1 00:00:00,600 --> 00:00:02,719 Speaker 1: Okay, so Zara, I'm reading this book at the moment 2 00:00:02,759 --> 00:00:05,800 Speaker 1: called Stolen Focus, and one shocking how long you've been 3 00:00:05,840 --> 00:00:08,320 Speaker 1: reading this book for? Well, that's probably the point of 4 00:00:08,360 --> 00:00:10,440 Speaker 1: the whole book, is that none of us can achieve 5 00:00:10,480 --> 00:00:13,800 Speaker 1: anything because we're all so distracted all the time. And 6 00:00:13,840 --> 00:00:16,120 Speaker 1: one of the things the book said was that we 7 00:00:16,200 --> 00:00:18,279 Speaker 1: find it really hard to do one thing on one 8 00:00:18,320 --> 00:00:21,440 Speaker 1: screen at one time. So when I'm listening to a podcast, 9 00:00:21,480 --> 00:00:24,239 Speaker 1: I normally put it on loudspeaker on my phone while 10 00:00:24,239 --> 00:00:26,640 Speaker 1: I'm doing something else at home. I then read a 11 00:00:26,680 --> 00:00:29,360 Speaker 1: quote that said that you only really know yourself if 12 00:00:29,360 --> 00:00:31,400 Speaker 1: you sit by yourself for thirty minutes in a room 13 00:00:31,840 --> 00:00:34,720 Speaker 1: something you've been thinking about. Yes, I've been thinking about 14 00:00:34,720 --> 00:00:38,360 Speaker 1: a long time, because we are doing a disturbance to 15 00:00:38,560 --> 00:00:41,479 Speaker 1: much self. We are doing way too much. But we 16 00:00:41,520 --> 00:00:43,279 Speaker 1: do have a massive favor to ask you. 17 00:00:43,560 --> 00:00:46,840 Speaker 2: We know that you can multitask, so pretty please, while 18 00:00:46,840 --> 00:00:49,800 Speaker 2: you listen to this episode, could you do the following 19 00:00:50,080 --> 00:00:51,919 Speaker 2: In the show notes is a link and. 20 00:00:51,920 --> 00:00:54,120 Speaker 1: If you click on the link, you could win one 21 00:00:54,160 --> 00:00:55,600 Speaker 1: hundred million dollars. 22 00:00:55,760 --> 00:00:57,840 Speaker 2: I mean, that's a lie, but it will take you 23 00:00:57,880 --> 00:01:00,240 Speaker 2: to a pole, and that pole will help us make 24 00:01:00,280 --> 00:01:01,200 Speaker 2: the podcast better. 25 00:01:01,320 --> 00:01:03,000 Speaker 1: We can't give away one hundred million dollars, but we 26 00:01:03,040 --> 00:01:06,640 Speaker 1: can give away some TDA hoodies. It's literally four questions. 27 00:01:06,680 --> 00:01:08,640 Speaker 1: You'll be done by the time we get through the headlines, 28 00:01:08,640 --> 00:01:09,720 Speaker 1: which we're about to read you. 29 00:01:14,360 --> 00:01:17,040 Speaker 2: Good morning and welcome to the Daily OS. It's Monday, 30 00:01:17,080 --> 00:01:20,920 Speaker 2: the eighth of August. Affirmative consent and stealthy laws have 31 00:01:20,959 --> 00:01:24,240 Speaker 2: been introduced into the Victorian Parliament in the past week. 32 00:01:24,560 --> 00:01:27,560 Speaker 2: This is part of a broader reform on stronger protections 33 00:01:27,600 --> 00:01:30,640 Speaker 2: against sexual violence that we've seen across the country over 34 00:01:30,680 --> 00:01:33,040 Speaker 2: the last couple of years. We're going to tell you 35 00:01:33,160 --> 00:01:36,119 Speaker 2: what's new and everything else you need to know very soon. 36 00:01:36,400 --> 00:01:39,080 Speaker 1: But first, Zara, what's making headlines this morning? 