who may require an interpreter.

Amendment 8: Item 21

54. This amendment adds a new requirement to the supporting statement that may be provided by a practitioner, which must accompany the consent of a child seeking to publish self-identifying information.

55. Item 21 will omit paragraph 15YR(2B)(c) of the Bill and substitutes it with a new paragraph (c), which provides the additional details that must be included in the practitioner's supporting statement.

56. New subparagraph 15YR(2B)(c)(i) restates the existing requirement in paragraph 15YR(2B)(c) of the Bill that the supporting statement must include the name, qualification and business address of the practitioner. This has been reincluded from the Bill, but is in a different format to support the additional requirements.

57. New subparagraph 15YR(2B)(c)(ii) introduces an additional requirement that the supporting statement include the nature and duration of the professional relationship between the practitioner and the vulnerable person. The 'nature' of the professional relationship is intended to be read broadly. The intention of including this requirement is to encourage best practice by practitioners. This requirement does this by acting as a prompt for practitioners to give active consideration to their interactions with the vulnerable child, and whether those interactions are sufficient for the practitioner to feel confident of the substantive matters being addressed in the supporting statement. The nature of the relationship between the practitioner and the child is not a threshold requirement for whether the statement is valid, but addressing that factor in the statement is a form requirement for the statement to be valid. This equally applies for the other inclusions in the statement addressed in paragraph 15YR(2B)(c).

58. This amendment is intended to ensure that, where a child is giving consent to the publication of self-identifying information under section 15YR, there are appropriate safeguards to ensure that the child understands the impacts and consequences of providing their consent to publish identifying information.