27 August 2024
The Hon. R.A. SIMMS (16:34): I rise to indicate that the Greens will be supporting this bill. Before commenting on some of the elements of the bill, I also want to extend my condolences to the family of Jason Edwards, in particular his parents, Jan and Simon. The loss of a child is a truly horrendous thing. In fact, it is an inexplicable thing. I do not think there are any words, really, that that can be used to describe the pain that a family goes through in that circumstance, but I do extend our condolences to them for their horrendous loss.
I also want to acknowledge the Hon. Connie Bonaros for amplifying the family's voice in this place. I think that is really important. Through that example, I think the honourable member has actually demonstrated the power of victim impact statements, so I thank her for doing that.
This is an important reform because what it does is give victim survivors further rights in our legal system. It provides victim impact statements, and it ensures that these are provided in most circumstances. The Greens welcome this move. The Greens believe that the criminal justice system needs to be based on the principles of restorative justice and the rights of the victims and the accused.
Many victim survivors of crime see victim impact statements as part of the serving of justice. Indeed, victim impact statements are a crucial way to ensure victims have a voice and that their suffering is given appropriate weight in our judicial process. They put a human face onto legal proceedings that are by nature objective and often procedural.
Firsthand accounts that relate to the fear, suffering and disruption to life caused by crime can help deepen empathy and understanding of the ripple effects that cannot always easily be quantified. They remind us that criminal acts do not occur in a vacuum. They leave lasting impacts on individuals, families and communities.
South Australia has been a leader in including victims in our criminal justice system. In 1985, the United Nations made a declaration about integrating victims into the process. Following that, South Australia formulated and endorsed 17 principles of victims' rights. Principle No. 14 stated that the victim shall—and I quote from that document—'be entitled to have the full effects of the crime on him or her made known to the sentencing court'. In 1989, South Australian legislation came into effect, allowing statements that concerned the impact of the crime on the victim, making it the first jurisdiction in our country to do so. The other states implemented victim impact statements over the next 10 years.
This bill includes reforms that create further rights for victims. Currently, as the Hon. Connie Bonaros has outlined, victims are too often denied the right to a victim impact statement if there is an unexpected guilty plea or if expediency is prioritised by the courts. This bill corrects that to ensure the victim has a right to provide their impact statement.
The bill also ensures that there is sufficient time to provide a statement and that it can be presented in an unedited and unaltered form. It requires that victims are fully informed about their rights to make a statement. We in the Greens consider this to be a critical step, ensuring that victims are empowered in a system that can all too often feel overwhelming and alienating.
I note that there have been amendments filed to this bill by the Hon. Connie Bonaros and the Hon. Frank Pangallo. The Greens have considered these amendments carefully and sought feedback from stakeholders. I indicate that we will not be supporting the amendments of the Hon. Frank Pangallo, but we will be supporting the amendment being advanced by the Hon. Connie Bonaros, and she has spoken a little bit about that in her remarks today.
Victim impact statements are a powerful reminder that behind every crime there are real people whose lives are thrown into turmoil through no fault of their own, and so the Greens support this bill and see it as an important part of supporting the rights of victims. It is certainly our hope that no other families will be denied the opportunity to have their statement read in court. I do hope that the fact that the law is changing will help families who confront the terrible circumstances that the Edwards family faced.