37 00:01:41,319 --> 00:01:45,200 Speaker 2: Australia's Foreign Minister Penny Wong, along with her Japanese counterpart 38 00:01:45,280 --> 00:01:48,320 Speaker 2: and the US Secretary of State, issued a joint statement 39 00:01:48,480 --> 00:01:52,400 Speaker 2: expressing concern at China's large scale military exercises in the 40 00:01:52,440 --> 00:01:56,920 Speaker 2: Taiwan Strait. The joint statement condemned China's use of ballistic missiles, 41 00:01:56,960 --> 00:02:00,559 Speaker 2: which they said were quote raising tension and destabilizing the region. 42 00:02:02,880 --> 00:02:05,240 Speaker 1: A little bit of domestic news for you now, and 43 00:02:05,360 --> 00:02:08,680 Speaker 1: the Albanezi government will advocate for a quote significant and 44 00:02:08,800 --> 00:02:11,880 Speaker 1: meaningful pay rise for workers in the aged care industry. 45 00:02:11,919 --> 00:02:13,800 Speaker 1: We're going to hear a lot about it this week. 46 00:02:14,120 --> 00:02:17,120 Speaker 1: The announcement by agecre Minister Annika Wells comes ahead of 47 00:02:17,160 --> 00:02:19,520 Speaker 1: a government submission to the Fair Work Commission, which is 48 00:02:19,600 --> 00:02:23,000 Speaker 1: considering union's calls for a twenty five percent pay rise. 49 00:02:25,360 --> 00:02:28,320 Speaker 2: There have been two confirmed cases of Meninja cockle disease 50 00:02:28,440 --> 00:02:31,080 Speaker 2: in people who attended Splendor in the Grass last month. 51 00:02:31,400 --> 00:02:33,919 Speaker 2: This sadly included a man in his forties who died 52 00:02:34,040 --> 00:02:36,760 Speaker 2: with the disease. New South Wales Health has said that 53 00:02:36,760 --> 00:02:39,560 Speaker 2: the disease is uncommon but that it can obviously be 54 00:02:39,840 --> 00:02:42,600 Speaker 2: very severe and we, along with the rest of the 55 00:02:42,639 --> 00:02:45,040 Speaker 2: attendees of Splendor, have been told to be alert for 56 00:02:45,120 --> 00:02:47,600 Speaker 2: symptoms and to act immediately if they appear. 57 00:02:49,919 --> 00:02:51,840 Speaker 1: And in some good news to kick off your week, 58 00:02:51,919 --> 00:02:54,679 Speaker 1: Baker Boy and King Stingray were big winners at the 59 00:02:54,760 --> 00:02:58,200 Speaker 1: National Indigenous Music Awards over the weekend. King Stingray took 60 00:02:58,240 --> 00:03:00,520 Speaker 1: out Song of the Year, while Baker Boy one all 61 00:03:00,600 --> 00:03:03,079 Speaker 1: Round Artist of the Year and Album of the Year. 62 00:03:03,120 --> 00:03:07,079 Speaker 1: For Gella. There were lots of tributes to artist Archie Roach, 63 00:03:07,160 --> 00:03:09,760 Speaker 1: who passed away last week. A group of First Nations 64 00:03:09,840 --> 00:03:12,959 Speaker 1: artists sang Roach's song We Won't Cry to a quite 65 00:03:13,040 --> 00:03:21,800 Speaker 1: emotional audience. We're talking about consent legislation today and that 66 00:03:21,880 --> 00:03:25,200 Speaker 1: goes hand in hand with talking about sexual violence. It 67 00:03:25,280 --> 00:03:27,240 Speaker 1: might be that you're not in the right place or 68 00:03:27,280 --> 00:03:29,520 Speaker 1: the right frame of mind to engage with this today, 69 00:03:29,560 --> 00:03:32,920 Speaker 1: and that's totally okay. Go find another TDA episode that 70 00:03:32,919 --> 00:03:35,320 Speaker 1: you've missed, or come back again tomorrow. 