Terms of reference
The Sexual Violence Review Board is undertaking a systemic review of the collection, disclosure and use of digital evidence in criminal sexual offence trials to understand the impact on the reporting, investigation and prosecution of sexual offences in Queensland. The review is guided by the Terms of Reference.
Scope
For the purposes of this review, digital evidence refers to any information stored or transmitted on an electronic device and may include communications (such as phone call logs, text messages, or emails), social media interactions, photos and/or videos, internet browsing history, and location data.
In undertaking this review, the Sexual Violence Review Board will consider:
- the current legislation, policy, and practice related to the collection, disclosure and use of digital evidence
- any guidance or training available for investigating officers, prosecutors and judicial officers about digital evidence collection and disclosure, and how any such guidance is being applied
- whether legislative frameworks adequately reflect the contemporary digital environment
- the impact of current legislation, policies, and practices on investigations and prosecutorial decisions
- the impact of the current legislation, policies, and practices on the experience of victims during reporting, investigation and prosecution of sexual offences
- whether current legislation, policy and practice appropriately balance the rights of victims in the context of a right to a fair trial
- any accountability mechanisms with respect to the appropriate collection, disclosure and use of digital evidence
- innovative approaches for the collection, disclosure and use of digital evidence.
In undertaking this review, the following are out of scope and will be excluded:
- work which duplicates the functions of other bodies or, to the extent possible, duplicates the work of recent reviews or inquiries
- review or assessment of the merits of specific investigative, prosecutorial, or judicial decisions with respect to individual matters involving digital evidence
- advocacy or intervention on individual matters
- consideration of non-sexual offence matters, except where it is relevant for the purposes of comparison.
Approach
In undertaking the review, the Board will identify and consult with the community and relevant stakeholders across Queensland, including (but not limited to):
- people with lived and living experience as victims of crime
- Aboriginal and Torres Strait Islander peoples and community-controlled organisations
- legal stakeholders, including the judiciary
- non-government service providers that interact with victims (e.g. sexual assault support services, domestic and family violence support services, victim support services, disability support services, community and social support services)
- relevant government agencies (e.g. Queensland Police Service, Office of the Director of Public Prosecutions, Department of Youth Justice and Victim Support)
- relevant peak bodies or organisations
- academics and research organisations.
In conducting the review, the Board will consider relevant findings from other completed or ongoing reviews or inquiries, including (but not limited to):
- the report of the Women's Safety and Justice Taskforce, Hear her voice: Report two - Women and girls' experiences across the criminal justice system, including recommendations 47 and 48
- the Australian Law Reform Commission’s inquiry into justice responses to sexual violence.
Timeframe
The Board will provide a report to the Minister for Youth Justice and Victim Support and Minister for Corrective Services by June 2027.
The Board may provide interim briefing, reporting and papers as required.