The NSW Government has introduced legislation to allow victim-survivors of sexual assault to submit pre-recorded evidence for some court cases.
A pilot program will also permit courts in parts of the state to set parameters for the questioning of complainants during pre-trial “ground rules” hearings.
“Victim-survivors are experiencing significant harm and trauma from going through the court process. They describe it as ‘a second rape’. It is that traumatic,” Jacinta Masters from gender equality advocacy group Fair Agenda told TDA.
NSW Attorney-General Michael Daley described the changes as “commonsense reforms”.
Background
Federally, pre-recorded evidence is only allowed for child witnesses.
Some states, including NSW and Victoria, also allow it for witnesses with cognitive impairments.
The Australian Law Reform Commission recommended giving sexual offence victim-survivors this option in 2010.
In May, Victorian Upper House MP Georgie Purcell proposed changes, including pre-recording evidence and protecting victim-survivors counselling records in sexual offence cases.
The State Government supports the proposal, but has delayed introducing it until after the November election.
NSW
On Tuesday, NSW Attorney-General Michael Daley introduced reforms to Parliament addressing three areas:
‘Ground rules’ hearings pilot
Hearings will take place before a sexual assault proceeding, to provide directions around length of questioning, topics, and support needs.
The pilot will run at Parramatta, Wollongong, and Dubbo District Courts from 2027-30.
Recorded evidence
Complainant and special witness police interviews to be used as evidence.
Evidence would only need to be retold once, even in the case of a retrial.
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Protections around private records
Limit access to complainants’ counselling records if necessary only.
Accessing these records would need special permission rather than automatically.
Advocacy
Gender equality advocacy group Fair Agenda has been campaigning for pre-recorded testimonies for sexual assault victim-survivors.
Campaign Manager Jacinta Masters told TDA that their campaigning is focused on special hearings before a sexual assault trial that allow for a full testimony to be shared by a victim-survivor.
These hearings would include the pre-examination, cross-examination and retrials, and would be conducted by a prosecutor, not the police.
Opposition
In a statement to TDA, NSW Opposition Leader Kellie Sloane said: “We should do whatever we can to support victim survivors of sexual assault through the criminal justice process.”
Sloane noted that it is “important we get any changes right,” flagging that the Coalition will “consult with stakeholders once we see the proposed legislation.”
What’s next?
The legislation was introduced in NSW Parliament on Tuesday.
MPs will now review it before what’s known as a ‘Second Reading Debate’ – an opportunity for any amendments to be introduced.
NSW Parliament will sit again in mid-October.
The state’s Labor Government will need support from the Opposition Coalition or members of the crossbench to pass the reforms in the upper house.
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