71 00:03:35,160 --> 00:03:37,680 Speaker 2: If you're sticking with us today. We're talking about this 72 00:03:37,800 --> 00:03:41,920 Speaker 2: specific issue because the Victorian government last week introduced new 73 00:03:42,000 --> 00:03:46,520 Speaker 2: legislation and it's aimed at providing stronger protections against sexual violence. 74 00:03:47,200 --> 00:03:50,760 Speaker 2: The bill proposes adopting an affirmative consent model, something that 75 00:03:50,760 --> 00:03:54,760 Speaker 2: we've spoken about a fair bit on this podcast, criminalizing stealthy, 76 00:03:54,960 --> 00:03:58,960 Speaker 2: and also introducing stronger laws to target image based sexual abuse, 77 00:03:59,040 --> 00:04:00,800 Speaker 2: which includes fake porn. 78 00:04:01,320 --> 00:04:03,600 Speaker 1: There are multiple parts to this legislation and it might 79 00:04:03,640 --> 00:04:06,200 Speaker 1: be helpful to break it down. Why don't we start 80 00:04:06,240 --> 00:04:06,800 Speaker 1: with stealthy. 81 00:04:07,120 --> 00:04:10,440 Speaker 2: Stealthing is the removal of a condom during sex without 82 00:04:10,480 --> 00:04:15,000 Speaker 2: a partner's consent, and it's fairly widespread. Amonash University study 83 00:04:15,040 --> 00:04:17,280 Speaker 2: in twenty eighteen found that one in three women and 84 00:04:17,440 --> 00:04:20,039 Speaker 2: one in five men who had sex with men had 85 00:04:20,040 --> 00:04:22,919 Speaker 2: been stealthed. It also found that it can cause both 86 00:04:22,960 --> 00:04:28,080 Speaker 2: psychological and physical harm, from unplanned pregnancies to anxiety or depression. 87 00:04:28,160 --> 00:04:30,680 Speaker 2: And that's just a few things. So the push for 88 00:04:30,760 --> 00:04:34,240 Speaker 2: this legislation has really been about acknowledging the experience of 89 00:04:34,320 --> 00:04:37,240 Speaker 2: survivors and saying that you have been wronged and there 90 00:04:37,320 --> 00:04:39,720 Speaker 2: is a legal avenue to explore if you want to. 91 00:04:40,279 --> 00:04:43,960 Speaker 1: So that was one really key element of the new legislation. 92 00:04:44,040 --> 00:04:46,760 Speaker 1: Another key element is the introduction of strategies to tackle 93 00:04:46,839 --> 00:04:48,640 Speaker 1: image based abuse. Let's talk through that. 94 00:04:49,080 --> 00:04:52,440 Speaker 2: This bill aims to introduce tougher laws against sexual abuse 95 00:04:52,480 --> 00:04:56,000 Speaker 2: relating to images and videos, and that includes things like 96 00:04:56,040 --> 00:04:59,960 Speaker 2: the capturing and distributing or threatening to distribute intimate picture 97 00:05:00,240 --> 00:05:03,320 Speaker 2: of someone without their consent. So this could be something 98 00:05:03,400 --> 00:05:06,359 Speaker 2: like deep fake porn, which is when someone's face is 99 00:05:06,400 --> 00:05:08,360 Speaker 2: superimposed onto sexual images. 100 00:05:08,600 --> 00:05:12,039 Speaker 1: So we've got stealthy being criminalized, We've got tougher laws 101 00:05:12,080 --> 00:05:15,320 Speaker 1: against sexual abuse through images and videos. Then the third 102 00:05:15,400 --> 00:05:18,159 Speaker 1: key element of this legislation is affirmative consent. 103 00:05:18,520 --> 00:05:22,400 Speaker 2: Yes, so this Victorian bill aims to enshrine an affirmative 104 00:05:22,440 --> 00:05:25,560 Speaker 2: consent model into law, and what that boils down to 105 00:05:25,760 --> 00:05:29,080 Speaker 2: is that consent must be actively sought and communicated through 106 00:05:29,120 --> 00:05:30,320 Speaker 2: words or actions. 