Section 1: Introduction Defamation laws and protection for sexual harassment victims in defamation proceedings Recommendation 39: The Council of Attorneys-General consider how best to protect alleged victims of sexual harassment who are witnesses in civil proceedings, including but not limited to defamation proceedings. Measures could include amending state and territory legislation governing defamation proceedings to introduce a standard direction or presumption in favour of confidentiality and suppression or non-publication of witness details in any defamation court proceeding, where the defamatory material includes allegations of sexual harassment. Consideration should also be given to additional witness safeguards and protections including: a. having the proceedings conducted in a closed courtroom b. giving evidence from a remote room c. having their evidence in chief be audio-visually recorded prior to the hearing d. having an audio-visual recording of their evidence during the hearing be re-used in any subsequent proceedings e. being protected from direct cross-examination by a self-represented party f. having a support person present while giving evidence. Judicial education and training Recommendation 40: All Australian governments should: a. Ensure that relevant bodies responsible for developing training, programs and resources for judges, magistrates and tribunal members make available education on the nature, drivers and impacts of sexual harassment. This should be trauma-informed and in line with the principles of Change the Story. b. Support and encourage judicial officers and tribunal members across civil and criminal jurisdictions who may come into contact with victims of sexual harassment to undertake this education and training. S E CTION 6: PREVENTI NG AND RESPON D IN G T O S EX U A L H ARASSME N T I N TH E WOR KP LACE Board education and training Recommendation 41: The Australian Institute of Company Directors and the Governance Institute of Australia, in consultation with the Workplace Sexual Harassment Council, develop education and training for board members and company officers on good governance in relation to gender equality and sexual harassment. 48