Noticeboard
| Published date | 01 January 2017 |
| Date | 01 January 2017 |
| Author | Jeremy Gans |
| DOI | 10.1177/1365712716675689 |
| Subject Matter | Noticeboard |
Noticeboard
Jeremy Gans
Melbourne Law School, University of Melbourne, Australia
Law reform and source material
Surveillance—Australia
Justice and Community Safety Directorate, Review of ACT Civil Surveillance Regulation, Report,
August 2016, available at <www.justice.act.gov.au/review/view/45/title/review-of-civil-surveillance-in>
This independent review by a law academic into the regulatory framework for non-govern ment
surveillance in the Australian capital examines a rule barring the admission of evidence obtained through
the use of a listening device either unlawfully, unintentionally or for a use other than one that made the
use reasonably necessary to protect the user’s lawful interests. The review recommends giving courts a
discretion to allow the admission of evidence obtained to protect the user’s lawful interests, even if the
use was not reasonably necessary.
Child abuse evidence—Australia
Cashmore et al., The Impact of Delayed Reporting on the Prosecution and Outcomes of Child Sexual
Abuse Cases, Report for Royal Commission into Institutional Responses to Child Sexual Abuse, August
2016, available at <www.childabuseroyalcommission.gov.au/policy-and-research/our-research/pub
lished-research/the-impact-of-delayed-reporting-on-the-prosecution>
Powell et al., An Evaluation of How Evidence is Elicited from Complainants of Child Sexual Abuse,
Report for Royal Commission into Institutional Responses to Child Sexual Abuse, August 2016,
available at <www.childabuseroyalcommission.gov.au/policy-and-research/our-research/published-
research/how-evidence-is-elicited-from-complainants-of-chil>
These research reports for a national inquiry into institutional child abuse examine the impact of
delayed reporting of child sexual abuse (through a study of police and court records from two Australian
states) and how evidence is elicited from child sexual abuse complainants (through interviews with
criminal justice professionals and a representative sample of prosecution case files, trial transcripts and
appeal reports from three Australian states).
The findings of the report on delayed reporting include: that reporting trends have been consistent in
the past two decades, but are affected by publicity associated with public inquiries; and that, contrary to
expectations, overall, historical complaints are more li kely to result in prosecution, conviction and
imprisonment than complaints by children.
The findings of the report on eliciting evidence include: that alternative methods are now being used
as a matter of course with child complainants, but not adult complainants; and that continuing (but
Corresponding author:
Jeremy Gans, Melbourne Law School, University of Melbourne, 185 Pelham Street, Carlton, Melbourne, Victoria 3052, Australia.
E-mail: jeremy.gans@unimelb.edu.au
The International Journalof
Evidence & Proof
2017, Vol. 21(1-2) 177–180
ªThe Author(s) 2016
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DOI: 10.1177/1365712716675689
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