107 00:05:30,600 --> 00:05:32,800 Speaker 1: Someone we've talked about a lot on this podcast over 108 00:05:32,839 --> 00:05:35,440 Speaker 1: the last twelve months or so is Chanelle Contos. Now. 109 00:05:35,480 --> 00:05:38,640 Speaker 1: She was the instigator of the viral petition you might remember, 110 00:05:38,640 --> 00:05:42,919 Speaker 1: which started that national conversation about sexual violence in Australian schools. 111 00:05:43,520 --> 00:05:46,680 Speaker 1: In the eighteen months since, she's become a hugely influential 112 00:05:46,720 --> 00:05:48,920 Speaker 1: person in this space. Here's what she had to say 113 00:05:48,920 --> 00:05:50,760 Speaker 1: about the new legislation in Victoria. 114 00:05:51,240 --> 00:05:53,880 Speaker 3: It's very promising that Australia is going in the right 115 00:05:53,880 --> 00:05:58,200 Speaker 3: direction when we're seeing substrustic changes in legislation that are 116 00:05:58,240 --> 00:06:02,520 Speaker 3: including things like affirmative consent, stealthing and image based abuse. 117 00:06:02,720 --> 00:06:05,440 Speaker 3: You know when these words were not in the public 118 00:06:05,480 --> 00:06:09,480 Speaker 3: discourse only a few years ago. It's stractically important to 119 00:06:09,480 --> 00:06:13,159 Speaker 3: have this legislation in place to help survivors and victims 120 00:06:13,160 --> 00:06:17,240 Speaker 3: of these crimes in the courtroom. But ultimately, what this 121 00:06:17,800 --> 00:06:21,960 Speaker 3: legislation can do better than anything is prevent because there's 122 00:06:22,000 --> 00:06:24,839 Speaker 3: still so many faults in our criminal justice system. Here 123 00:06:24,920 --> 00:06:27,440 Speaker 3: we see the law being used as a way to 124 00:06:27,560 --> 00:06:30,480 Speaker 3: set societal standards and what is acceptable and what is 125 00:06:30,520 --> 00:06:35,680 Speaker 3: not acceptable, and doing things like changing the default model 126 00:06:35,720 --> 00:06:39,360 Speaker 3: of consent to an affirmative model, and you know, equipping 127 00:06:39,360 --> 00:06:42,120 Speaker 3: people with language such as stealthing and such as image 128 00:06:42,120 --> 00:06:46,640 Speaker 3: based abuse will change behaviors of people around Australia. 129 00:06:47,279 --> 00:06:49,600 Speaker 1: So we've got a pretty good understanding of these latest 130 00:06:49,680 --> 00:06:52,200 Speaker 1: laws in Victoria and we can kind of fit it 131 00:06:52,240 --> 00:06:55,560 Speaker 1: into the puzzle of the wider national conversation. Give me 132 00:06:55,600 --> 00:06:58,160 Speaker 1: a quick sense of where other states and territories are 133 00:06:58,200 --> 00:06:59,080 Speaker 1: at in this space. 134 00:06:59,360 --> 00:07:02,800 Speaker 2: So there's not necessarily a precedent for dealing with all 135 00:07:02,839 --> 00:07:06,000 Speaker 2: of these issues with one piece of legislation. Victoria is 136 00:07:06,040 --> 00:07:08,719 Speaker 2: the first jurisdiction to have a single piece of legislation 137 00:07:08,760 --> 00:07:12,520 Speaker 2: that looks at stealthy affirmative consent and image based abuse, 138 00:07:12,760 --> 00:07:15,960 Speaker 2: but we have seen other jurisdictions move on one. 139 00:07:15,920 --> 00:07:17,040 Speaker 1: Or two of these issues. 