Ms Caroline Counihan:

It is probably safest to do it by way of amendments to the current legislation. My dream is to revamp the whole statutory framework for special measures entirely. A few years ago, I put together what turned into 13 pages of tables about special measures, which can be read in the appendix to my submission. Under each special measure, I listed who is entitled to it, when they are entitled to it and what conditions have to be fulfilled. It is a huge patchwork of different conditions for every special measure. A dominant theme, as the Senator will know very well, is that if someone is under 18 or has a mental disorder, as defined by the legislation only, there is practically a presumption in favour of getting many separate special measures. The point, which Ms Kenny put so well, is that the effects of the trauma of sexual violence and the difficulties of testifying do not end the day a person turns 18. People are not then magically able to go into a courtroom and explain happily to a room full of strangers what happened to them. They still need those special measure. As I said, I see survivors of sexual violence as inherently vulnerable by dint of the trauma they have suffered. This presumption is terribly important and it would do a lot to allay the fears of survivors about testifying.