140 00:07:17,080 --> 00:07:20,480 Speaker 2: So in New South Wales, new affirmative consent laws passed 141 00:07:20,560 --> 00:07:24,040 Speaker 2: in November of last year. The Act then passed similar 142 00:07:24,120 --> 00:07:27,840 Speaker 2: affirmative consent laws in May of this year, and the 143 00:07:27,880 --> 00:07:32,440 Speaker 2: Act and TAZZI have also both legislated against stealthing. 144 00:07:32,280 --> 00:07:34,160 Speaker 1: Okay, so we've got a sense that this is a 145 00:07:34,240 --> 00:07:38,080 Speaker 1: national conversation and slowly but surely states and territories are 146 00:07:38,080 --> 00:07:41,240 Speaker 1: tackling it within their own parliaments. Tell me about the 147 00:07:41,240 --> 00:07:44,080 Speaker 1: prospects of the bill actually becoming successful in Victoria. 148 00:07:44,200 --> 00:07:46,760 Speaker 2: Well, first, the bill has to pass both houses of 149 00:07:46,840 --> 00:07:49,680 Speaker 2: Victorian Parliament, like any bill does, the Lower and the 150 00:07:49,760 --> 00:07:53,560 Speaker 2: Upper House. And in Victoria, the government, the Andrews Government, 151 00:07:53,880 --> 00:07:56,640 Speaker 2: doesn't have a majority, so they need the support of 152 00:07:56,720 --> 00:07:59,600 Speaker 2: members outside the Labor Party, from the cross bench or 153 00:07:59,600 --> 00:08:02,960 Speaker 2: the opposition in order for it to pass. We spoke 154 00:08:03,000 --> 00:08:06,440 Speaker 2: to Michael O'Brien who's the Victorian Shadow Attorney General, and 155 00:08:06,640 --> 00:08:10,280 Speaker 2: he told TDA that the Coalition supports strengthening laws to 156 00:08:10,320 --> 00:08:14,320 Speaker 2: protect against family violence and sexual assault. He then went 157 00:08:14,360 --> 00:08:16,600 Speaker 2: on to say though that because the bill is still new, 158 00:08:16,800 --> 00:08:20,040 Speaker 2: the Coalition will take time to quote consult with the community, 159 00:08:20,320 --> 00:08:24,520 Speaker 2: including anti family violence advocates and sexual assault survivors. So 160 00:08:24,560 --> 00:08:26,360 Speaker 2: we know that the bill will be debated in a 161 00:08:26,400 --> 00:08:29,000 Speaker 2: fortnight's time and I do feel like we say this 162 00:08:29,080 --> 00:08:31,800 Speaker 2: every day, but there's good reason. We will be following 163 00:08:31,800 --> 00:08:33,839 Speaker 2: it on our Instagram page and will be sure to 164 00:08:33,920 --> 00:08:36,960 Speaker 2: keep you updated as it moves through this passage of Parliament. 165 00:08:38,360 --> 00:08:40,480 Speaker 1: If this episode did raise some things for you and 166 00:08:40,520 --> 00:08:43,400 Speaker 1: you need support, you can ring one eight hundred respects 167 00:08:43,440 --> 00:08:46,280 Speaker 1: on one eight hundred seven three seven seven three to two. 168 00:08:46,840 --> 00:08:49,000 Speaker 2: And before you go, there is a link in the 169 00:08:49,040 --> 00:08:52,200 Speaker 2: show notes to our podcast survey. You can use it 170 00:08:52,240 --> 00:08:54,000 Speaker 2: to tell us what you think, whether you love us, 171 00:08:54,080 --> 00:08:56,319 Speaker 2: you hate us, something in between. And if you want 172 00:08:56,320 --> 00:08:58,400 Speaker 2: the chance to win a hoodie, share your email with 173 00:08:58,480 --> 00:09:00,240 Speaker 2: us at the end and will be short to put 174 00:09:00,280 --> 00:09:00,839 Speaker 2: you in the running. 175 00:09:01,080 --> 00:09:02,720 Speaker 1: We so appreciate your support. 176 00:09:03,200 --> 00:09:12,200 Speaker 2: Have a great day, m HM.